Human Rights First's U.S. Law and Security Digest is a weekly report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights.

CIA INTERROGATION TACTICS MAY CAUSE TRAUMA AND LEAD TO CRIMINAL PROSECUTION
Human Rights First and Physicians for Human Rights issued a joint report on Thursday - "Leave No Marks: ‘Enhanced' Interrogation Techniques and the Risk of Criminality" - detailing the physical and mental trauma that may result from extreme interrogation methods, the ways in which these measures may violate U.S. law, and the possible prosecution of U.S. personnel for their involvement in what may be considered torture or inhumane practices. According to the study, the techniques that have been authorized often result in psychological harm such as posttraumatic stress disorder, depressive disorder, or psychosis. The report concludes that individuals engaging in "enhanced" interrogation practices could face prosecution based on credible and compelling evidence of harm. "Administration lawyers may try to convince interrogators that the secret interrogation techniques authorized by the President are lawful because they cause no 'permanent damage.' But interrogators shouldn't buy it," said Elisa Massimino, Washington Director of Human Rights First. Human Rights First and Physicians for Human Rights urge the Executive Branch to prohibit "enhanced" interrogation techniques in order to protect U.S. officials and personnel from potential criminal liability and to ensure that all U.S. personnel adhere to U.S. law. In addition, they advocate calling on Congress to establish a single standard for detainee treatment and interrogation practices to be followed by all U.S. personnel, including CIA agents. Read more.

CONGRESS CONSIDERS EXPANDING ADMINISTRATION'S SURVEILLANCE POWERS
Director of National Intelligence Mike McConnell introduced a proposal to Congress on Friday that would give the Bush administration authority to intercept international calls or emails between terrorist suspects outside the United States and individuals inside the United States. The proposed legislation would amend the Foreign Intelligence Surveillance Act (FISA) by eliminating the need for a court order prior to engaging in these practices. Several Democratic members of Congress fear the proposal permits excessively broad powers and argue that interception of foreign-to-domestic calls should require oversight by the FISA court. The warrantless surveillance program had operated secretly from 2001 to 2005 but was placed under FISA court supervision in January 2006. Republicans criticized Democrats for failing to quickly reinstate the warrantless system and address threats of terrorism. Read more.

CONFUSION OVER MARINES' RULES OF ENGAGEMENT
The current hearings of Marines charged with the deaths of Iraqi civilians at Hamandiya and Haditha raise questions about the clarity of U.S. Marine rules of engagement governing the use of deadly force. Marines are expected to follow a process of escalating action that involves first showing a weapon, then shouting, shoving, and finally shooting. The Marine must also identify the target as a threat engaged in hostile actions. However, testimony at the hearings reveals that Marines have varied understandings of the definitions of targets and hostile actions. 2nd Lt. Nathan Phan testified that he had regarded choking and forcing guns into suspects' mouths as "a gray area," and he believed he "was doing the right thing to get information to save Marines' lives." A military mental health survey released in May found that 44% of Marines surveyed in Iraq in 2006 said that torture should be allowed if it will save the life of a fellow Marine and almost one-third of Marines surveyed said they had encountered ethical situations in Iraq in which they did not know how to respond. Read more.

BRITISH REPORT CONDEMNS U.S. RENDITION PRACTICES
Britain's Intelligence and Security Committee released a report on Sunday criticizing U.S. rendition and detention practices. According to the report, British authorities decided not to cooperate with the CIA in some covert operations due to the U.S. government's failure to guarantee that the operations would not result in the rendition or harmful treatment of terror suspects. The report also criticized British intelligence organizations, stating that the agencies failed to guarantee that the U.S. rendition policy would not lead to the transfer of detainees to countries where they may face torture. The report also faulted the Bush administration for its occasional lack of consideration of the British government's concerns regarding the detention and rendition of certain terror suspects, notably British residents Jamil el-Banna and Bisher al-Rawi, who the British said should not be arrested. Mr. al-Rawi was released from Guantanamo Bay this year, and Mr. el-Banna has been cleared for release, although British authorities will not allow him into the country. Read more.

AUGUST 12: DISCUSSION ON RULE OF LAW, HUMAN RIGHTS AND THE U.S. MILITARY
Featured as part of the American Bar Association's 2007 Annual Meeting, the roundtable discussion will focus on the U.S. military's role in respecting human rights, upholding U.S. law, and making difficult moral and legal decisions. The roundtable will feature members of the Judge Advocate General Corps. The discussion will take place from 9:00 a.m. to 11:30 a.m. in Ballroom Salon 9, Lower B2 Level at the San Francisco Marriott. More information.

AUGUST 17-20: 115^th ANNUAL APA CONVENTION
The American Psychological Association (APA) holds its annual convention at the Moscone Center in San Francisco and will host a series entitled "Ethics and Interrogations: Confronting the Challenge." APA members will join with outside experts to discuss clinical, legal, and ethical perspectives on the role of psychologists in interrogation practices. More information.

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© 2006 Human Rights First