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Congress votes to ban waterboarding, etc.

By Josh Richman
Wednesday, February 13th, 2008 at 4:22 pm in Dianne Feinstein, Iraq, President Bush, War on Terror.

This just in from the office of U.S. Sen. Dianne Feinstein, D-Calif.:

Congress today approved legislation by U.S. Senators Dianne Feinstein (D-Calif.), Chuck Hagel (R-NE), and Sheldon Whitehouse (D-RI) that would require the CIA to follow the Army Field Manual’s rules on interrogations.

The legislation, which now goes to the President, will establish uniform standards on interrogation of detainees for all parts of the U.S. government. It prohibits waterboarding and other forms of coercive interrogation techniques.

“Today, the Senate stood tall and declared in a strong voice that the United States will not engage in torture,” Senator Feinstein said. “This is an historic moment, and I strongly urge the President to sign it into law. This legislation will require the CIA to follow the Army Field Manual’s protocols on interrogations. It will help restore America’s credibility abroad by establishing a single, uniform standard for the interrogation of detainees in our custody. No longer will the United States allow actions by its intelligence services which clash so sharply with the very ideals upon which this nation was founded. This legislation ensures that the United States will follow the law – the Geneva Conventions, the Conventions Against Torture, and the Detainee Treatment Act. Only by living up to our principles can we regain credibility in the eyes of the world. The President should sign this bill into law.”

[snip]

The measure was included as an amendment to the Intelligence Authorization bill, which was approved today by the Senate.

The provision reads:

“No individual in the custody or under the effective control of an element of the intelligence community or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations.”

It specifically requires the CIA and all other U.S. intelligence agencies to follow the Army Field Manual’s protocols on interrogations.

The Army Field Manual specifically prohibits eight interrogation techniques:
· Forcing a detainee to be naked, perform sexual acts, pose in sexual manner;
· Placing hoods or sacks over the head of a detainee, duct tape over the eyes;
· Beatings, electric shock, burns or other forms of physical pain;
· Waterboarding;
· Use of military working dogs;
· Introducing hypothermia or heat injury;
· Conducting mock executions; and
· Depriving detainee of necessary food, water, or medical care.

The Army Field Manual allows 19 interrogation approaches, mainly based on psychological techniques, such as making a detainee believe that cooperation will shorten the length of a war and therefore save his country.

Just yesterday at the Berkeley protests regarding U.S. Marine Corps recruiting in Berkeley, I heard Rabbi Michael Lerner — founder of the Tikkun community and cofounder of the Network of Spiritual Progressives — list Feinstein among lawmakers who enable the war by failing to stand up to the Bush Administration, in her case by voting to confirm Michael Mukasey as Attorney General despite his refusal to explicitly characterize waterboarding as torture. (Go see here how some protestors heckled Feinstein for this back in November.)

But it seems Feinstein found a way to act on the issue, after all.

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