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This is what the Red Cross observes about diapering from its 2007 report on the treatment of CIA-held detainees. It’s fragmentary, and it appears not to be used as a technique by itself, but rather in conjunction with sleep-deprivation-by-stress-position. And Marcy, sleuth that she is, finds a reference to an undated, unsigned memo from the CIA’s Office of General Counsel "coordinated with and drafted in substantial part by OLC" that refers to "the use of diapers."
That could be the legal wellspring for the technique. I have some calls and emails out to see what I can confirm. Keep in mind, as Marcy notes, that footnote 27 on page 22 indicates that the memo was attached to some other document delivered to the IG’s office on June 16, 2003. That doesn’t settle the question of when the OLC/OGC memo was written — ambiguity is the whole point of an undated memo! But George Tenet issued guidelines for the use of "prolonged diapering" on January 28, 2003. Which came first: the authorization to use the technique or the legal justification for it? Remember, Condoleezza Rice in July 2002 approved waterboarding as a policy position before the OLC lent the technique its legal imprimatur.
And also, check out the language in that memo. It appears to be the basis for what’s in Tenet’s "standard" and "enhanced" torture categories.
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Kinda off topic kinda on topic, one of the incidents in the IG report that I thought was noteworthy but doesn’t seem to be getting much play is when supposedly an interrogator thought that Al-Nashiri’s shoulders were both dislocated when they tried to lift him up while he was in a stress position. In fact they say someone “had to intercede” when this took place. Is there any ancedotal evidence that he was injured from that incident? It certainly gives lie to the way Rumsfeld tried to pooh pooh stress positions.
By the way man you are doing an awesome job with this information!
I can answer that question. The authorization, of course. That’s true of every single illegal act of the former regime. It went like this.
Illegal wiretapping started in early Oct. 2001. ‘Legal’ justification came later (p. 11 of the IGs report on the PSP).
Illegal detention authorized by military order on November 13, 2001. Repudiation of Geneva Conventions followed in Jan/Feb 2002.
Torture started in Afghanistan by December 2001. ‘Legal’ justification came much later.
Waterboarding was done in August 2002, December 2002, and March 2003. ‘Legal’ justification for how it was actually practiced came via Ashcroft in July 29, 2003 and then the later Bradbury memos.
Renditions to other countries for the specific purpose of torture started in March 2002 (or thereabouts). ‘Legal’ justification came later.
Renditions from Iraq in direct violation of the Geneva Conventions were authorized in July 2003. ‘Legal’ justification came later in March 2004.
I could go on, but I think you get the idea…