Intelligence Conferees Adopt Nadler-Delahunt Anti-Torture Provision

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties and Congressman Bill Delahunt (MA-10), Chair of the Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight today lauded the inclusion of torture prohibitions in the House and Senate Conference Report on the Intelligence Authorization bill for 2008 (H. Rept. 110-478)

The conference report, filed on Thursday, includes language mirroring legislation authored by Nadler and Delahunt that would ensure a single, uniform, baseline standard for all interrogations conducted by the U.S. intelligence community.  By extending the Army Field Manual standards to the intelligence community, the conference report effectively outlaws waterboarding, a method of controlled drowning.

“America’s values and our respect for the rule of law must be reaffirmed,” said Rep. Nadler.  “Torture, including practices like waterboarding, violates the legal and moral standards of all civilized nations.  While the notion that torture works has been glorified in television shows and movies, the simple truth is this: torture has never been an effective interrogation method.  We must stand for the principles that define this nation and clarify in the law that we will not torture.”

“We need policies that reflect our respect for basic human rights. Waterboarding and other acts of torture are not only ineffective interrogation techniques but are contrary to American core values,” Rep. Delahunt said. “We must make it clear that the use of torture is wrong and will not be condoned.”

The Nadler-Delahunt bill, H.R. 4114, the American Anti-Torture Act of 2007, would extend the first part of the McCain Amendment, which requires the Department of Defense to comply with the interrogation standards set forth in the Army Field Manual, to all government agencies.  This would include the CIA – the agency reportedly responsible for carrying out the Administration’s “enhanced” or “alternate” interrogation program and for operating secret overseas prisons.   

At a recent hearing before Rep. Nadler’s Subcommittee on the Constitution, Civil Rights and Civil Liberties, expert interrogator Steve Kleinman, Col., US Air Force Reserve, testified that torture yields unreliable information and that the Army Field Manual provides sufficient guidance and leeway for effective interrogation.  Other military experts, including General David Petraeus, similarly have spoken against torture and in favor of the Army Field Manual’s standards of conduct.