Originally posted at Firedoglake

The great novelist William Faulkner famously wrote, "The past is never dead. It's not even past."

With all the controversy over the use of Survival, Evasion, Escape, Resistance, or SERE, psychologists in the interrogation of "high-value detainees" -- most recently detailed in a fascinating melange of an article in last Sunday's Washington Post -- everyone seems to assume that terrible chapter is a thing of the past. Recent documentation that has come to my attention suggests otherwise.

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A new report documenting the torture of more than two-dozen former prisoners held at Bagram Air Base in Afghanistan between 2002 and 2008 comes several months after a bipartisan Congressional committee linked the murder of two detainees held at the same prison facility to policies enacted by George W. Bush and ex-Secretary of Defense Donald Rumsfeld.

The April report released by the Senate Armed Services Committee on the treatment of prisoners held in US custody in Iraq and Afghanistan concluded that a combination of various torture techniques coupled with a series of brutal beatings administered by military interrogators caused the deaths of the two prisoners in December 2002.

One of the detainees, identified in the report as Dilawar, was the subject of the Academy Award-winning documentary "Taxi to the Dark Side."

According to the Armed Services Committee report, another detainee identified as Habibullah was killed two days after Rumsfeld authorized the use of "enhanced interrogation" techniques against prisoners in Afghanistan. Dilawar was murdered six days after Habibullah was killed. The report labeled their deaths homicides.

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According to a RawStory article about an hour ago:

A report by the Senate Armed Services Committee released Tuesday night says that torture techniques used at Abu Ghraib prison and approved by officials in the George W. Bush administration were applied only after soliciting a “wish list” from interrogators.

President George W. Bush made a written determination that Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, did not apply to al Qaeda or Taliban detainees. This act, the committee found, cleared the way for a new interrogation program to be developed in-part based on “Chinese communist” tactics used against Americans during the Korean War, mainly to elicit false confessions for propaganda purposes.

“In mid-August 2003, an email from staff at Combined Joint Task Force
7 (CJTF-7) headquarters in Iraq requested that subordinate units provide input for a ‘wish list’ of interrogation techniques [to be used at Abu Ghraib], stated that ‘the gloves are coming off,’ and said ‘we want these detainees broken,’” the report found.

The report is available as a .pdf file from the Senate Armed Services Committee site, and opens with this extraordinary paragraph:

On February 7, 2002, President Bush signed a memorandum stating that the Third Geneva Convention did not apply to the conflict with al Qaeda and concluding that Taliban detainees were not entitled to prisoner of war status or the legal protections afforded by the Third Geneva Convention. The President’s order closed off application of Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, to al Qaeda or Taliban detainees. While the President’s order stated that, as “a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions,” the decision to replace well established military doctrine, i.e., legal compliance with the Geneva Conventions, with a policy subject to interpretation, impacted the treatment of detainees in U.S. custody.