More Interrogation Tapes Still To Be Found

recently learned that the Department of Defense has been conducting a review of the videotaping of interrogations at military facilities from Iraq to Guantánamo Bay, and the Department reportedly has identified some 50 tapes. I’m disappointed, however, to learn that the Defense Intelligence Agency claims to have routinely destroyed tapes of interrogations conducted in the past seven years.

A recent study, "Captured on Tape: Interrogation and Videotaping of Detainees in Guantánamo," by Professor Mark Denbeaux and his colleagues, used publicly available documents to show that more than 24,000 interrogations have been conducted at Guantánamo since 2002 and that every one of these interrogations was videotaped by the government. Meticulous logs were kept of information related to interrogations at Guantánamo, so it should be possible to identify how many videotapes still exist and how many have been destroyed.

I hope you agree that no further tapes should be destroyed, and I request that you take appropriate steps to guarantee the preservation of all interrogation tapes in the Department’s effective control, as well as any transcripts or documents related to the interrogations that may exist. These tapes and documents will likely be relevant both to the adjudication of the status of detainees and to congressional oversight of the treatment of detainees.

I ask that you inform me of the number of tapes in the possession of the Department of Defense and your plans for preserving them. I also ask that you preserve any transcripts of interrogations and any records relevant to tapes that may have been destroyed. Please inform me of the existence of such transcripts and records and of the specific steps you will take to preserve them. I also ask that you provide a report on all interrogation tapes the Department is aware of that have been destroyed or are no longer accessible.

I’m sure you recognize the special importance of the questions raised by the interrogation videotapes and the need for Congress to obtain complete information, so that it can perform its constitutional oversight and legislative responsibilities.

there is another high level Governmental report which confirms the use of video recording of interrogations in Iraq and Afghanistan. Because our report focuses rather exclusively upon video recordings in Guantanamo, and we found this other report very late in the process, the information appears only as a footnote therein used to support the use of video recording of interrogations as an overall Govermental Policy.

On July 21, 2004 the Inspector General of The Army issued a wide ranging report on Detainee Operations titled "Detainee Operations Inspection."

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I would submit that the above Finding of the Department of the Army Inspector General substantiates two important points: 1) It expressly states that in Iraq and Afghanistan, as of July 21, 2004, video recording of interrogations occurred in at least "2 detainee facilities," "1 in Afghanistan and 1 in Iraq;" and 2) After July 21, 2004, interrogations which were not videotaped, were not videotaped contrary to the express and offical recommendation of the Inspector General of the Army and the Secretary of the Army who expressly approved such findings.

Importantly, as the Inspector General found, video recording of Interrogations "provides a permanent record of the encounter that can be reviewed to improve the accuracy of intelligence collection."