1. Torture and Other Cruel, Inhuman or Degrading Treatment Discussion Problem Presenter: Bill Aseltine

2. Part A: Effectiveness Our group is called to the Prime Minister's office for advice. We are met there by the Diilsland Army Chief of Intelligence and Chief Inspector of the National Police. The chiefs say that they have dozens of suspected insurgents in custody and intend to interrogate them in order to obtain information about plans for future attacks.

3. Part A: Effectiveness The Intelligence Chief and Chief Inspector angrily say that as the result of our advice the Prime Minister has ordered them not to allow interrogators to either torture suspects or use other cruel, inhuman or degrading treatment against them.

4. A1.The chiefs say that this is a bad policy as it will result in little useful information from suspects and result in more innocent civilians, government police and soldiers will be killed or injured. 1.I agree. Torture will result in more useful information. 2.I disagree. Torture will not result in more useful information. Countdown 10

5. A2.What effect will the use of torture or other cruel, inhuman or degrading treatment of suspects have on insurgents who have not been caught? 1.It will increase their resentment against the government leading to more fighting. 2.It will cause them to stop fighting because they will fear the Diilsland. Countdown 10

6. A3. What effect will the use of torture or other cruel, inhuman or degrading treatment of suspects have on citizens of Diilsland as a whole? 1.The decision to use torture will be seen as justified because it increases security. 2.The decision to use torture will be seen as immoral and unjustified. Countdown 10

7. A4.What effects will the use of torture or other cruel, inhuman methods on suspects have on the governments and people of other countries? 1.Diilsland will lose support in the international community. 2.Other countries will understand because they also use torture. Countdown 10

8. Part B: Definitions The Chief Inspector and Intelligence Chief agree it is a bad idea to beat suspected insurgents. However, the chiefs say, many of the suspects are hard-core insurgents who refuse to answer questions and are openly hostile toward interrogators.

9. Part B: Definitions (continued) The chiefs say in such cases harsh methods are needed to make the suspects more cooperative. The chiefs present our group with a list of interrogation techniques to use and ask us for our legal opinion regarding whether or not each technique would be torture or other cruel, inhuman or degrading treatment.

10. Part B: Definitions (continued) Applying article 7 of the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, and the rulings of the European Court of Human Rights, advise on the legality of each of the following techniques:

11. B1.Incentive/Removal of Incentive In return for cooperation and truthfulness a suspect is provided luxuries candy, fruit, or cigarettes or provide a privilege he is otherwise not entitled to…

12. B1.Incentive/Removal of Incentive In return for cooperation and truthfulness a suspect is provided luxuries candy, fruit, or cigarettes or provide a privilege he is otherwise not entitled to…

13. Lack of cooperation or truthfulness will result in withdrawal of luxuries or privileges. Basic human needs for water and food are always provided. 1.Legal 2.Not legal Countdown 10

14. B2.Fear-Up (Harsh) A suspect’s fear prior to detention can be exploited. The fear may be justified (fear of punishment for murdering a soldier) or unjustified (fear from false enemy propaganda that he will be tortured when captured). Threats or coercion will not be used. The interrogator may not correct a suspect’s unjustified fear, leaving him with the false impression it may come true…

15. In taking this approach, the interrogator may behave in an overpowering manner, using a loud and threatening tone of voice. He may throw objects across the room without hitting the suspect. 1.Legal 2.Not legal Countdown 10

16. B3.Establish Your Identity: The suspect is falsely told that he has been identified as an infamous person wanted by higher authorities on serious criminal charges and is not the person he claims to be. In an effort to clear himself of the allegation the suspect is then likely to make a genuine and detailed effort to establish and substantiate his true identity. 1.Legal 2.Not legal Countdown 10

17. B4.False Flag. Convince the suspect he is being interrogated by officials from a country other than Diilsland. 1.Legal 2.Not legal Countdown 10

18. B5. Hooding. Blindfold the suspect during interrogation. 1.Legal 2.Not legal Countdown 10

19. B6.Mild Physical Contact: Lightly touch, lightly poke, or softly grab a suspect in a completely non-injurious manner. 1.Legal 2.Not legal Countdown 10

20. B7.Dietary Manipulation: Provide suspect only military field rations, but in nourishing amounts and meeting his cultural dietary restrictions. In each case, prior approval of either of the Chiefs is required and notification of the Minister of Justice or Minister of Defense. 1.Legal 2.Not legal Countdown 10

21. B8.Environmental Discomfort: During interrogations alter the environment to create moderate discomfort by changing the temperature or introduction of an unpleasant smell. Conditions must not injure the suspect. 1.Legal 2.Not legal Countdown 10

22. B9.Sleep Adjustment: Adjust the suspect's sleeping times. For example, reverse his sleeping cycle from night to day. This does not involve sleep deprivation. 1.Legal 2.Not legal Countdown 10

23. B10.Isolation: Isolate the detainee from other detainees for up to 30 days. Continue to meet basic standards of humane treatment. In each case prior approval of either the Chiefs is required and notification of the Minister of Justice or Minister of Defense. 1.Legal 2.Not legal Countdown 10

24. B11.Prolonged Interrogation: Use prolonged interrogations for a long period of time. For example: 20 hours of interrogations each day for a series of days. 1.Legal 2.Not legal Countdown 10

25. B12.Forced Grooming: Forced shaving of the suspect's hair and/or beard. 1.Legal 2.Not legal Countdown 10

26. B13.Stress Positions: Require the suspect to stand or use other similar positions for prolonged periods of time. Allow the suspect to rest briefly then awaken him repeatedly. Not to exceed 4 hours in a 24 hour period. 1.Legal 2.Not legal Countdown 10

27. B14.Removal of Clothing: Remove all clothing from the suspect. Ensure environmental conditions do not cause injury. 1.Legal 2.Not legal Countdown 10

28. B15.Exploit Individual Phobias: Introduce factors that create suspect anxiety but do not create terror or mental trauma. For example, have an attack dog present in the interrogation room without directly threatening action. 1.Legal 2.Not legal Countdown 10