"Someone must have traduced Joseph K. for without having done anything wrong he was arrested one fine morning." (Franz Kafka’s The Trial)
“These memos I wrote were not for public consumption. They lack a certain polish, I think.” (John Yoo, 3/4/09)
“With respect to the small confinement box [in which he cannot stand or sit], you have informed us that he would spend at most two hours in this box. You have informed us that your purpose in using these boxes is not to interfere with his senses or his personality, but to cause him physical discomfort that will encourage him to disclose critical information. Moreover, your imposition of time limitations on the use of either of the boxes also indicates that the use of these boxes is not designed or calculated to disrupt profoundly the senses or personality. For the larger box, in which he can both stand and sit, he may be placed in this box for up to eighteen hours at a time, while you have informed us that be will never spend more than an hour at [a] time in the smaller box. These time limits further ensure that no profound disruption of senses or personality, were it even possible, would result. As such, the use of the confinement boxes does not constitute a procedure calculated to disrupt profoundly the senses or personality.” (Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, from Jay S. Bybee, Assistant Attorney General, August 1, 2002.)
So we may put him in a coffin sized box for no more than one hour at a time, or perhaps no more than two hours at a time.
"In addition to using the confinement boxes alone, you also would like to introduce an insect into one of the boxes with Zubaydah. As we understand it, you plan to inform Zubaydah that you are going to place a stinging insect into the box, but you will actually place a harmless insect in the box, such as a caterpillar. If you do so, to ensure that you are outside the predicate act requirement, you must inform him that the insects will not have a sting that would produce death or severe pain. If, however, you were to place the insect in the box without informing him that you intend to do so, then in order to not commit a predicate act you should not lead him to believe that any insect is present which has a sting that could pain or severe suffering or even cause his death." (Bybee Memo)
It is permissible then to lead him to think that he is going to get stung and may suffer severely or even die from this sting, but we may not explicitly tell him this.
"As we understand it, when the waterboard is used, the subject's body responds as if the subject were drowning - even though the subject may be well aware that he is in fact not drowning. You have informed us that this procedure does not inflict actual physical harm. Thus, although the subject may experience the fear or panic associated with the feeling of drowning, the waterboard does not inflict physical pain. As we explained in the Section 2340A Memorandum, 'pain and suffering' as used in Section 2340 is best understood as a single concept, not distinct concepts of 'pain' as distinguished from 'suffering.' See Section 2340A Memorandum at 6 n3. The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view inflict 'severe pain or suffering.' Even if one were to parse the statute more finely to attempt to treat 'suffering' as a distinct concept, the waterboard could not be said to inflict severe suffering. The waterboard is simply a controlled acute episode, lacking the connotation of a protracted period of time generally given to suffering.” (Bybee Memo)
“The first level of torture employed by the Spanish Inquisition was the ‘water cure.’ Water was poured into the accused's open mouth. The linen cloth was washed into the opening of the throat, preventing the accused from spitting the water back out. The overwhelming sensation of drowning forced the accused to swallow the water. The rules of torture as written by Torquemada, a man whom historians have compared to Hitler, stipulated that no more than eight liters of water could be used in a single session.” (“Torquemada and the Spanish Inquisition” by Anthony Bruno)
“As you have explained the waterboard procedure to us, it creates in the subject the uncontrollable physiological sensation that the subject is drowning. Although the procedure will be monitored by personnel with medical training and extensive SERE school experience with this procedure who will ensure the subject's mental and physical safety, the subject is not aware of any of these precautions.” (Bybee Memo)
“A doctor observed her reactions and assessed her general condition. The mandates of the 15th Century Spanish Inquisition required the presence of a physician to monitor the health of the accused. The purpose of torture would be nullified if the accused was physically unable to hear and understand the proceedings. A confession, if it came, had to be a pure act, not the half-conscious ramblings of a mortally wounded sinner.” (“Torquemada and the Spanish Inquisition” by Anthony Bruno)
“We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past.” (Barack Obama, 4/16/09)