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CIAは許可した尋問の方法はすべて合法的であると主張
http://www.nytimes.com/2005/03/19/international/19intel.html?th
March 19, 2005
C.I.A. Says Approved Methods of Questioning Are All Legal
By DOUGLAS JEHL
WASHINGTON, March 18 - The Central Intelligence Agency said Friday that all interrogation techniques approved for use by agency personnel in questioning terrorism suspects were permissible under federal laws prohibiting torture.
"All approved interrogation techniques, both past and present, are lawful and do not constitute torture," the agency said in a statement.
The agency made the assertion a day after Porter J. Goss, the director of central intelligence, told Congress that all interrogation techniques used "at this time" were legal but declined, when asked, to make the same broad assertion about practices used over the past few years.
In the written statement, Jennifer Millerwise, the agency's director of public affairs, said, "C.I.A. policies on interrogation have always followed legal guidance from the Department of Justice."
"If an individual violates the policy, then he or she will be held accountable," the statement said.
One C.I.A. employee, David Passaro, is awaiting trial in federal court in North Carolina in connection with the death of a prisoner in Afghanistan whom he had interrogated. The Justice Department is reviewing at least three other cases in which prisoners died in American custody in Afghanistan or Iraq to determine whether C.I.A. employees should face criminal prosecution, according to American officials.
The statement by Ms. Millerwise focused on "approved interrogation techniques" and did not say whether all techniques actually used by C.I.A. employees in questioning suspected terrorists had been permissible under antitorture laws.
In her statement, Ms. Millerwise said that an article on the front page of The New York Times on Friday "creates the false impression that U.S. intelligence may have had a policy in the past of using torture against terrorists captured in the war on terror."
The article reported that Mr. Goss, in his testimony on Thursday before the Senate Armed Services Committee, had said he could not assure Congress that the C.I.A.'s methods of interrogating terrorism suspects at all times after Sept. 11, 2001, had been permissible under federal laws prohibiting torture.
The article reported that Mr. Goss had said in response to a question on Thursday that "at this time, there are no 'techniques,' if I could say that, that are being employed that are in any way against the law or would meet - would be considered torture or anything like that."
When Mr. Goss was asked several minutes later whether he could say the same about techniques employed by the agency since the 2001 attacks on the United States, the article said, Mr. Goss replied, "I am not able to tell you that." The article said that Mr. Goss had said he might be able to elaborate after the committee went into closed session to take classified testimony.
A legal opinion prepared by the Justice Department in August 2002 at the request of the C.I.A. defined torture narrowly, opening the way for agency employees to use a broad range of coercive interrogation techniques against suspected terrorists held in undisclosed locations around the world.
But the White House disavowed that opinion in the summer of 2004, after the abuses at Abu Ghraib prison in Iraq and the contents of the Justice Department memorandum came to light. A new legal opinion, issued by the Justice Department in December and made public shortly afterward, defined torture more broadly, thus limiting the range of interrogation techniques that could be considered legal.
The administration has not made public another Justice Department document, also issued in August 2002, that former government officials say provided legal authorization for the C.I.A. to use specific interrogation techniques more coercive than those permitted for use by the military or civilian law enforcement authorities.
In her written statement, e-mailed to reporters late Friday afternoon, Ms. Millerwise defended what she called "lawful interrogation of captured terrorists" as "a vital tool in saving American lives." She added, "It works and it is done with Congressional oversight, in keeping with American law."
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