In the course of trying to prove that its “enhanced” interrogation program was legal, the Bush administration may have broken the law, according to a new report (PDF) by Physicians for Human Rights. The watchdog group claims that in an attempt to establish that brutal interrogation tactics did not constitute torture, the administration ended up effectively experimenting on terrorism detainees. This research, PHR alleges, violated an array of regulations and treaties, including international guidelines on human testing put in place after the Holocaust.
According to the report, which draws on numerous declassified government documents, “medical professionals working for and on behalf of the CIA” frequently monitored detainee interrogations, gathering data on the effectiveness of various interrogation techniques and the pain threshholds of detainees. This information was then used to “enhance” future interrogations, PHR contends.
By monitoring post-9/11 interrogations and keeping records on the effectiveness of various techniques, medical professionals could also provide Bush administration lawyers with the information they needed to set guidelines for the use of so-called “enhanced” interrogation tactics. For instance, attorneys in the Justice Department’s Office of Legal Counsel (OLC) who were devising the legal rationale for the interrogation program could use the research to determine how many times a detainee could be waterboarded. Or, based on the observations of the medical personnel monitoring the interrogation sessions, they could assess whether it was legally justifiable to administer techniques like stress positions or water dousing in combination or whether these methods needed to be applied separately.
Human experimentation without the consent of the subject is a violation of international human rights law to which the United States is subject; federal statutes; the Common Rule, which comprises the federal regulations for research on human subjects and applies to 17 federal agencies, including the Central Intelligence Agency and the Department of Defense; and universally accepted health professional ethics, including the Nuremberg Code… Human experimentation on detainees also can constitute a war crime and a crime against humanity in certain circumstances.
Ironically, one goal of the “experimentation” seems to have been to immunize Bush administration officials and CIA interrogators from potential prosecution for torture. In the series of legal papers that are now popularly known as the “torture memos,” Justice Department lawyers argued that medical monitoring would demonstrate that interrogators didn’t intend to harm detainees; that “lack of intent to cause harm” could then serve as the cornerstone of a legal defense should an interrogator be targeted for prosecution. In 2003, in an internal CIA memo cited in the PHR report, the CIA’s general counsel, Scott Muller, argued that medical monitoring of interrogations and “reviewing evidence gained from past experience where available (including experience gained in the course of U.S. interrogations of detainees)” would allow interrogators to inoculate themselves against claims of torture because it “established” they didn’t intend to cause harm to the detainees.
More proof that the Republican party is fascist political organization.