We believe that CIA's activities and general focus have become severely unbalanced, with the lion's share of funding and energy going to the paramilitary-prone operational side -- where the potential for human rights abuses is not given sufficient consideration.
That trend has gone on steroids in more recent decades, and it is a safe bet that Gina Haspel would accelerate it. We would also observe that if most of the talent and funding goes to CIA paramilitary operations, then the by-products will necessarily include a tendency to engage in politically motivated -- and therefore shabby -- analysis. That means that senior policymakers like you will be poorly informed, particularly with respect to complex world issues -- including biased perspectives on Russia and its newly re-elected president, Vladimir Putin.
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We Veteran Intelligence Professionals for Sanity (VIPS) are extremely concerned at the possibility that Gina Haspel might become the next Director of the CIA. Haspel actually supervised a CIA "black site" codenamed "Cat's Eye" in Thailand where a number of suspected terrorists were tortured. She subsequently collaborated in destroying all 92 videotapes of the torture sessions, effectively covering up what were likely serious war crimes.
There should be no question about the illegality of torture. It has been universally condemned and banned by both the Geneva Conventions and United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was signed by President Ronald Reagan in 1988 and ratified by the Senate in 1994.
The UN Convention defines torture "as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession..." and makes clear that "no exceptional circumstances whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture."
The Convention's Article 2 requires signatories to take effective measures to prevent torture in any territory under their jurisdiction. The complete prohibition of torture is absolute. Under international law, officials cannot receive immunity in cases involving torture and governments that have signed the Convention are obligated to bring torturers to justice. US domestic law was brought in line with the Convention once the US became a signatory and ratified it.
In the wake of the Abu Ghraib revelations, torture, to include its variations that have been euphemistically described as "enhanced interrogation techniques" (EIT), is now explicitly banned by the US military in its training manuals. A number of soldiers were tried and imprisoned in the wake of Abu Ghraib, although the "upper ranks" -- in civilian as well as military spheres -- who approved torture managed to escape serious consequences.
Some in the Pentagon clearly took seriously allegations of torture and were willing to file criminal charges against those involved, though Department of Defense leadership never saw fit to assume responsibility for having set up a policy environment that quite clearly condoned EIT.
There is also another significant historical and legal precedent that demonstrates that the United States government has by its own actions agreed that what is today being called "enhanced interrogation" is a war crime. In 1946-1948, Japanese officers who tortured Allied soldiers -- including what is now referred to as waterboarding -- were tried at the Tokyo post-war tribunals for that crime, found guilty, and executed.
Heinous
More recently, the meticulously documented unclassified 528 page Executive Summary of the Senate Select Committee on Intelligence (SSCI) report on the CIA's secret Rendition, Detention and Interrogation (RDI) program is remarkable for its candor. That five-year investigation was based on original CIA cables and other documents.
In blunt language, the Senate report describes the horrors of the black site secret prisons and the efforts that were made to get terrorist suspects to talk. It demonstrates that the interrogations were brutal -- worse than anyone had been led to believe -- and also that they did not produce any information that might not have been developed otherwise or, in many cases, any actionable intelligence whatsoever. The full classified text of the report -- which names names of the actual torture perpetrators redacted in the summary -- runs to almost 7,000 pages.
Moreover, coercive interrogation frequently produced misleading or fabricated intelligence that wasted resources by having to be meticulously checked before being used. This conclusion was also arrived at by former FBI interrogator Ali Soufan -- who deplored CIA methods -- as well as by a review conducted by CIA's then-Inspector General (IG), John Helgerson, in 2004. The "Helgerson Report" condemned both CIA leadership and Langley's on-the-ground management of questionable programs driven by "analytical assessments that were unsupported by credible intelligence" -- programs which quickly became abusive.
It is our collective judgment that the loathsome physical abuses that included beatings, repeated waterboardings and anal violations referred to as "rectal feeding" -- as well as physical threats to family members -- cannot be whitewashed with the convenient euphemism of "enhanced interrogation." All of those are acts of torture -- plain and simple.
And while there are undoubtedly many good moral arguments against torture, there are practical considerations as well. Despite what the media would have Americans believe, torture does not work.
We recall the unambiguous remarks of then-commander of Army intelligence, Gen. John Kimmons, who held a Pentagon press conference on Sept. 6, 2006 -- the same day President George W. Bush announced what he called "an alternative set of procedures" for interrogation (which later morphed into the term "enhanced interrogation techniques"). Anticipating that Bush would claim the EITS to be necessary and effective, Gen. Kimmons told the media: "No good intelligence is going to come from abusive practices. I think history tells us that. I think the empirical evidence of the last five years -- hard years --tells us that."
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