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Torture Memos : ウィキペディア英語版
Torture Memos

The Torture Memos is a term originally applying to a set of legal memoranda drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel of the United States Department of Justice. They advised the Central Intelligence Agency, the United States Department of Defense, and the president on the use of enhanced interrogation techniques: mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding, and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the "War on Terror".
Following accounts of the Abu Ghraib torture and prisoner abuse scandal in Iraq, one of the memos was leaked to the press in June 2004. Jack Goldsmith, then head of the Office of Legal Counsel, had already withdrawn the Yoo memos and advised agencies not to rely on them. After Goldsmith was forced to resign because of his objections, Attorney General Ashcroft issued a one paragraph opinion re-authorizing the use of torture. Then in December 2004, another head of OLC reaffirmed the original legal opinions.
In May 2005 the CIA requested new legal opinions about the interrogation techniques it was using. The OLC issued three memos that month, signed by Steven G. Bradbury, ruling on the legality of the authorized techniques if agents followed certain constraints. In addition to these memos issued by the OLC to executive agencies, internal memos were written related to the use of torture in interrogation of detainees; for instance, in 2002 and 2003, Donald Rumsfeld, Secretary of Defense, signed several memos authorizing "Special Interrogation Plans" for specific detainees held at Guantanamo Bay in an attempt to gain more information from them.
All of these memoranda have been the focus of considerable controversy over executive power, government practices, and the treatment of detainees during the Bush administration. They were repudiated by President Barack Obama on January 22, 2009, shortly after he took office.
==The Torture Memos==
The term "torture memos" was originally used to refer to three documents prepared by the Office of Legal Counsel at the United States Department of Justice and signed in August 2002: "Standards of Conduct for Interrogation under 18 U.S.C. sections 2340-2340A" and "Interrogation of al Qaeda" (both drafted by Jay Bybee), and an untitled letter from John Yoo to Alberto Gonzales.
Since the initial revelation of these documents, other communications related to the use of torture to coerce or intimidate detainees during the Bush administration have been divulged. These include a December 2, 2002, internal Department of Defense memo signed by Donald Rumsfeld, then Secretary of Defense, authorizing 17 techniques in a "Special Interrogation Plan" to be used against the detainee Mohammed al-Qahtani;〔("U.S. Said to Overstate Value of Guantánamo Detainees" ), ''The New York Times'', June 21, 2004〕 a March 13, 2003, legal opinion written by John Yoo of the Office of Legal Counsel, DOJ, and issued to the General Counsel of Defense five days before the U.S. invasion of Iraq started, concluding that federal laws related to use of torture and other abuse did not apply to agents interrogating foreigners overseas;〔("A Top Pentagon Lawyer Faces a Senate Grilling On Torture" ), ''Newsweek'', 5 April 2008, accessed 18 January 2013〕 and other DOD internal memos authorizing techniques for specific military interrogations of certain individual detainees.
In 2005, Alberto Gonzales testified before Congress that the CIA sought the 2002 opinion after having captured Abu Zubaydah in 2002, who was then believed to be a significant al-Qaeda figure who could provide important information to U.S. efforts to constrain and prevent terrorism.〔(Zachary Coile, "Gonzales unflappable in 6 hours of testimony - Bush nominee says torture will not be tolerated" ), ''San Francisco Chronicle,'' January 7, 2005〕 They were anxious to get as much information from Zubaydah as fast as possible. Questions by CIA officers over which tactics could be used on the detainee had spurred writing the torture memo,〔David Johnston and James Risen ("The Reach Of War: The Interrogations; Aides Say Memo Backed Coercion Already In Use" ), ''The New York Times'', June 27, 2004〕 which is reflected in the language of the memo; "You have asked for this advice in the course of conducting interrogations of Abu Zubaydah."〔(Jay Bybee and John Yoo, "Memorandum for John Rizzo Acting General Counsel of the Central Intelligence Agency: Interrogation of al Qaeda Operative" ) U.S. Department of Justice, Office of Legal Counsel, August 1, 2002〕 The memo's author, John Yoo, acknowledged the memo authorized the "enhanced interrogation techniques" used by the CIA in Zubaydah's interrogation.〔Jeffrey Rosen ("Conscience of a Conservative" ), ''The New York Times'', September 9, 2007〕 Yoo told an interviewer in 2007, "there was an urgency to decide so that valuable intelligence could be acquired from Abu Zubaydah, before further attacks could occur."〔

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