Congress Puts Bush Administration on Notice to Stop Using Abusive Interrogation Methods; but Struggle Continues to Keep Torture Evidence out of Court

Overwhelming Majority of Members Supported McCain Ban on Cruel, Inhuman or Degrading Treatment of Detainees, signed by President Bush on December 30, 2005

On December 30, 2005, President Bush signed the 2006 Defense Appropriations Bill, which included an amendment by Senator John McCain prohibiting the use of cruel, inhuman or degrading treatment against any individual in the custody or physical control of the Unite States. The McCain amendment was passed by overwhelming majorities in both Houses of Congress. “Congress put the Bush administration on notice: they must immediately stop using abusive interrogation methods on detainees, including waterboarding, painful stress positions and forced hypothermia, or 'cold cell',” said Elisa Massimino, Washington Director of Human Rights First. “The CIA revealed earlier this year that it employs these tactics as part of its ‘Enhanced Interrogation Techniques’. No reasonable person can now consider these techniques to be permitted, and anyone who gets legal advice to the contrary should think twice about defying the will of Congress. The Bush administration must take steps immediately to make clear that this abhorrent and illegal policy is no longer in place.”

In addition to including Senator McCain’s amendment banning cruel, inhuman or degrading treatment of detainees, the McCain amendment also established the Army Field Manual as the binding rules for all military interrogations.
“No longer can the administration equivocate about the scope of the law governing their actions. The law is now clear: no more inhumane treatment of prisoners -- period,” said Massimino. “The McCain standard applies to all U.S. personnel – including the CIA – everywhere, no matter who they are interrogating. U.S. personnel will be subject to sanctions if they engage in inhumane treatment of detainees."

Specifically, reports indicate that the following techniques have been used, or may currently be in use:

• Waterboarding

• Sleep Deprivation

• Stress Positions

• Hypothermia

• Striking, Punching, Violent Shaking

• Using Dogs to Terrify

• Forced Nakedness and Sexual Humiliation

The McCain Amendment is a critical first step toward healing the damage done to America’s honor by the abuse of prisoners and official authorization of illegal tactics by senior officials,” said Massimino. “The Administration must follow this mandate, ensuring that all interrogation techniques comply with the humane standards and that American personnel are trained in accordance with the law. Congress must be vigorous in its oversight to ensure full compliance with the law.”

Human Rights First Deeply Troubled by Graham/Levin/Kyl Amendment

Unfortunately, the same Appropriations bill that included the McCain amendment also contained an additional amendment by Senators Graham, Levin and Kyl that seeks to limit the courts’ independent role in checking the legality of executive detention. As finally enacted, the amendment would also purportedly allow review boards to consider evidence obtained through coercion.

Human Rights First voiced its vigorous opposition to the Graham-Levin-Kyl amendment. “No civilized court in the world today considers evidence that was gleaned as a result of torture or cruel and inhuman treatment,” said Elisa Massimino. “Our Supreme Court has made this clear in case after case dating back to the origins of the Constitution,” Massimino added, “and it would be a grave mistake for Congress to backtrack from this age-old principle now.”
The Graham/Levin/Kyl amendment as written raises a series of constitutional questions of this magnitude, making it likely the bill will end up clogging the courts with more work. “Congress would do better to begin by fixing the parts of our system that are broken than by breaking one of the few parts of democracy – our great system of independent courts – that has actually worked well,” Massimino noted.

“When Congress speaks on the question of torture and abuse, it needs to speak with crystal clarity that torture is not tolerated anywhere, anytime, by anyone acting in the name of the United States,” said Massimino. “McCain’s amendment does that. Graham’s does not.”

Final Text of “Detainee Treatment Act of 2005” as signed by the President on December 30, 2005

Human rights First Applauds Agreement Banning Abuse of Detainees (HRF Press Release 12/15/05)

Joint Statement on the McCain Anti-Torture Amendment Prohibitions (PDF-24KB)

"Cruel, Inhuman and Degrading" What the McCain Amendment Bans (PDF-16KB)

Human Rights Letter on Graham Amendment (PDF-16KB)

Letter from Adm. John Hutson (Ret., USN) to Senator Specter on Graham Amendment (PDF-379KB)