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2009 Classification Guidance for CIA High Value Detainees Information

Aug. 15 2016 — 3:46p.m.

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CO6579389 (HI/rpm CLASSIFICATION GUIDANCE FOR CIA HIGH VALUE DETAINEE INFORMATION (Ill/?0146) The classi?ed information cOntrolled by CIA relates to the HVD Rendition, Detention and Interrogation Program (called the RDI or HVD Program interchangeably throughout). CIA national security information on the above topics can only be declassi?ed by the President of the United States, the Director of National Intelligence, the Director of CIA, or a CIA Information Review Of?cer with delegated authority. For instance, leaked documents, statements of former intelligence Of?cers, or reports by senior of?cials of other agencies cannot declassify CIA information. Reports in the press, even those sourced to knowledgeable intelligence of?cials, do not constitute an of?cial declassi?cation. The release of the four OLC memos in Apr] 2009 was a one-time- discretionary release by the President. Additional memos and the CIA Inspector General?s (IG) Special Review were released for a Freedom of Information Act litigation. Only this information has been declassi?ed at this time, along'with prior Presidential or declassi?cations, most notably when former President Bush acknowledged the HVDs who had been in program on September 6, 2006 as they were transferred to Guantanamo Bay Naval Station for prosecution, and the January 2008 declassi?cation of the three named HVDs who were waterboarded. Apart ?'om these limited releases, however, what is now declassi?ed is often a matter of interpretation in which classi?cation determinations often turn on subtle nuances and carefully parsed distinctions. Therefore, the following is not an exhaustive or complete list of all categories of declassi?ed information on the RDI Program, but is meant to provide a general overview and to inform. ?ll/F?g} Declassi?ed Information Relating to the RDI Program (ti/@006) On April 16, 2009, President Ohm declassi?ed redacted versions of four Office of Legal Counsel memos from August 1, 2002, May 10, 2005 (two memos) and May 30, 2005. These memos released the number of enhanced interrogation techniques (EITs) approved for use at those points in time and gave detailed descriptions of the techniques. More details about the CIA Proram emerged in the CIA Inspector 1 (U1750513) One example is the International Committee of the Red Cross (ICRC) report leaked to the New York Review of Books in early 2009. Although not classi?ed by a US Intelligence Community agency, it is con?dential and the information contained in it may not be used by HVD defense attorneys to con?rm information that would otherwise be classi?ed when coming from the detainees themselves. (W3) NatSecAct SEW

CO6579389 SECRE ORN General?s 2004 Special Review, and in three additional OLC memos from 2006 and 2007 that the White House released on 24 August 2009. . The August 2002 memo listed 10 techniques that could be applied to a named prisoner, Zayn al Abidin Muhammad Husayn aka Abu Zubaydah, who was the ?rsthigh level prisoner in CIA custody. The 2005 memos released the maximum number of techniques (13 techniques in May 2005), the names and descriptions of all techniques approved for use at that time, and speci?ed how they could be used. The Later OLC memos released the decreasing number of techniques approved for use at each point in time, and the 2007 memo put the total number of detainees that had been in the CIA program, at _97. Various OLC memos have stated that CIA Of?ce of Medical Service doctors and monitored detainees? health during the application of coercive techniques, including waterboarding, but that medical personnel did not participate in any interrogations themselves. The 30 May 2005 memo released the fact that Abu Zubaydah had been waterboarded 83 times during the most aggressive phase of his interrogation, August 2002, and that Khalid Shaykh Muhammad had been waterbOarded 183 times in March 2003. Both numbers are from the CIA 10 report on detainee interrogations, dated 7 May 2004, which was declassi?ed for a OIA litigation on 24 August 2009. Information gleaned from HVD interrogations is mentioned in the 2005 memos and detailed in two Directorate of Intelligence papers on detainee reporting also released in August 2009 i? for example, that Abu Zubaydah and KSM provided information about numerous plots; that their information led to the capture of other andthat information combined from detainee interrogations was analyzed and cross-checked, leading to the con?rmation of more information and plots ?om other HVDs. The May 2005 m?emos note that as of 2004, over 6,000 reports had been gleaned from HVD information. As of 2008, the number had risen to over, 8,000 intelligence reports, which were provided to the SSCI in unredacted form in May 2009. - Fermer President Bush armouncod on September 6, 2006 that 14 HVDs formerly custody had been transferred to DOD custody at Guantanamo for prosecution. The transfers of two additional HVDs, Abd al-Hadi al?Iraqi and Muhammad Rahim were publicly announced in April 2007 and March 2008 respectively. Ahmed SEW 2

c06579389 SW Khalfan Ghailani was transferred from Guantanamo to federal custody in New York for trial on 9 June 2009. Other information that is unclassi?ed or has been declassi?ed: - General allegations of torture by HVDs, unless such allegations reveal speci?c details about enhanced interrogation techniques, the identities or descriptions of personiiel or Speculation about foreign locations NatSecAct The fact that fewer than 100 detainees have been in the CIA program and that less than two-thirds experienced enhanced interrogation techniques. 0 The fact that the waterboarding interrogation technique was used only against the following three detainees: Abu Zubaydah, Khalid Sheikh Muhammad, and Abd al?Rahim al?Nashiri, and has not been used since mid?2003. Information Relating to the RBI Program that Remains Classi?ed The OLC memos did not release: 0 The names or identities of any HVDs other than Abu Zubaydah and KSM against whom interrogation techniques had been applied. 0 Details of the speci?c application of any techniques to named detainees, including Abu Zubaydah and KSM. The 2002 memo was written in anticipation of using coercive techniques against Abu Zubaydah .when he did not cooperate with less coercive means of questioning. (W) Other information that remains classi?ed:- 0 The names or identities of any detainees other than the 1.6 HVDs publicly identi?ed by former President Bush. 0 The locations of or information about the operation of any overseas detention facilities. . . NatSecAct - The names, pseudonyms, descriptions, or identities of any CIA personnel or contractors involved in the High Value Detainee Program. 5W1 3

CO6579389 (bin) NatSecAct Details'of'tr'eatr?nentof detaineeswhile inClAl SE FORN (bX?l?l- - ., NatSeeActm Any information about any i cooperation with the CIA in administering or hosting any aspect of the R151_l5rograrn, including the names of individuals, identities of, or any other details regarding such foreigni Palmers- - NatSecAct Any information about the capture and transfer of individual detaineesL land the length and location of trips. Conditions of con?nement of individual detainees. lbw) . NatSecAct custody. - Any information about interrogation techniques as applied to individual detainees except the fact that the three named HVDs were waterboarded. NatSecAct Information about questions, answers, and requirements used in CIA interrogation and debrie?ng sessions. Other Classi?ed Information Not Relating to the RDI All information that is not speci?c to the RDI Program, but is otherwise classi?able under applicable Executive Orders including intelligence sources, methods, and activities. SW 4

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