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Profile: Diane E. Beaver

 
  

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Diane E. Beaver actively participated in the following events:

 
  

October 11, 2002      Torture in Iraq, Afghanistan and elsewhere

       Two days after Gen. Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel's (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lt. Col. Jerald Phifer, Director J2, sends a memo, to Maj. Gen. Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. The memo states: “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees' phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [Sources: DoD JTF-170 Memo from Lt. Col. Jerald Phifer to Maj. Gen. Michael E. Dunlavey, 10/11/2002] The request is prompted in part by military intelligence's belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al Khatani is a person in ... whom we have considerable interest,” Dell'Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him. ” [6/22/2004] The same day, a staff judge advocate, Lt. Col. Diane E. Beaver, reviews Phifer's proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, Gen. James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [Sources: DoD JTF-170 Memo from Lt. Col. Jerald Phifer to Maj. Gen. Michael E. Dunlavey, 10/11/2002]
People and organizations involved: Michael E. Dunlavey, Diane E. Beaver, Daniel J. Dell'Orto, James T. Hill, Rick Baccus, Mohamed al-Khatani
          

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