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Dossier: terrorismo e libertà costituzionali
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Sei in: Dossier: terrorismo e libertà costituzionali / Documenti sugli interrogatori dei prigionieri
Bush Administration Documents on Interrogation
The following is a summary of White House, Pentagon and
Justice Department documents about interrogation policies. The
documents were released by the Bush administration on June 22.
All files are presented as PDF files, which require the Adobe
Acrobat Reader, and may require high-speed Internet
connections to download.
Jan. 22, 2002: Justice Department
Memo to the White House and Pentagon Counsels (3.3MB)
A 37-page memo written by Assistant Attorney General Jay S. Bybee
and addressed to White House counsel Alberto R. Gonzales and the
Pentagon's general counsel, William J. Haynes II. Bybee argued
that that the War Crimes Act and the Geneva Convention did not
apply to al Qaeda prisoners and that President Bush had
constitutional authority to "suspend our treaty obligations
toward Afghanistan" because it was a "failed
state." Bybee, then head of the Justice Department's Office
of Legal Counsel, has since become a federal judge.
Feb.
1, 2002: Letter to President Bush From the Attorney General
The memo by Attorney General John D. Ashcroft summarized the
Justice Department's position on why the Geneva Convention did
not apply to al Qaeda and Taliban detainees. The memo was
Ashcroft's personal response to the State Department position
that, as a matter of law, the Geneva Conventions protected
Taliban soldiers. Ashcroft warned that if the president sided
with the State Department, American officials might wind up going
to jail for violating U.S. and international laws.
Feb.
7, 2002: Justice Department Memo to the White House Counsel
A memo written by Jay S. Bybee, then head of the Justice
Department's Office of Legal Counsel, advised White House counsel
Alberto R. Gonzales that the president had "reasonable
factual grounds" to determine that Taliban fighters captured
in Afghanistan were not entitled to prisoner of war status.
Feb.
7, 2002: Memo Signed by President Bush
Bush's presidential memorandum to members of his national
security team said he believed he had "the authority under
the Constitution" to deny protections of the Geneva
Conventions to combatants picked up during the war in
Afghanistan, but that he would "decline to exercise that
authority at this time." The memo settled the dispute
between the State and Justice departments over the issue.
Aug.
1, 2002: Justice Department Memo to the White House Counsel
A memo to White House counsel Alberto R. Gonzales from Jay S.
Bybee of the Justice Department's Office of Legal Counsel
concluded that techniques used to interrogate al Qaeda operatives
would not violate a 1984 international treaty prohibiting
torture. Bybee also concluded that the interrogation of al Qaeda
members was outside the jurisdiction of the International
Criminal Court, but warned that a "rogue prosecutor"
could choose to investigate U.S. interrogation techniques because
the international court "is not checked by any other
international body, not to mention any democratically-elected or
accountable one."
Aug.
1, 2002: Justice Department Memo to the White House Counsel
(2.7MB)
The memo from Jay S. Bybee, head of the Justice Department's
Office of Legal Counsel, to White House counsel Alberto R.
Gonzales found that torturing terrorism suspects might be legally
defensible. Bush administration officials said on June 22, 2004
-- when the document was publicly released -- that the memo's
conclusions were overbroad and would be rewritten.
Dec.
2, 2002: Defense Department Memo Regarding
"Counter-Resistance Techniques" (780KB)
A memo written by the Pentagon's general counsel, William J.
Haynes II, on Nov. 27 and approved by Defense Secretary Donald H.
Rumsfeld on Dec. 2 summarized specific interrogation techniques
that could be used at the U.S. detention facility at Guantanamo
Bay, Cuba; this document also includes a series of related memos
on interrogation techniques.
A related one-page
summary document issued to reporters by Bush aides on
June 22, 2004, reviewed which specific techniques were approved
and used.
Jan.
15, 2003: Rumsfeld Memo to the Head of U.S. Southern Command
Defense Secretary Donald H. Rumsfeld's memo rescinded his
approval for some interrogation techniques for Guantanamo Bay.
The memo allowed commanders to seek Rumsfeld's direct approval to
use the tougher techniques if they are "warranted in an
individual case" but would require a "thorough
justification."
Jan.
15, 2003: Rumsfeld Memo to the Pentagon Counsel
The defense secretary's memo to William J. Haynes II, the
Pentagon's general counsel, asked Haynes to convene a working
group to examine all aspects of interrogation policies. The memo
also was referenced in Rumsfeld's memo to the head of U.S.
Southern Command dated the same day.
April
4, 2003: Report of the Pentagon Working Group (6.7MB)
The 85-page report requested by Defense Secretary Donald H.
Rumsfeld in January reviewed "legal, historical, police and
operational considerations" and made recommendations to the
Pentagon on what techniques should be approved.
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