Bush-era interrogation memo: No torture without 'severe pain' intent

[Eugene]

Source: CNN

updated 2 hours, 28 minutes ago

Bush-era interrogation memo: No torture without 'severe pain' intent

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WASHINGTON (CNN) -- Interrogation tactics such as
waterboarding, sleep deprivation and slapping did not
violate laws against torture when there was no intent
to cause severe pain, according to a Bush-era memo on
the tactics released Thursday.

"To violate the statute, an individual must have the
specific intent to inflict severe pain or suffering,"
said an August 2002 memo from then-Assistant Attorney
General Jay Bybee to John Rizzo, who was acting general
counsel for the CIA.

"Because specific intent is an element of the offense,
the absence of specific intent negates the charge of
torture. ... We have further found that if a defendant
acts with the good faith belief that his actions will
not cause such suffering, he has not acted with
specific intent," Bybee wrote.

The Bybee opinion was sought on 10 interrogation
tactics in the case of suspected al Qaeda leader Abu
Zubaydah.

The memo authorized keeping Zubaydah in a dark,
confined space small enough to restrict the individual's
movement for no more than two hours at a time. In
addition, putting a harmless insect into the box with
Zubaydah, who "appears to have a fear of insects,"
and telling him it is a stinging insect would be allowed,
as long as Zubaydah was informed the insect's
sting would not be fatal or cause severe pain.

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Read more: http://www.cnn.com/2009/POLITICS/04/16/us.torture.documents/index.html