(2013) Recommendations

(1) Regardless of political party, the leaders of this country should acknowledge that the authorization and practice of torture and cruelty after September 11 was a grave error,
and take the steps necessary to ensure that it cannot be repeated. Torture and “cruel, inhuman, or degrading treatment” are incompatible not only with U.S. law, but with the country’s founding values. No government can be trusted with the power to inflict torment on captives.

(2) U.S. intelligence professionals and service members in harm’s way need clear orders on the treatment of detainees, requiring, at a minimum, compliance with Common Article 3 of the Geneva Conventions. Civilian leaders and military commanders have an affirmative responsibility to ensure that their subordinates comply with the laws of war.

(3) Congress and the president should strengthen the criminal prohibitions against torture and cruel, inhuman, or degrading treatment by:
a. amending the Torture Statute and War Crimes Act’s definition of “torture” to mean “an intentional act committed by a person acting under the color of law that inflicts severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control.”
b. amending the War Crimes Act’s definition of “cruel, inhuman and degrading treatment” to make clear that cruel and inhuman treatment of detainees is a federal crime even if it falls short of torture and regardless of the location or circumstances
in which detainees are held or the state’s interest in obtaining information from detainees.’’
c. amending the Uniform Code of Military Justice to define specific offenses of torture, cruel and inhuman treatment, and war crimes, whose definitions and sentences track
those in the U.S. Code.

Finding #3
There is no firm or persuasive evidence that the widespread use
of harsh interrogation techniques by U.S. forces produced significant information of value. There is substantial evidence that much of the information adduced from the use of such
techniques was not useful or reliable