"Cruel, Inhuman and Degrading Treatment by the United States Authorities" … BEFORE the Bybee Memo

As Bill Egnor has reported (and Jim White mentioned here) a court in the UK has forced the government to release a passage of an earlier court ruling that it had fought to suppress. Assuming the passage has been released in complete form, the key passage concludes that the sleep deprivation that Americans subjected Binyam Mohamed to while held incommunicado in Pakistan was “at the very least cruel, inhuman and degrading treatment by the United States authorities.”

Now, this revelation is critical not just because it shows British Courts concluding that, at the very least, the United States violated the Convention Against Torture. As Jim White notes in his diary on this, the US is now obligated by the Convention Against Torture to investigate this act.

But note two details of the passage.

It was reported that a new series of interviews was conducted by the United States authorities prior to 17 May 2002 as part of a new strategy designed by an expert interviewer. [my emphasis]

Mohamed was subjected to sleep deprivation, the British Government tells us, more than 75 days before the Bybee Two memo authorized such treatment.

And that abuse was inflicted by “an expert interviewer” implementing “a new strategy.”

That “expert interviewer” and that “new strategy” almost certainly were associated with Mitchell and Jessen, who were at that moment pitching using their “new strategy” with Abu Zubaydah.

So this is not just proof that the US was engaging in torture before they got their CYA memo authorizing such torture. But it was proof that they were using Mohamed, in addition to Abu Zubaydah, as guinea pigs to test out that torture.

This proves the entire myth told to explain the torture memos (and Abu Zubaydah’s treatment) to be a lie.

Updated with link to Jim White’s diary.

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Emptywheel Twitterverse
bmaz Hot Fussin. Been Killing it for hours. Only Claude Rains knew
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bmaz I saw Shawn Holley on the CN type of media tonight, and not in a way that brought any joy to my memory of Johnnie Cochran. RIP.
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bmaz Hot Fuss by the Killers is still one of the best albums, or whatever you kids want to call things these days, of the last decade.
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bmaz @foolintheforest The latter.
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bmaz @cnbintucson Indeed.
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bmaz @MasaccioFDL Wait, @rortybomb ?? I love that guy.
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bmaz @cnbintucson "think there is any danger to McCullough from DOJ investigation?" // None, sadly.
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emptywheel @theurbansherpa If only you knew anything about theater it would all make sense! ;p
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bmaz The Killers are, well, killer. Nuf said.
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bmaz I am not positive it is okay to borrow a term from @dcbigjohn but I'm a bit reckless. So don't fence me in Bama's https://t.co/qco4mgVEvM
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bmaz @MasaccioFDL You know, I actually believe in "the system" but have issues with gross perversions thereof. And we got that here. Hugely.
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emptywheel @LemonSlayerUS Take that back. Gun had blood on it on 8/19 (it looks like). DNA was run by 8/14.
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