Bagram: What Appendix M Says About Interrogation

Several readers have asked me to provide more information on the Army Field Manual's Appendix M, which sanctions a "restricted" interrogation technique, but which the D.I.A.'s interrogators are using, under secret orders, to employ harsher techniques. The Appendix is not classified. It applies to a category of detainees -- "unlawful combatants" -- that isn't terribly well-defined in current law. In theory, the Appendix's technique can only be applied to "specific unlawful enemy combatants for whom proper approvals have been granted in accordance with this appendix." But it appears as if this approval has been granted a priori and in secret.

And that's an issue, because detainees' official statuses aren't usually determined until AFTER they've passed through the D.I.A. facility.

That means that, so far as the D.I.A's interrogators and intelligence collectors are concerned, a lot of detainees can be given the Appendix M treatment.

I do not know whether interrogators regularly abuse prisoners. Whatever they are doing now is probably more humane than what they might have been doing five years ago. And the Secretary of Defense, Robert Gates, has been much more aggressive about prosecuting and punishing transgressors than his predecessor.

From what information I've been able to gather, the interrogation environment is much like a social science laboratory, with psychologists and experts in human behavior looking for clues to see who might know more than they do, alternating with interrogators trained to ferret out actionable intelligence information.

But there have been numerous, independent reports of abuses, and these claims have reached the White House. I do not know what the White House has done with these claims because no one there would tell me, not even off the record.

You can read the text of Appendix M after the jump. I would also commend readers to look at it online, in its full context. You will note that there is a line toward the end of the Appendix that says that "Use of separation must not preclude the detainee getting four hours
of continuous sleep every 24 hours."

This line is being interpreted liberally so as to sanction sleep deprivation, which is otherwise banned. Remember, once a detainee is given a status, they can't be subject to the "Separation" technique.

As part of the Army's efforts to gain actionable intelligence in the war on terrorism, HUMINT collectors may be authorized, in accordance with this appendix, to employ the separation interrogation technique, by exception, to meet unique and critical operational requirements. The purpose of separation
is to deny the detainee the opportunity to communicate with other detainees in order to keep him from learning counter-resistance techniques or
gathering new information to support a cover story; decreasing the detainee's
resistance to interrogation. Separation, further described in paragraphs M-2
and M-28, is the only restricted interrogation technique that may be
authorized for use. Separation will only be used during the interrogation of specific unlawful enemy combatants for whom proper approvals have been granted in accordance with this appendix. However, separation may not be
employed on detainees covered by Geneva Convention Relative to the
Treatment of Prisoners of War (GPW), primarily enemy prisoners of war
(EPWs). The separation technique will be used only at COCOM-approved
locations. Separation may be employed in combination with authorized interrogation approaches--
• On specific unlawful enemy combatants.
• To help overcome resistance and gain actionable intelligence.
• To safeguard US and coalition forces.
• To protect US interests. GENERAL
M-2. This appendix provides doctrinal guidance for the use of separation as an interrogation technique. Separation involves removing the detainee from other detainees and their environment, while still complying with the basic standards of humane treatment and prohibitions against torture or cruel,
inhuman, or degrading treatment or punishment, as defined in the Detainee
Treatment Act of 2005 and addressed in GPW Article 3 (Common Article III).
Separation is to be distinguished from segregation, which refers to removing
a detainee from other detainees and their environment for legitimate purposes unrelated to interrogation, such as when necessary for the
movement, health, safety and/or security of the detainee, or the detention
facility or its personnel. This appendix--
• Will be reviewed annually and may be amended or updated from time
to time to account for changes in doctrine, policy, or law, and to address
lessons learned.
• Is not a stand-alone doctrinal product and must be used in conjunction
with the main portion of this manual.


M-3. Careful consideration should be given prior to employing separation as
an interrogation technique in order to mitigate the risks associated with its
use. The use of separation should not be confused with the detainee-handling
techniques approved in Appendix D. Specifically, the use of segregation during prisoner handling (Search, Silence, Segregate, Speed, Safeguard, and
Tag [5 S's and a T]) should not be confused with the use of separation as a
restricted interrogation technique.
M-4. Members of all DOD Components are required to comply with the law of war during all armed conflicts, however such conflicts are characterized, and
in all other military operations. Proper application of separation as a
restricted interrogation technique in selective cases involving specific unlawful enemy combatants and in accordance with the safeguards outlined in this manual is consistent with the minimum humane standards of treatment required by US law, the law of war; and does not constitute cruel, inhuman, or degrading treatment or punishment as defined in the Detainee
Treatment Act of 2005 and addressed in GPW Common Article III.
M-5. Use of separation for interrogation is authorized by exception. Separation will be applied on a case-by-case basis when there is a good basis to believe that the detainee is likely to possess important intelligence and the
interrogation approach techniques provided in Chapter 8 are insufficient.
Separation should be used as part of a well-orchestrated strategy involving the innovative application of unrestricted approach techniques. Separation
requires special approval, judicious execution, special control measures, and
rigorous oversight.
M-6. Additionally, the use of separation as a restricted interrogation technique shall be conducted humanely in accordance with applicable law and policy. Applicable law and policy for purposes of this appendix include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee
Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The
Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. M-7. More stringent than normal safeguards must be applied when using the
separation technique. Use of separation is subject to USD(I) oversight. Compared to approach techniques, there are two additional steps in the approval process (see Figure M-l) for the use of the separation technique: • First, the COCOM Commander approves (after SJA review) use of the
separation technique in theater. • Second, following the COCOM Commander's approval, the first
General Officer/Flag Officer (GO/FO) in an interrogator's chain of
command approves each specific use of separation and the
interrogation plan that implements separation (this is non-delegable).
Interrogation supervisors shall have their servicing SJA review the
interrogation plan before submitting it to the GO/FO for approval.


M-8. The employment of separation requires notification, acknowledgment, and periodic review, in accordance with USD(I) Memorandum, "(S//NF)
Guidance for the Conduct and Oversight of Defense Human Intelligence (HUMINT) (U)," dated 14 December 2004. This means that after the
separation is approved for use by COCOMs, the I&WS must be notified as soon as practical. The Office of the Secretary of Defense will review these activities periodically in accordance with DOD Directive 3115.09.
M-9. The planning process for the employment of standard interrogation operations also applies to the employment of the separation technique (see Chapter 4).


RESPONSIBILITIES
M-10. Commanders of interrogation or detention facilities and forces
employing the approved separation technique are responsible for compliance with applicable law and policy. Commanders must understand that
separation poses a higher risk to the detainee than do standard techniques,
and so require strenuous oversight to avoid misapplication and potential
abuse.
M-11. The interrogation chain of command must coordinate the interrogation
plan with the detention operations commander. Close coordination must
occur between intelligence personnel and personnel responsible for detainee operations, including MP, security forces, Master at Arms, and other individuals providing security for detainees (hereafter referred to as guards). Guards do not conduct intelligence interrogations and, in accordance with
DOD Directive 3115.09, will not set the conditions for interrogations. Guards
may support interrogators as requested for detainee custody, control, escort,
and/or additional security (for example, for combative detainees), in accordance with paragraphs 5-57 through 5-66 and FM 3-19.40, JP 3-63, and
the approved interrogation plan.
M-12. The detention operations commander (in conjunction with the MI commander) may convene a multidiscipline custody and control oversight team including, but not limited to, MP, MI, BSC (if available), and legal
representatives. The team can advise and provide measures to ensure effective custody and control in compliance with applicable law and policy.
M-13. Commanders must consider the following when employing separation:
• Is separation directed against the appropriate individual and is it
necessary for collecting important intelligence?
• Does separation complement the overall interrogation strategy and
interrogation approach technique or techniques?
• Is the application of separation with the specific detainee at issue
consistent with humane treatment and in accordance with applicable
law and policy?
M-14. Planning for the use of separation requires coordination with staff
elements that provide support to interrogation operations. Staff elements that support interrogation facilities and forces employing separation will
comply with paragraphs 4-59 and 4-60 and all controls and safeguards
identified in paragraphs M-17 through M-26.
GENERAL CONTROLS AND SAFEGUARDS
HUMANE TREATMENT
M-15. All captured or detained personnel shall be treated humanely at all times and in accordance with DOD Directive 3115.09, "DOD Intelligence
Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD
Directive 2310.1E, "Department of Defense Detainee Program," and no person in the custody or under the control of the DOD, regardless of nationality or physical location, shall be subject to cruel, inhuman, or
degrading treatment or punishment as defined in US law, including the
or tactical questioning to gain intelligence from captured or detained
personnel shall be conducted in accordance with applicable law and policy.
M-16. Any inhumane treatment--including abusive practices, torture, or
cruel, inhuman, or degrading treatment or punishment as defined in US law, including the Detainee Treatment Act of 2005--is prohibited and all instances of such treatment will be reported immediately in accordance with paragraph 5-69 thru 5-72. Beyond being impermissible, these unlawful and
unauthorized forms of treatment are unproductive because they may yield unreliable results, damage subsequent collection efforts, and result in
extremely negative consequences at national and international levels. Review by the servicing SJA is required prior to using separation. Each interrogation plan must include specific safeguards to be followed: limits on duration,
interval between applications, and termination criteria. Medical personnel
will be available to respond in the event a medical emergency occurs. FM 2-22.3 REQUIREMENTS
M-17. Separation must be employed in accordance with the standards in this manual. These standards include the following: • Prohibitions against abusive and unlawful actions (see para 5-75) and
against the employment of military working dogs in the conduct of
interrogation (see paras 5-59 and 8-2).
• Requirement for non-DOD agencies to observe the same standards for
the conduct of interrogation operations and treatment of detainees
when in DOD facilities (see para 5-55). • Prohibition on guards conducting intelligence interrogations or taking any actions to set the conditions for interrogations. Humane treatment,
evacuation, custody and control (reception, processing, administration, internment, and safety) of detainees; force protection; and the
operation of the internment facility are discussed in paragraphs 5-57
through 5-66. (FM 3-19 .40 and JP 3-63 also thoroughly discuss
detainee operations.) • Assignment of ISNs to all detainees in DOD control, whether or not
interrogation has commenced, as soon as possible; normally within 14
days of capture. (See AR 190-8 and Secretary of Defense Memorandum
dated 20 September 2005, "(S//NF) Policy on Assigning Detainee
Internment Serial Numbers (ISN)(U)."
• Access to detainees by the ICRC.
REPORTING OF ABUSES AND SUSPECTED ABUSES
M-18. As an interrogation technique, separation is particularly sensitive due
to the possibility that it could be perceived as an impermissible act.
Interrogators applying the separation technique and the chain of command
supervising must be acutely sensitive to the application of the technique to ensure that the line between permissible or lawful actions and impermissible
or unlawful actions is distinct and maintained. Therefore, HUMINT
collectors should have heightened awareness and understanding of the risks, control measures, and safeguards associated with the use of separation. Any
interrogation technique that appears to be cruel, inhuman, or degrading as defined in US law; or impermissibly coercive, or is not listed in this manual,
is prohibited and should be reported immediately to the chain of command or other appropriate channels for resolution. Orders given to treat detainees
inhumanely are unlawful. Every interrogator must know how to respond to orders that the individual interrogator perceives to be unlawful (see paras 5-80 through 5-82).
M-19. If the order is a lawful order, it should be obeyed. Failure to obey a lawful order is an offense under the UCMJ. COMMAND POLICY AND OPERATION ORDERS
M-20. The provisions of this appendix must be written into COCOM policy
and/or OPORDs when using the restricted interrogation technique of separation.
MEDICAL
M-21. Commanders are responsible to ensure that detainees undergoing separation during interrogation receive adequate health care as described in
greater detail in paragraph 5-91.
TRAINING AND CERTIFICATION M-22. Only those DOD interrogators who have been trained and certified by
the United States Army Intelligence Center (USAIC), or other Defense HUMINT Management Office (DHMO) designated agency, in accordance with guidance established by USD(I) to use separation, are authorized to employ this technique. The training must meet certification standards established by the Defense HUMINT Manager in coordination with applicable DOD components. Properly trained and certified contract interrogators are authorized to initiate interrogation plans that request the use separation, and, once the plan is approved, to employ the technique in
accordance with the provisions of this appendix and Appendix K. Contract
interrogators will always be utilized under the supervision and control of US government or military personnel (see para K-19 and K- 20). Non-DOD
personnel conducting interrogations in DOD facilities must be certified by
their agency and separately gain approval (through their agency's chain of
command) for the additional technique described in this appendix. They must
present this written certification and agency approval to the COCOM before use is permitted (see para 5-55).
PLANNING
M-23. Planning for the use of separation must include--
• An interrogation plan that addresses safeguards, limits of duration,
interval between applications, termination criteria, and presence of
qualified medical personnel for emergencies (see Figure M-2). • A provision for detainees to be checked periodically in accordance with
command health care directives, guidance, and SOPs applicable to all
detainees. • A legal review.• Documentation of the use of separation, including photographs and/or
videotaping, if appropriate and available (see para 5-54).
M-24. Separation is only authorized for use in interrogation operations, not for other Military Source Operations. Separation may be approved for use in
combination with authorized approach techniques. General controls and
safeguards contained in this manual must be applied during the use
separation, in conjunction with the safeguards specific to the separation technique. Planning must consider the possible cumulative effect of using multiple techniques and take into account the age, sex, and
health of detainees, as appropriate.
TECHNICAL CONTROL
M-25. Requests for approval of separation will be forwarded (for information
purposes only) via secure means through intelligence technical channels at the same time as they are sent through command channels. Intelligence
technical channels are those used for forwarding of source information and
technical parameters of collection operations from lower to higher and
passing tasking specifics, source information, technical control measures, and other sensitive information from higher to lower. The technical chain extends
from the HCT through the OMT and Operations Section (if one exists) to the
C/J/G/S2X.
APPLICATION OF SEPARATION TECHNIQUE
M-26. The purpose of separation is to deny the detainee the opportunity to
communicate with other detainees in order to keep him from learning counter-resistance techniques or gathering new information to support a cover story, decreasing the detainee's resistance to interrogation. Separation does not constitute sensory deprivation, which is prohibited. For the purposes of this manual, sensory deprivation is defined as an arranged situation causing significant psychological distress due to a prolonged absence, or significant reduction, of the usual external stimuli and perceptual opportunities. Sensory deprivation may result in extreme anxiety, hallucinations, bizarre thoughts, depression, and anti-social behavior. Detainees will not be subjected to sensory deprivation.
M-27. Physical separation is the best and preferred method of separation. As
a last resort, when physical separation of detainees is not feasible, goggles or
blindfolds and earmuffs may be utilized as a field expedient method to generate a perception of separation.
M-28. Objectives:
• Physical Separation: Prevent the detainee from communicating with
other detainees (which might increase the detainee's resistance to
interrogation) and foster a feeling of futility. • Field Expedient Separation: Prolong the shock of capture. Prevent the
detainee from communicating with other detainees (which might
increase the detainee's resistance to interrogation) and foster a feeling
of futility.
_________________________________________________________________________________FM 2-22.3
6 September 2006 M-9
M-29. Safeguards:
• Duration: Self-explanatory.
• Physical Separation: Limited to 30 days of initial duration.
• Field Expedient Separation: Limited to 12 hours of initial
duration at the initial interrogation site. This limit on duration does
not include the time that goggles or blindfolds and earmuffs are used
on detainees for security purposes during transit and evacuation.
• Oversight Considerations for Field Expedient Separation:
􀂃 The intended use of field expedient means of separation must be
specified on the interrogation plan that is submitted to the GO/FO for approval. 􀂃 Detainees must be protected from self-injury when field expedient means of separation are used. The effect of the application of field expedient separation means on the detainee must be monitored to detect any possible health concerns.
M-30. The following safeguards apply to both Physical Separation and Field
Expedient Separation.
• Break: Additional periods of separation will not be applied without the approving GO/FO's determination of the length of a break between
iterations.
• Extension: 􀂃 Physical Separation Method: Extensions of this technique past 30
days must be reviewed by the servicing SJA and approved by the original approving GO/FO or his replacement in that position. 􀂃 Field Expedient Method: Extensions past 12 hours of initial
duration at the initial interrogation site must be reviewed by the
servicing SJA and approved by the original approving/replacement
GO/FO.
􀂃 Medical: Detainees will be checked periodically in accordance with
command health care directives, guidance, and SOPs applicable to all detainees.
􀂃 Custody and Control: The interrogation chain of command must
coordinate the interrogation plan with the Detention Operations Commander. The Detention Operations Commander (in conjunction
with the MI commander) may convene a multidiscipline custody and control oversight team including, but not limited to, MP, MI, BSC (if available), and legal representatives. The team can advise and provide measures to ensure effective custody and control in compliance with the requirements of applicable law and policy. • Oversight Considerations:
􀂃 Use of hoods (sacks) over the head, or of duct tape or adhesive tape over the eyes, as a separation method is prohibited. 􀂃 If separation has been approved, and the interrogator subsequently
determines that there may be a problem, the interrogator should
seek further guidance through the chain of command before applying
the technique.

22.3_________________________________________________________________________________ M-10 6 September 2006
􀂃 Care should be taken to protect the detainee from exposure (in accordance with all appropriate standards addressing excessive or inadequate environmental conditions) to--
− Excessive noise.
− Excessive dampness.
− Excessive or inadequate heat, light, or ventilation. − Inadequate bedding and blankets.
− Interrogation activity leadership will periodically monitor the application of this technique.
􀂃 Use of separation must not preclude the detainee getting four hours
of continuous sleep every 24 hours.
􀂃 Oversight should account for moving a detainee from one
environment to another (thus a different location) or arrangements
to modify the environment within the same location in accordance
with the approved interrogation plan. M-31. Suggested Approach Combinations:
• Futility.
• Incentive.
• Fear Up.

Presented by

Marc Ambinder is an Atlantic contributing editor. He is also a senior contributor at Defense One, a contributing editor at GQ, and a regular contributor at The Week.

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