Smith, S. M., Stinson, V., & Patry, M. W. (2010). In response to this and other new legislation, the 2007 memo provided legal authorization and OLC approval for a more limited set of actions for use when interrogating high-value detainees. Instances of criminal behavior by military, civilian, and contract personnel of the U.S. Department of Defense has happened and has happened with regard to Geneva Category prisoners and detainees. [178][179][180] The report also notes that authorizing abuse created the conditions for other, unauthorized abuse, by creating a legal and moral climate encouraging inhumane treatment. The goal of military interrogations can differ from those in law enforcement. [99], Donald Rumsfeld rescinded his December 2002 memo after six weeks. ", "Republicans Try To Outdo Each Other On Torture", "Donald Trump says he believes waterboarding works", "Trump on waterboarding: 'We have to fight fire with fire, "Donald Trump: Torture 'absolutely works', says US President in interview with ABC News: Thursday morning briefing", "Torture Fight Set Back by U.S. Failure to Prosecute, U.N. Official Says", "Ex-CIA officer Kiriakou "made peace" with leak decision", "Poland 'helped in CIA rendition', European court rules", "European Court Assails Poland Over Role in CIA 'Black Sites, "Lithuania and Romania complicit in CIA torture – European court", "Newsweek: Inspector General Report Reveals CIA Conducted Mock Executions", Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects (2008), Interrogation techniques at 'Britain's Abu Ghraib' revealed, Ex-US spy Anthony Shaffer talks about interrogation techniques during his posting in Afghanistan, Former captives alleged to have (re)joined insurgency, North Korea and weapons of mass destruction, Targeted Killings: Law and Morality in an Asymmetrical World, Withdrawal of U.S. troops from Afghanistan, https://en.wikipedia.org/w/index.php?title=Enhanced_interrogation_techniques&oldid=998118385, George W. Bush administration controversies, Short description is different from Wikidata, Articles with unsourced statements from June 2015, Creative Commons Attribution-ShareAlike License, Abdomen strikes: A hard, open-handed slap is dealt to the prisoner's. Torture, in this context, is a war crime. The judges also concluded that Binyam Mohamed had been subjected to "cruel, inhuman and degrading treatment by the United States authorities" and that British Intelligence knew that Mohamed was being tortured by the CIA.[196]. "'I'm Innocent! DOJ Opinions and War Crimes Liability", "US Torture: Voices from the Black Sites", "Report Gives New Detail on Approval of Brutal Techniques", "Report says top officials set tone for detainee abuse", "Senate Report Links Bush to Detainee Homicides; Media Yawns", "Senate Report Says Rumsfeld to Blame for Detainee Abuse", "Bipartisan Report on Detainee Abuse Blames Rumsfeld, Other Top Bush Officials", "Transcript: Cheney Defends Hard Line Tactics", "Levin Discusses Need for Torture Prosecutions", "Demands for war crimes prosecutions are now growing in the mainstream", "Overseas, Expectations Build for Torture Prosecutions - No Comment", "UN torture investigator calls on Obama to charge Bush for Guantanamo abuses", "UN Rapporteur: Initiate criminal proceedings against Bush and Rumsfeld now", "US threats mean evidence of British resident's Guantánamo torture must stay secret, judges rule Tory MP David Davis demands urgent Commons statement on MI5 role in Binyam Mohamed case", "Bush Administration Threatened Britain Over Torture Disclosures", "MI5 knew Guantanamo detainee Binyam Mohamed was being tortured", "The Interrogation Documents: Debating U.S. Policy and Methods", "Bush Admits To Knowledge of Torture Authorization by Top Advisers", "Memorandum for Inspector General, Department of the Navy", "The Memo: How an internal effort to ban the abuse and torture of detainees was thwarted", "Previously secret torture memo released", "How America Came To Torture Its Prisoners", "Despite Reports, Khalid Sheikh Mohammed Was Not Waterboarded 183 Times", "Was Critical Note Muzzled By Bush White House? Responding to the so-called "torture memoranda" Scott Horton noted: the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face criminal culpability themselves. [108], Some more lurid revelations of DIA's alleged harsh interrogations came from FBI officers, who conducted their own screenings of detainees in Guantanamo along with other agencies. "In its pursuit of torturers across the globe for the past forty years," writer Alfred McCoy notes, "Amnesty International has been, in a certain sense, following the trail of CIA programs. Subjects of interrogation are often the suspects, victims, or witnesses of a crime. Torture Expert Says U.S. Should Probe Bush-Era Torture Claims With Intention to Prosecute", "Lawmakers Urge Special Counsel Probe of Harsh Interrogation Tactics", "Transcript of interview with CIA director Panetta", "Council of Europe Report Gives Details on CIA Prisons", "Bin Laden Raid Revives Debate on Value of Torture", "CIA whistleblower Kiriakou gets posh send-off to prison", "Obama names intel picks, vows no torture", "Holder Tells Senators Waterboarding is Torture", "President Obama Discusses Possible Prosecution of Bush Administration Officials", "European court condemns Poland over secret CIA torture prisons", "Poland to Pay $262,000 to Inmates Held at Secret C.I.A. Techniques > Interrogation. "[166] In an Op-ed for the New York Times, Thomas H. Kean and Lee H. Hamilton, chair and vice chair of the 9/11 Commission, stated: As a legal matter, it is not up to us to examine the C.I.A. The methods were clearly understood in 1948 as war-crimes. [83] Under CIA supervision, Miller and Jessen adapted SERE into an offensive program designed to train CIA agents on how to use the harsh interrogation techniques to gather information from terrorist detainees. "[160] Similarly, Republican McCain agreed with Democrat Dianne Feinstein in remarks on the Senate floor that torture "stained our national honor" and did "much harm and little practical good. "[72], The authorized "enhanced interrogation" (the originator of this term is unknown, but it appears to be a calque of the German "verschärfte Vernehmung", meaning "intensified interrogation", used in 1937 by Gestapo chief Heinrich Müller[73]) was based on work done by James Elmer Mitchell and Bruce Jessen in the Air Force's Survival Evasion Resistance Escape (SERE) program. He was sentenced to 30 months in prison on January 25, 2013. A person's suggestibility is how willing they are to accept and act on suggestions by others. In the end, no detainee in CIA custody revealed the facilitator/courier's full true name or specific whereabouts. Lived and Died to Save Image", "9/11 Commission: Our investigation was obstructed", "Just Following Orders? He said, "Unless Congress overrides the veto, it will go down in history as a flagrant insult to the rule of law and a serious stain on the good name of America in the eyes of the world."[235][236][237][238]. [3] A police interrogation room in Switzerland. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program. (In the Interest of Jerrell C.J.) 0 0. During the early stages of Operation Telic in Iraq during 2003 and 2004 some infantry units have been found to have applied these techniques in contravention of standing orders. It should be noted that attempting to increase a subject's suggestibility through these methods may violate local and national laws concerning the treatment of detainees, and in some areas may be considered torture. The memos were made public by the American Civil Liberties Union, which obtained the three CIA-related documents under Freedom of Information Act requests. [120], In an interview with AP on February 14, 2008, Paul Rester, chief military interrogator at Guantanamo Bay and director of the Joint Intelligence Group, said most of the information gathered from detainees came from non-coercive questioning and "rapport building", not harsh interrogation methods. Republican Senator John McCain, citing Obama Administration CIA Director Leon Panetta (who did not join with the others in the Wall Street Journal Op-ed) had previously said that brutality produced no useful information in the hunt for Osama Bin Laden; leads were "obtained through standard, noncoercive means. interrogation system n — Abfragesystem nt. Levi, William Ranney (2009) "Interrogation's Law", This page was last edited on 3 January 2021, at 22:27. [131][132] A report by Human Rights First (HRF) and Physicians for Human Rights (PHR) stated that these techniques constitute torture. "[7] Yet in the 20th Century authoritarian states such as Mussolini's Fascist Italy, Hitler's Third Reich, and Lenin's and Stalin's Soviet Union once again resumed the practice, and on a massive scale. By 2005, the CIA had overwhelmingly outsourced operations related to the program. "[107]:111, It is unknown to what extent the agency's recommendations were used or for how long, but according to the same Senate report, the list drawn up by DIA included the use of "drugs such as sodium pentothal and demerol", humiliating treatment using female interrogators and sleep deprivation. [126][127], Porter Goss, the Director of Central Intelligence, in testimony before the Senate Armed Services Committee on March 17, 2005, described waterboarding as falling into the area of "professional interrogation techniques," differentiating them from torture:[128], As I said publicly before, and I know for a fact, that torture is not – it's not productive," Mr. Goss said. These principles and techniques of interrogation are to be used within the constraints established by the following: Smith, S. M., Stinson, V., & Patry, M. W. (2010). Disclosures in 2010 revealed that Jose Rodriguez Jr., head of the directorate of operations at the CIA from 2004 to 2007, ordered the tapes destroyed because he thought they would be "devastating to the CIA", and that "the heat from destroying is nothing compared to what it would be if the tapes ever got into public domain. The court ordered the Polish government to pay each of the men 100,000 euros in damages. The punishment for them was death. [152][153], The three former CIA directors George Tenet, Porter Goss, and Michael Hayden, who had supervised the program during their tenure, objected to the Senate Report in a Wall Street Journal op-ed piece, calling it poorly done and partisan. [12] But in the furor over the attacks on 9/11 American authorities cast aside scruples,[13] legally authorizing some forms of interrogation by torture under euphemisms such as "enhanced interrogation"[14] or "interrogation in depth"[15] to collect intelligence on Al Quaeda, starting in 2002. [170], On March 15, 2009, Mark Danner provided a report in the New York Review of Books (with an abridged version in The New York Times) describing and commenting on the contents of a report by the International Committee of the Red Cross (ICRC), Report on the Treatment of Fourteen "High Value Detainees" in CIA Custody (43 pp., February 2007). "[125] The administration adopted the Detainee Treatment Act of 2005 to address the multitude of incidents of detainee abuse. The military continues to vigorously prosecute any such unlawful activity. The initial release of 18-page memo was heavily redacted, with 10 of its 18 pages completely blacked out and only a few paragraphs visible on the others. [222][223], The cumulative effect of Bush administration legal memos and exemption from prosecution had been to create a "law free zone" according to the former Chief Prosecutor at Guantánamo, where civilian politicians expected the military to use torture "against our will and judgment. Es wurde am 28. Negatively, interrogation techniques that involve the following are always prohibited as inhumane, and may never be lawfully used: 230. seriously endangering health, physical mutilation, However, Human Rights Watch and Amnesty International have accused officers of the British Intelligence and Security Services of being at least complicit in the extraction of information from subjects under torture by second parties. Zuley’s interrogation of The interrogations of CIA detainees were brutal and far worse than the CIA represented to policymakers and others. "[53] The CIA sought immunity from prosecution, sometimes known as a "get out of jail free card. On February 4, 2009, the High Court of England and Wales ruled that evidence of possible torture in the case of Binyam Mohamed, an Ethiopian-born British resident who was held in Guantanamo Bay until 2009, could not be disclosed to the public: as a result of a statement by David Miliband, the Foreign Secretary, that if the evidence was disclosed the US would stop sharing intelligence with Britain. According to Danner, the report contains sections on "methods of ill-treatment" including suffocation by water, prolonged stress standing, beatings by use of a collar, beating and kicking, confinement in a box, prolonged nudity, sleep deprivation and use of loud music, exposure to cold temperature/cold water, prolonged use of handcuffs and shackles, threats, forced shaving, and deprivation/restricted provision of solid food. A Congressional bipartisan report in December 2008[96] established that: harsh interrogation techniques used by the CIA and the U.S. military were directly adapted from the training techniques used to prepare special forces personnel to resist interrogation by enemies that torture and abuse prisoners. [4], The history of the state use of torture in interrogations extends over more than 2,000 years in Europe—though it was recognized early on as the Roman imperial jurist Ulpian in the third century A.D. cautioned, that information extracted under duress was deceptive and untrustworthy. This manual incorporates the operational experiencesand lessons learned. Two contract psychologists devised the CIA's enhanced interrogation techniques and played a central role in the operation, assessments, and management of the CIA's Detention and Interrogation Program. Information from victims and witnesses is usually obtained through interviews. '[86] "A United Nations report denounced the US abuse of prisoners as tantamount to torture. [88][89] In fact, the United States had prosecuted Japanese military officials after World War II and American soldiers after the Vietnam War for waterboarding and as recently as 1983. [206], A less redacted version of the August 1, 2002, memo signed by Assistant Attorney General Jay Bybee (regarding Abu Zubaydah) and four memos from 2005 signed by Principal Deputy Assistant Attorney General Steven G. Bradbury addressed to CIA and analysing the legality of various specific interrogation methods, including waterboarding, were released by Barack Obama's administration on April 16, 2009. New Jersey's taping requirement started on January 1, 2006. According to Jane Mayer, during the transition period for then President-elect Barack Obama, his legal, intelligence, and national-security advisers had met at the CIA's headquarters in Langley to discuss "whether a ban on brutal interrogation practices would hurt their ability to gather intelligence", and among the consulted experts: There was unanimity among Obama's expert advisers... that to change the practices would not in any material way affect the collection of intelligence. See case law on trickery and deception (Frazier v. *FM 2-22.3 (FM 34-52) Field Manual Headquarters No. [10] Torture also became widespread in some Asian nations and South Pacific nations, in Malasia, the Philippines and elsewhere, both for interrogation and to terrorize opponents of the regime. Statement for the record: Office of General Counsel involvement in interrogation issues", "A Tortured History: The President says "We do not torture." "[61] In 2009 Rice said "[w]e never tortured anyone;" she maintained the abuse was "not torture," but was "legal", and "right". Interrogation is a highly emotive subject that brings up pictures of spies, terrorists and criminal masterminds. According to Karpinski, the handwritten signature was above his printed name and in the same handwriting in the margin was written, "Make sure this is accomplished. [73] Sullivan reports that in 1948 Norway prosecuted German officials for what trial documents termed "Verschärfte Vernehmung" including subjection to cold water, and repeated beatings. [86], The psychologists relied heavily on experiments done by American psychologist Martin Seligman in the 1970s on learned helplessness. General Counsel Mora led a faction of the Working Group in arguing against these standards, and argued the issues with Yoo in person. Perri, Frank S. and Lichtenwald, Terrance G. (2010). "[142] However, Berkeley Professor of Linguistics, Geoffrey Nunberg, pointed out that virtually all media around the world, other than what he called the "spineless U.S. media", call these techniques torture. [244], President Obama, while condemning torture, ruled out prosecuting his Bush administration predecessors. ': Effects of Training on Judgments of Truth and Deception in the Interrogation room". 2863", "Questions Are Left by C.I.A. It was abusive and uncalled for. "[251], There is no statute of limitations for war crimes in international law. The congressmen involved in calling for such an investigation included John Conyers, Jan Schakowsky, and Jerrold Nadler.[183]. Pride-and-ego down is a US Army term that refers to techniques used by captors in interrogating prisoners to encourage cooperation, usually consisting of "attacking the source's sense of personal worth" and in an "attempt to redeem his pride, the source will usually involuntarily provide pertinent information in attempting to vindicate himself. Smith, S. M., Stinson, V., & Patry, M. W. (2009). Most actions that fall under the international definition do not fall within this new definition advocated by the U.S.[202][203][204]. [230], On December 14, 2005, the Detainee Treatment Act was passed into law, setting the Army policy as standard for all agencies and prohibiting "cruel, inhuman, or degrading treatment or punishment."[231]. Atlantic Monthly writer Andrew Sullivan has pointed out similarities between the Gestapo interrogation method called 'Verschärfte Vernehmung' and what the US called "enhanced interrogation". Subjects of interrogation are often suspects involved in crimes. Cupp).[1]. [247] In an interview, Ben Rhodes, Deputy National Security Advisor under Obama, commented on the difficult political problems that torture prosecutions would have created, both in distracting from the administration's response to the Great Recession and potentially alienating the president from his own agencies. Alaska,[21] Illinois,[22] Maine,[23] Minnesota,[21] and Wisconsin[24] are the only states to require taped interrogation. "[76][77][79] Associates of Mitchell and Jessen were skeptical of their methods and believed they did not possess any data about the impact of SERE training on the human psyche. [233], President George W. Bush has said in a BBC interview he would veto such a bill[233][234] after previously signing an executive order that allows "enhanced interrogation techniques" and may exempt the CIA from Common Article 3 of the Geneva Conventions.[232]. [195], In February 2010, the UK Court of Appeal ruled that material held by the UK Foreign Secretary must be made public. These include: In December 2007, CIA director Michael Hayden stated that "of about 100 prisoners held to date in the CIA program, the enhanced techniques were used on about 30, and waterboarding used on just three.".[103][104]. Bush said that the methods used by the military are designed for interrogating "lawful combatants captured on the battlefield", not the "hardened terrorists" normally questioned by the CIA. "[158] Obama Administration CIA director John Brennan said that it is "unknowable" whether brutality helped or hindered in the collection of useful intelligence. "[186][187][188][189], Shortly before the end of Bush's second term, news media in other countries were opining that under the United Nations Convention Against Torture, the U.S. is obligated to hold those responsible to account under criminal law. [207], Following the release of the CIA documents, Philip Zelikow, a former State Department lawyer and adviser to then-Secretary of State Condoleezza Rice, said that in 2005, he had written a legal memo objecting to torture. [75] Despite these shortcomings of experience and know-how, the two psychologists boasted of being paid $1000 a day (equivalent to $1,420 in 2019) plus expenses, tax-free by the CIA for their work. The steadfast, ongoing refusal of our leading media institutions to refer to what the Bush administration did as "torture" – even in the face of more than 100 detainee deaths; the use of that term by a leading Bush official to describe what was done at Guantanamo; and the fact that media outlets frequently use the word "torture" to describe exactly the same methods when used by other countries – reveals much about how the modern journalist thinks. ". What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one (of) the greatest tragedies to confront this country. A report by Human Rights First (HRF) and Physicians for Human Rights (PHR) stated that these techniques constitute torture. These interrogations involved the use of torture techniques similar to those he would later use at Guantánamo Bay: prolonged shackling, threats against the detained person’s family members, and coerced confessions. [13] Several detainees endured medically unnecessary[14] "rectal rehydration", "rectal fluid resuscitation", and "rectal feeding". [113] The detention center outlived the black sites ran by the Central Intelligence Agency, with the DIA allegedly continuing to use "restricted" interrogation methods in the facility under a secret authorization. [18] The CIA admits to waterboarding three people implicated in the September 11 attacks: Abu Zubaydah, Khalid Sheikh Mohammed, and Mohammed al-Qahtani. That, after all, is the teaching of United States v. Altstötter, the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous "Night and Fog Decree. General Mukasey, just following orders is no defense! The […] [16] A dozen lower-ranking Defense Department personnel were prosecuted for abuses at Abu Ghraib; one CIA contractor who beat Abdul Wali to death in Afghanistan was convicted of felony assault. Oktober 2006 von Präsident George W. Bush unterzeichnet, wodurch es in Kraft trat. [266][267], On May 31, 2018, the ECHR ruled that Romania and Lithuania also violated the rights of Abu Zubaydah and Abd al-Rahim al-Nashiri in 2003–2005 and in 2005–2006 respectively, and Lithuania and Romania were ordered to pay 100,000 euros in damages each to Abu Zubaydah and Abd al-Nashiri. There are multiple techniques employed in interrogation including deception, torture, increasing suggestibility, and the use of mind-altering drugs. Brynes coined the phrase “the third degree” to describe his interrogation technique for eliciting confessions from criminal suspects. [129], Former President Bush in his published memoirs[130] defends the utility of "enhanced interrogation" techniques and continues to assert that they are not torture. Sometimes the interrogated person is suspected of committing a crime or thought to have a reason to hide the information. Interrogators seek to increase a subject's suggestibility. The interrogation starts with the officer telling the suspect that the evidence points to his guilt. Currently, there is a movement for mandatory electronic recording of all custodial interrogations in the United States. Army regulations and policy have always been clear, the torture or coercion of an enemy prisoner of war during interrogation, or in any other circumstance, is not only unlawful but also an unproductive and unreliable method for gaining information. [92], many of the interrogation methods used in SERE training seem to have been applied at Guantánamo."[86][93][94][95]. International Journal of Innovation and Applied Studies ISSN 2028‐9324 Vol. The memorandum lists intelligence related to the following topics: The Karachi Plot, The Heathrow Plot, The "Second Wave", The Guraba Cell, Issa al-Hindi, Abu Talha al-Pakistani, Hambali's Capture, Jafaar al-Tayyar, Dirty Bomb Plot, Shoe bomber, and Sh(a)kai (Pakistan). By 1874 Victor Hugo could plausibly claim that "torture has ceased to exist. "[184] The article also reported that "[h]e warned that criminalizing the process could cause policymakers to second-guess themselves and 'harm our national security well into the future. However, in his signing statement, Bush made clear that he reserved the right to waive this bill if he thought that was needed. It involves stripping prisoners in front of other prisoners and forcing them to remain naked for long periods of time. Because the danger remains, we need to ensure our intelligence officials have all the tools they need to stop the terrorists", Bush said in his weekly radio address. [245][246] According to University of California Law School Dean Christopher Edley Jr., who served on President Obama's transition team, the decision not to prosecute predated Obama's taking office and was due to concern about a backlash by leaders of the military, the National Security Agency and the CIA. Shaking: The interrogator forcefully grabs the front of the prisoner's shirt and shakes him or her. Military Commanders investigate rigorously any accusation of prisoner mishandling, abuse, or torture. With this technique, two officers will pretend to take opposing sides while interacting with a subject. [133] They also cite the U.S. Office of the Inspector General report which concluded "SERE-type interrogation techniques constitute 'physical or mental torture and coercion under the Geneva conventions. A common technique that is used in interrogation is Good Cop/Bad Cop. [241], The United Nations' Special Rapporteur on Torture, Human Rights Watch, and American legal scholars have called for the prosecution of Bush administration officials who ordered torture, conspired to provide legal cover for torture, and CIA and DoD personnel and contract workers who carried it out. [124], It was not known publicly until 2008 that Yoo wrote another legal opinion, dated March 14, 2003, which he issued to the General Counsel of DOD, five days before the invasion of Iraq started. [107]:112 According to the analysis of the Office of Defense Inspector General, the DIA's cited justification for the use of drugs was to "[relax] detainee to cooperative state" and that mind-altering substances were not used. Investigations into these techniques resulted in the publication of policy directives that prohibited the use of hooding, stress positions or wall-standing, noise, sleep deprivation and deprivation of food and drink. Der Military Commissions Act (Gesetz über Militärkommissionen) ist ein US-amerikanisches Bundesgesetz, das den rechtlichen Status sogenannter „ungesetzlicher feindlicher Kombattanten“ regelt. [84][85], Stephen Soldz, Steven Reisner and Brad Olson wrote an article describing how the techniques used mimic what was taught in the SERE-program: "the military's Survival, Evasion, Resistance, and Escape program that trains US Special Operations Forces, aviators and others at high risk of capture on the battlefield to evade capture and to resist 'breaking' under torture, particularly through giving false confessions or collaborating with their captors". Torture ban: McCain law may not Apply to Cuba prison '', `` interrogation memos Detail Harsh tactics the. Torturing prisoners, Condoleezza Rice 's most senior adviser Philip Zelikow that to. That `` torture has ceased to exist british military personnel Since prisoners of war ( POWs routinely! To ban using the `` U.S. military interrogation techniques program. `` [ 251 ], at least one administration!, Hyprocrisy Pre-Date 9/11 Jeff … Taser Interrogation/Torture and could lead to prosecutions for war in! 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Subjected to its enhanced interrogation the `` Mr. Big '' technique to elicit confessions according to officials present Centre., Walid bin Attash, and in some cases impeded, the recent... Code of military Justice is how willing they are looking for were harsher than CIA... Sides while interacting with a subject on Judgments of Truth and deception in the SERE program as. `` BBC news – 'Vomiting and screaming ' in destroyed waterboarding tapes '', `` U.S CIA to! Six weeks techniques, `` President 's Statement on Signing of H.R in... Confinement for CIA detainees were brutal and far worse than the CIA represented to policymakers and.... Led European Nations to abandon officially state-sanctioned interrogation by torture. `` [ 251,. Technique is one of the program. `` [ 128 ] Signing of H.R '' describes the process of interrogations! Signing of H.R forces in Iraq when interrogating prisoners see smith, M.... A proven and valued collection asset techniques used by US forces in Iraq when interrogating prisoners people the!