Sanctioned Degradation

While many of these techniques were documented in a 2005 Pentagon report, that document suggested that some of the methods—such as subjecting Khatani to menacing, growling dogs—had not been approved by high-level commanders at Guantanamo. But Levin's report includes quotes from an interview with Jane Dalton, the legal counsel to the Joint Chiefs of Staff, in which Dalton said that she and Major Gen. Geoffrey Miller, then the Guantanamo Commander, "discussed the use of dogs for interrogation purposes" in early November 2002. According to the report Dalton "said that the 'theory was that certain individuals are afraid of dogs' and that, while … Miller talked about dogs being outside the interrogation room, they discussed the purpose of the dogs' presence during interrogations was that it 'exploits [the detainee's] fear.''' Miller, however, told the panel that he had removed the use of dogs from Khatani's interrogation plan and only approved their use "for security around the perimeter of Camp X-Ray," the area at Guantanamo where Khatani was being held.

The use of these interrogation techniques triggered repeated and strong protests from military criminal investigators and FBI agents then at Guantanamo, several of which are cited in the report. "I … am extremely concerned that the use of many of these techniques will open any military members up for potential criminal charges," wrote one colonel in a Nov. 14, 2002, e-mail to Miller. Another FBI special agent wrote a legal analysis on December 2, 2002, concluding that some of the techniques being used against Khatini were "examples of coercive interrogation techniques which may violate" the federal torture law and warned that "it is possible that those who employ these techniques may be indicted, prosecuted and possibly convicted if the trier of fact determines that the user had the requisite intent." Those warnings are especially noteworthy given that Susan Crawford, the convening authority for the U.S. military commissions, told the Washington Post last January that she refused to approve 9/11 conspiracy charges against Khatani because she concluded that he had been subjected to "torture" during the course of his interrogation.

But Khatani wasn't the only Guantanamo detainee subjected to some of these same techniques, according to the Levin report. Another Jan. 16, 2002, memo outlining the interrogation plan for Slahi states that he would be questioned for up to 20 hours per day, have water poured on his head to keep him awake, and be subjected to the presence of dogs who would be made to bark in order to "agitate the detainee and provide shock value." The memo also describes techniques aimed at breaking down Slahi's ego, including ridiculing him, making him wear a mask and forcing him to wear signs ridiculing him as a "liar" or a "coward." Finally, the memo stated that interrogators would also force Slahi to wear a dog collar and instruct him to bark and perform dog tricks "to reduce the detainee's ego and establish control."

Late Tuesday, a spokesman said the Defense Department would have no comment on the report until Wednesday.

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