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Wednesday, November 09, 2005

Loophole in US 'torture' policy

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Edited on Wed Nov-09-05 04:42 PM by cal04

US Defence Secretary Donald Rumsfeld can authorise exceptions to a new Defence Department policy on military interrogations that bars torture and calls for "humane" treatment of detainees, a spokesman said overnight. The new directive lays out broad policy governing interrogations of detainees in Department of Defence custody, but leaves the definition of "humane" to a separate, yet to be released directive that is still being debated within the administration. A little noticed loophole in the directive, which was made public yesterday, gives the secretary of defence or his deputy authority to override the policy.

"Intelligence interrogations will be conducted in accordance with applicable law, this directive and implementing plans, policies, orders, directives, and doctrine developed by DoD components and approved by USD (I), unless otherwise authorised, in writing, by the secretary of defence or deputy secretary of defence," the directive states. "USD (I)" refers to the undersecretary of defence for intelligence.

Bryan Whitman, a Pentagon spokesman, said there was nothing unusual about the caveat because a defence secretary always has the authority to change or modify policy he has made. "Any deviation from the policy would have to be approved," he told reporters. "The secretary can make an exception to any policy."

The language in the directive echoes a struggle between the White House and members of Congress over a proposed amendment to the defence spending bill that would ban outright "cruel, inhuman and degrading treatment of prisoners in the detention of the US government".

US Vice President Dick Cheney reportedly has pressed Senator John McCain, the amendment's sponsor, to exempt the CIA from the ban. The White House denied yesterday it is seeking an "exemption for torture" for the CIA, despite US President George W. Bush's threat to veto the legislation.

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