Showing posts with label Gerald Koocher. Show all posts
Showing posts with label Gerald Koocher. Show all posts

Wednesday, September 19, 2012

Ethics Process Fails at APA, Psychologists Demand Review

Two psychologists with the Coalition for an Ethical Psychology have written an open letter to current American Psychological Association (APA) President Suzanne Bennett Johnson. The letter excoriates the APA Ethics Office for refusing to censure blatant cases of psychologist involvement in torture or other related crimes.

Doctors Steven Reisner and Trudy Bond review three cases that were brought to APA on charges of ethics violations -- Michael Gelles, John Leso, and Larry James. The letter is reprinted below, reproduced from its online posting here.

I was pleased to see that some of my own investigations into psychologist involvement in torture were referenced by Reisner and Bond, in particular my work on the Daniel King-Michael Gelles case.

APA Confirms It Exonerated Gelles

On August 8, 2010 I received an email from APA Communications Director Rhea Farberman. I had written to her after I'd seen a copy of an unpublished letter she had written to USA Today. According to Farberman, she had written to the paper because they were going to publish an op-ed by attorney Jonathan Turley on Gelles and the Daniel King case. She "wanted to let the USA Today editorial page staff know that at least one of Mr. Turley’s assertions was incorrect." The op-ed was subsequently cancelled.

While Reisner and Bond state in their Open Letter (italics in original): "The Ethics Committee apparently found that Dr. Gelles’ behavior did not violate APA ethics," Farberman confirmed she had written the letter to USA Today, and told me in the August 8 email (bold emphasis in original): "APA did investigate the allegations against Dr. Gelles and found no violations of the APA ethics code."

In the unpublished letter by Farberman to USA Today, written after the 2009 summer APA convention, where former King attorney Jonathan Turley had spoken about the King case and Gelles, the APA Communications Director wrote:
• Mr. Turley asserts that APA ignored his complaint. That is totally untrue. In April of 2001 a complaint was filed against an APA member, Dr. Michael Gelles. As a result of this complaint, filed by Mr. Turley, an ethics investigation was initiated and a formal ethics case was opened.

• Material relevant to the investigation was provided to APA by Mr. Turley who as the complainant’s representative received correspondence from the Ethics Office regarding this case.

• The complainant was provided multiple opportunities to submit information. Materials submitted by Mr. Turley included a videotape which was part of the record and thoroughly reviewed. According to APA’s procedures, the record also included Dr. Gelles’ responses to the charges against him.

• The full APA Ethics Committee reviewed the case and, on the basis of all the facts in the record, including materials provided by Mr. Turley and Dr. Gelles’ responses, determined that there had been no violation of the APA Ethics Code. On September 26, 2002, the APA Ethics Office informed the complainant through Mr. Turley of the final outcome of this matter.
I tried on multiple occasions to get comment from Turley, but he never responded to requests. Nevertheless, another of King's attorney's did speak to me, and revealed that not long after the Gelles interview, Daniel King made a suicide attempt or gesture. I wrote up this interview with former JAG Robert A. Bailey in a follow-up article to my first King-Gelles story, Broken Faith: How a Navy Psychologist Drove A U.S. Prisoner to Attempt Suicide.

I followed up the Aug. 8 email and asked Farberman if APA could "verify if the ethics investigation also contacted Daniel King's military JAG attorneys, Lieutenant Robert Bailey or Lieutenant Matthew Freedus, or reviewed their testimony to the Senate Intelligence committee as part of the ethics investigation?" I also asked if APA would share the video of the King interrogation, if they had a copy.

Farberman refused to make further comment. "We will not be releasing any further materials related to the investigation and review of Mr. Turley’s allegations against Dr. Gelles beyond what I have already told you," she said in her email response.

Actually, what Farberman confirms is far worse than what Turley originally claimed. He said that APA ignored the ethics charge. Farberman insists the charges were investigated but APA found Gelles did nothing wrong. What that means is that from APA's standpoint, misrepresentation of roles, lying, and participation in an abusive interrogation, using sleep deprivation on a prisoner, is totally fine with APA, and such behavior doesn't even merit the most minor of rebukes. (For more details on the King case, see the link above.)

I'd add that I also wrote on the role Col. Larry James played in supervising the rendition of child prisoners from Afghanistan to Guantanamo. See Guantanamo Psychologist Led Rendition and Imprisonment of Afghan Boys, Complaint Charges. As one example of James' crime we have the testimony of Mohammed Ismail Agha, age 13, who told the Washington Post, he was "put on a plane with other prisoners, chained by the wrists and ankles, with a hood placed over his head." None of the parents of these children were informed what had happened to their sons.

We all owe a debt of gratitude to psychologists Steven Reisner and Trudy Bond, and other psychologists and medical professionals who have tried to stand up and get their professional associations, and the members of same, to be accountable. It is surely a dark, dark stain on the history of the helping professions to see them twisted into their exact opposites, agencies of cruelty and despair.

What follows is the text of the Open Letter. All italics were in the original.
Open Letter to
President Suzanne Bennett Johnson
American Psychological Association

A.P.A. has taken a very strong stance against the use of torture, inhumane, and degrading treatment, and if anyone is able to identify A.P.A. members who have been involved in such activities, we will take disciplinary action.
-- Gerald Koocher, former APA President, speaking on Democracy Now! (June 16, 2006)

September 18, 2012

Dear Dr. Johnson:

We are two psychologists committed to making certain that psychologists implicated in torture and prisoner abuse are held accountable by oversight bodies for their egregious ethical violations. We believe the public trust and the reputation of our profession depend upon such accountability.

We are writing at this time regarding ethics complaints filed with the APA Ethics Office against three psychologists who remain APA members in good standing: Dr. Michael Gelles, Dr. Larry James and Dr. John Francis Leso. Based on undisputed facts, these cases cry out for investigation and appropriate censure. We would like to briefly review some of the evidence for these complaints and express our concern with regard to the status of each complaint.

Attorney Jonathan Turley filed a complaint with the APA Ethics Office in 2001 against Dr. Michael Gelles for alleged complicity in the harsh treatment of US Naval Officer Daniel King, who had been accused of espionage.[i] [ii] King was held for 520 days without charge by the Navy Criminal Investigative Service (NCIS) and interrogated for 29 days in 15-20 hour sessions. During this period, Navy investigators gave King multiple polygraph tests and lied to him about the results. By the end of the month, King had signed a confession despite having no recollection of the actions to which he admitted. Prior to his military hearing, King had become suicidal and felt he was losing his grip on reality, since he could not remember the event. He requested a consultation with a psychologist to help him remember, via hypnosis or truth serum, and King was sent to Dr. Gelles for a psychological consultation.[iii] [iv] [v] According to testimony of King’s defense attorney before the Senate Intelligence Committee, “Gelles virtually ignored the statement of King that he had suicidal thoughts…two days before the interview.”[vi] He focused instead on pressuring King to give the agents “corroborating” evidence, offering to hypnotize King if he did so. These allegations are supported by the videotape of Dr. Gelles’ session with King (made by NCIS without consent) which was provided by Turley to the Ethics Committee. (Ultimately, all charges against King were dismissed when a military judge concluded there was insufficient evidence even to sustain a determination of probable cause.[vii])

The Ethics Committee apparently found that Dr. Gelles’ behavior did not violate APA ethics; in fact, subsequent to this case, Dr. Gelles was chosen by the Director of the Ethics Office to sit on the PENS Task Force and help develop ethical guidelines for national security interrogations.

On December 5, 2007, Dr. Trudy Bond filed a complaint with the APA Ethics Office against Dr. Larry James for his alleged involvement in the harsh treatment of detainees. Among numerous ethical violations, Dr. James oversaw the transport of three child prisoners – one 12 years old and two 13 years old[viii] – from Bagram, Afghanistan to Guantánamo, where Dr. James was the Chief Behavioral Science Consultation Team member (“BSCT #1”).[ix] [x] According to the New York Times, during transport the boys were “put on a plane with other prisoners, chained by the wrists and ankles, with a hood” placed over their heads. At Guantánamo, Dr. James oversaw the daily interrogations of these boys. For ten months the boys’ families were not told what had happened to their children, who had been “disappeared” by American authorities. The United Nations Committee Against Torture has held that such “disappearance” is torture – not only for the subject, but also for the family of the child taken without public acknowledgement. In addition, there is no dispute that such treatment of children is a violation of international law.

The ethics complaint against Col. James was dismissed by the APA Ethics Office without investigation.

In 2006, Dr. Alice Shaw filed a complaint against Dr. John Leso with the APA Ethics Office, which was never officially acknowledged. On April 15, 2007, Dr. Trudy Bond filed a similar complaint against Dr. Leso, which also was not acknowledged. Dr. Bond refiled the complaint on September 4, 2007. That complaint was formally acknowledged by APA on February 27, 2008. Declassified U.S. government documents indicate that while serving at the U.S. Station at Guantánamo Bay Dr. Leso, in his position as BSCT #1 (he preceded Dr. James in this position), co-authored a document recommending that a series of escalating physically and psychologically abusive interrogation tactics be used on detainees there. Many of these techniques were applied to Guantánamo detainee “063,” Mohammed al-Qahtani, under Dr. Leso’s direct supervision.[xi] [xii] Susan Crawford, the Convening Authority for the Guantánamo Military Commissions appointed by George W. Bush, dismissed the case against al-Qahtani precisely because “his treatment met the legal definition of torture.” Many of the techniques and conditions that appeared in Dr. Leso’s written interrogation document were subsequently applied to other men and boys held at Guantánamo and eventually to detainees held in U.S. custody in Iraq and Afghanistan.

Now, more than five years after filing, the ethics complaint against Dr. Leso still remains unadjudicated by the APA Ethics Office (apparently the longest unadjudicated case in APA history).

The results of the case against Dr. Leso in New York clearly establish why the APA must take the lead in such cases. Unlike the NYOPD, the APA’s standards for psychologists do not permit the sidestepping of ethical issues through legal gymnastics. As the APA Ethics Code states:
This Ethics Code applies only to psychologists' activities that are part of their scientific, educational, or professional roles as psychologists. Areas covered include but are not limited to the clinical, counseling, and school practice of psychology; research; teaching; supervision of trainees; public service; policy development; social intervention; development of assessment instruments; conducting assessments; educational counseling; organizational consulting; forensic activities; program design and evaluation; and administration.
Most states follow the lead of the APA Ethics Office in determining ethical standards and in adjudicating cases.

Because of the Ethics Committee’s delay in adjudicating the Leso case, Dr. Steven Reisner initiated an ethics complaint against Dr. Leso with the New York Office of Professional Discipline (NYOPD), which grants his license to practice.[xiii] The NYOPD and the New York Attorney General acknowledged the fact that, “Dr. Leso, apparently, was asked to use his skills as a weapon; not to help the mental health of the detainees.” But the NYOPD used these very facts to determine that – since the aim of Dr. Leso’s activity at Guantánamo was explicitly to cause harm, and since there was no “therapist-patient relationship between Dr. Leso and any of the Guantánamo detainees” – Dr. Leso’s professional behavior could not be considered the “practice of psychology” under the New York Education Law and therefore the ethics code did not apply. The case was dismissed without investigation.

Dr. Reisner pursued the case against Leso in New York State Supreme Court. The Court refused to overrule NYOPD, not on the merits of the case, but based on a technicality: that harm to the profession at large notwithstanding, Dr. Reisner could not show that he had been personally harmed by Dr. Leso’s activities. But harm to the profession of psychology is precisely a central issue for the American Psychological Association. The ability of our association to establish and uphold ethical principles is the very basis upon which we garner and maintain public trust. And that trust has been sorely challenged by the failure of the APA Ethics Office to determine when a psychologist’s behavior in national security interrogations has violated our basic, time-honored ethical principles.

In light of the circumstances we have described here, we are requesting that you, as President of the APA:
1. Open a full review of the practices of the APA Ethics Office with regard to the investigation and adjudication of cases alleging torture, cruel, inhuman or degrading treatment or punishment in general, and the cases of Drs. Leso, James, and Gelles in particular.

2. Ensure that the case against Dr. Leso now receives a prompt adjudication, five years after it was filed.

3. Move to rescind the current statute of limitations on cases of torture, cruel, inhuman or degrading treatment so that there can be accountability for psychologists who participate in classified abuses whenever the evidence of such abuses becomes available.
Sincerely,

Trudy Bond
Steven Reisner

Endnotes

[i] Kaye, J. (2009, July 24). Former Top Navy Psychologist Involved in Pre-9/11 Prisoner Abuse Case. Retrieved September 7, 2012, from Invictus: http://valtinsblog.blogspot.com/2009/07/former-top-navy-psychologist-involved_24.html
[ii] Turley, J. (2007, August 20). Testimony in Senate Intelligence Committee on Abuses By Naval Intelligence and the Daniel King Case Published 1, Aug. Retrieved September 7, 2012, from http://jonathanturley.org/2007/08/20/testimony-in-senate-intelligence-committee-on-abuses-by-naval-intelligence-and-the-daniel-king-case/
[iii] (Turley, 2007)
[iv] (Kaye, 2009)
[v] Soldz, S. (2009, December 7). The "Ethical Interrogation": The Myth of Michael Gelles and the al-Qahtani Interrogation. Retrieved September 7, 2012, from The PsySR Blog: http://www.psysr.org/blog/2009/12/07/michael-gelles-and-the-al-qahtani-interrogation/
[vi] (Turley, 2007)
[vii] (Kaye, 2009)
[viii] James, L. (2008). Fixing Hell. Grand Central Pub. p. 43.
[ix] International Human Rights Clinic. Public Accountability for U.S. Doctors and Psychologists Involved in Torture. Retrieved September 7, 2012, from Human Rights Program Harvard Law School: http://www.law.harvard.edu/programs/hrp/clinic/current%20projects/current_americas_projects.html
[x] Center for Constitutional Rights. Evidence: Larry James. Retrieved September 7, 2012, from When Healers Harm: http://whenhealersharm.org/sources-call-for-an-investigation-on-larry-james/
[xi] Center For Constitutional Rights. John Leso. Retrieved September 7, 2012, from When Healers Harm: http://whenhealersharm.org/john-leso/
[xii] UC Berkeley School of Law. Do No Harm? Intelligence Ethics, Health Professionals and the Torture Debate. Retrieved September 7, 2012, from BerkeleyLaw - University of California: http://www.law.berkeley.edu/8307.htm
[xiii] The Center for Justice & Accountability. Reisner v. Leso: Accountability for One of the Psychologists Behind the Guantánamo Abuses . Retrieved September 7, 2012, from The Center for Justice & Accountability: http://cja.org/article.php?list=type&type=412

Tuesday, April 28, 2009

How APA Made a Pact with DoD & CIA over Torture Interrogations

Also posted at Firedoglake

Author's note, 4/29/09: This post's text contains five editorial corrections, two by strikeout, and three by adding a small amount of additional text (in brackets). The corrections were made after feedback from Dr. Jean Maria Arrigo, relating to mischaracterizations I made regarding a few facts about her actions and background. I regret any discomfort this may have caused Dr. Arrigo.

Dr. Steven Miles, the author of Oath Betrayed - America's Torture Doctors, and a prominent bioethicist at the University of Minnesota, has released the text of an open letter he has written to Dr. Stephen Behnke, Ethics Director of the American Psychological Association (APA), and Dr. Gerald Koocher, 2006 APA President.

Miles asks Behnke and Koocher "to publically urg[e] the APA to conduct a transparent review of how" it came to give a platform to "senior Department of Defense officials who were intimately involved in the support, protection, and implementation of corrupted interrogation standards." Behnke and Koocher are singled out as having "leadership roles in the APA’s relationship to... [torture] interrogations."

Miles is speaking most specifically about the PENS Task Force, established by the American Psychological Association in Spring 2005. PENS stands for Psychological Ethics and National Security. The Task Force was formed by the APA bureaucracy, with the following charge:
[E]xamine whether our current Ethics Code adequately addresses [the ethical dimensions of psychologists’ involvement in national security-related activities], whether the APA provides adequate ethical guidance to psychologists involved in these endeavors, and whether APA should develop policy to address the role of psychologists and psychology in investigations related to national security.
Dr. Miles asks Koocher and Behnke:
What were the formative contacts between DoD and APA that led to the creation of the PENS Task Force?

Who nominated and selected the members of the PENS Task Force?

What were the back channel communications between APA and DoD officials as the PENS Task Force Report was drafted and modified?

The answers to these questions cannot undo the damage but they are needed for those who can work to prevent such recruitment of a health professional organization in the future.
Miles has called for the APA to form its own "Truth Commission," joining the call of Psychologists for Social Responsibility for an investigation into the use of SERE, DoD, and CIA psychologists for Bush's torture program, and ties between APA and the implementation of the controversial interrogations policy.

PENS' Role in the Interrogation Scandal

The APA and the PENS Task Force may be a linchpin between the use of psychologists in the torture program and the higher-ups who were determined to implement such a program. In a way, DoD showed their hand, anxious to stamp down any dissent within the ranks of organized psychology, by stacking the composition of the PENS Task Force with military personnel, with Koocher and Behnke their willing accomplices. In the end, six of the nine members of the PENS TF were related to military activities, a clear majority.

One of military PENS participants was showcased in the Senate Armed Services Committee Report released last week. Lt. Col. Louie "Morgan" Banks, in 2002, the Chief Psychologist for U.S. Special Forces Command, was writing emails warning about the dangers of using SERE techniques in actual interrogation situations (see email from Banks to Major Paul Bruney at Gitmo, 10/2/02), even as only a month before, Banks was a key figure in organizing a training for Guantanamo psychologists and interrogators to learn SERE techniques!

At the time of the PENS meetings, Banks was also the senior SERE psychologist, and, as the internal opposition to official APA interrogations policy, the Coalition for an Ethical Psychology (CFEP) noted, "responsible for the training and oversight of all Army SERE Psychologists." It seemed strange at the time, but further revelations have made the appointment of Banks to the APA task force studying the appropriateness of psychologists participating in DoD interrogations more than simply suspicious.

Banks was not the only suspect member of the task force. In an FAQ on the subject, CFEP discussed another prominent PENS participant:
Scott Shumate, Ph.D. was, at the time of PENS, the chief psychologist for the Counterintelligence Field Activity (CIFA), the intelligence arm of the DoD. From April 2001 until May of 2003 he was the chief operational psychologist for the CIA’s Counter Terrorism Center (CTC), and held that position during the period when [James] Mitchell and [Bruce] Jessen were contracted by the CTC to introduce SERE-based techniques into CIA counterterrorist operations.
The cast of dubious participants only grows, and the suspicion that the fix was in grew even upon the few non-military members of the PENS group. Looking around them, they started to feel uncomfortable, seeing the likes of Banks; Shumate; Col. Larry James (former Chief Psychologist for the Joint Intelligence Group (JIG) at Guantánamo, Jan-May 2003); former SERE psychologist/trainer, Captain Bryce Lefever, who had worked as a consultant to Special Forces in Afghanistan during the 2002 invasion; and Robert A. Fein, Ph.D., who worked as a consultant to Counterintelligence Field Activity (CIFA) on "effective" interrogation methods, and was a subordinate of Shumate's. (See bios for all PENS members here.)

The whole set-up felt wrong to two of the non-military members of the task force. When one of them, Dr. Jean Maria Arrigo, heard that no one would be allowed to take written notes at the PENS meetings, she secretly wrote notes on napkins [was rebuked by Scott Shumate for taking notes on the first day of meetings, she continued taking some notes anyway,] and made efforts to secure the communications from the TF's list-serv, which she deposited later at the Hoover Institution, and gave copies to the Senate Armed Services Committee, and apparently selected human rights groups, activists, and reporters.

What kind of material was discussed behind the scenes by the PENS participants? Well, here's one example, a message from Dr. Koocher to the PENS group:
May 6, 2005: “In many of the circumstances we will discuss when we meet the psychologist’s role may bear on people who are not ‘clients’ in the traditional sense. Example, the psychologist employed by the CIA, Secret Service, FBI, etc., who helps formulate profiles for risk prevention, negotiation strategy, destabilization, etc., or the psychologist asked to assist interrogators in eliciting data or detecting dissimulation with the intent of preventing harm to many other people. In this case the client is the agency, government, and ultimately the people of the nation (at risk). The goal of such psychologists’ work will ultimately be the protection of others (i.e., innocents) by contributing to the incarceration, debilitation, or even death of the potential perpetrator, who will often remain unaware of the psychologists’ involvement.
"Even the death of the potential perpetrator"! "The debilitation"! One should remember, these are the pronouncements of the President of the American Psychological Association to his blue-ribbon (DoD-stacked) panel. They are also the words of someone undergoing a profound moral degeneration. This was amplified when, after Dr. Arrigo went public with her criticisms, Koocher labeled her actions "the sad emotional aftermath of a troubled upbringing complicated by the suicide of a parent who engaged behaviors she now abhors."

Of course, [I cannot know if Dr. Arrigo had a "troubled upbringing."] Dr. Arrigo had no "troubled upbringing." Her father was no criminal, nor was he even dead! I guess when you are caught out, your own actions can go to some fairly hysterical places. [Dr. Arrigo adds that at the time Dr. Koocher made his allegations, she was in "cordial contact" with her father.]

Another PENS participant, Dr. Michael Wessels, Professor of Clinical Population and Family Health at Columbia University, ultimately resigned from PENS Task Force itself, the only member to do so. In a letter to PENS chair Olivia Moorehead-Slaughter, he explained:
Out of ethical concerns, I have decided to step down from the PENS Task Force because continuing work with the Task Force tacitly legitimates the wider silence and inaction of the APA on the crucial issues at hand. At the highest levels, the APA has not made a strong, concerted, comprehensive, public and internal response of the kind warranted by the severe human rights violations at Abu Ghraib and Guantánamo Bay. The PENS Task Force had a very limited mandate and was not structured in a manner that would provide the kind of comprehensive response or representative process needed.
There was plenty more evidence of high-level APA and governmental interest in keeping the lid on the PENS process, such that the conclusion of the PENS Task Force was foreordained: there was nothing unethical about psychologist participation in the interrogations process then underway at various DoD sites. In fact, psychologist participation was about securing safety for the prisoners, and giving expertise to the process.

This must have been good news to the various mucky-mucks who attended the PENS sessions in order to observe. These unofficial attendees included the Director of the APA Practice Directorate, Russ Newman; as well as four members from the APA's Science Policy or Science Directorate, Susan Brandon, Steven Breckler, Heather Kelly, Geoff Mumford, among others. According to Arrigo, it was unusual to have as observers "lobbyists on issues that overlapped with the mission of the Task Force."

Newman's presence raised some eyebrows, as his wife was Dr. Debra Dunivin, an active duty SERE psychologist working with Banks and James at Guantanamo. Conflict of interest anybody?

As Lt. Col. Banks wrote on the PENS Listserv on August 8, 2005, after the report was rushed through and approved:
Last Friday, I spent eight hours with the Army's Surgeon General, LTG Kiley, along with Larry James, Debra Dunivin, and several others. We were trying to establish the doctrinal guidelines and training model for psychologists performing this job. The TF [Task Force] report provided, again, a solid anchor to use in our deliberations.
The Army Surgeon General was involved, too? How far does the cast of characters of this incestuous menagerie extend?

Beyond PENS: The Bigger Picture of APA Subservience to National Security Programs

The appearance of the "observers" from the Science Directorate was notable, as these psychologists were key figures in APA lobbying of Defense Department funds. One of these figures, Susan Brandon, was working at the time of the PENS process for the White House Office of Science & Technology Policy. She has also worked for Mitre Corporation, and was once Senior Scientist at APA, as well as Program Officer for Affect and Biobehavioral Regulation at NIMH.

Brandon also has the dubious distinction of being one of the chief organizers of a CIA/RAND/APA workshop entitled the "Science of Deception: Integration of Practice and Theory", held in Arlington, VA, in July 2003. She shared organizational tasks for this affair with Kirk Hubbard, Chief of the Research & Analysis Branch, Operational Assessment Division of the CIA. One agenda item at this workshop was to discuss new ways to utilize drugs and sensory bombardment techniques to break down interrogatees.

Here's one example of the workshop's "thematic scenarios":
# How do we find out if the informant has knowledge of which s/he is not aware?

# How important are differential power and status between witness and officer?

# What pharmacological agents are known to affect apparent truth-telling behavior?....

# What are sensory overloads on the maintenance of deceptive behaviors? How might we overload the system or overwhelm the senses and see how it affects deceptive behaviors?
Some time back, I wrote to some of the key APA officials involved in this workshop, but they never responded to my queries. That includes an email to the APA ethics director, Stephen Behnke, as well.

Now that we've gotten to the truth drugs, the sensory overwhelm and "overload of [the] system", it feels time to stop, to wash off the ordure, if nothing else.

From the current perspective of recent revelations on the torture scandal, from the OLC memos to the release of the full SASC report, it's clear that there's much more to be revealed. For instance, what role did APA play in the operational planning that resulted in the various torture programs? (For it's also clear now, that there was more than one such program, i.e., the "enhanced interrogation program" outlined by the Bybee memo, and the JTF-GTMO interrogation plan forwarded to the Joint Chiefs of Staff by General James T. Hill, Commander at SOUTHCOM, in late October 2002.)

Will we ever hear more about the double game played by the likes of Banks? Or will we know the real behind-the-scenes story about PENS? What exactly did go on at that CIA/RAND/APA July 2003 meeting, and what psychologists, psychiatrists and others were present, discussing ways to implement torture? Will Susan Brandon be called to the stand? Or Scott Shumate? And then there are the charges by Jane Mayer and others that yet another former APA president, Martin Seligman, was involved in teaching theories of "learned helplessness" to SERE psychologists-cum-torturers, James Mitchell and Bruce Jessen.

We won't probably get to know much of this information unless investigations are begun, and soon, before all the dead bodies are buried, and the political opening for this vital social endeavor is closed for another generation.

Extra addition (5/9/09): Earlier this week the PENS e-mail listserv was posted online as part of an article simultaneously posted at Salon.com and ProPublica. Researchers and the curious are encouraged to check it out.

Wednesday, September 19, 2007

Behind the Scenes of Anti-Torture Struggle Against DoD/APA

On September 5 of this year, I posted an article, Empire Strikes Back: APA Tops Lash Out at Anti-Torture Opponents, which discussed the efforts of former American Psychological Association president Gerald Koocher and former Presidential Task Force on National Security (PENS) Chair Olivia Moorehead-Slaughter to counter the charges of PENS member Jean Maria Arrigo that the PENS task force was heavily loaded by U.S. Department of Defense members and supporters. The latter was to assure that psychologists would still be available to staff the abusive settings and interrogations at Guantanamo, Abu Graib, CIA secret "black sites", etc. Both Koocher and Moorehead-Slaughter gave biased and sometimes outright false accounts of the events leading up to the 2006 resolution against torture by the American Psychological Association.

The 2006 resolution is important, as it served as the basis for the 2007 APA resolution, labeled as a "reaffirmation" and extension of the earlier text. The 2007 resolution banned some coercive interrogation techniques, while allowing wiggle room for others to persist. It also allowed psychologists to participate at settings where human rights are being abridged, i.e., where there is no right to habeas corpus.

What follows is a long letter, with accompanying documentation, by Stephen Soldz, Steve Reisner and Brad Olson of Coalition for an Ethical APA, exposing the amalgam of lies and half-truths put forward by Koocher and Moorehead-Slaughter in their recent letters. While opponents could also call Soldz et al. biased, I think we can let readers study and decide for themselves.

++++++++++

September 19, 2007

Dr. Sharon Stephens Brehm
President
American Psychological Association

Dear Dr Brehm:

You recently distributed a letter from Dr. Olivia Moorehead-Slaughter to members of the American Psychological Association (APA) that has spread to many APA listservs and other outlets. There are serious distortions, inaccuracies and misrepresentations in this letter, and our aim here is to correct these errors, as well as those in a related letter by former APA President Gerald Koocher, and to encourage you to distribute the correction.

At the August, 2007 Convention in San Francisco, at the invitation of the American Psychological Association’s mini-convention planners, Dr. Jean Maria Arrigo presented a paper on the PENS Task Force process. In that paper and presentation, Dr. Arrigo offered a critique of the PENS process, which included the results of her consultation with two counterintelligence experts. Amy Goodman, producer of the public television and radio program Democracy Now!, played a portion of Dr. Arrigo’s presentation on her program (August, 20, 2007) 1.

Dr. Moorehead-Slaughter and Dr. Koocher, each of whom have held positions of leadership in the APA, and both of whom were participants in the PENS process, have written open letters attacking Dr. Arrigo’s scholarship, integrity, and in one instance, her mental stability. Although these attacks were personal, we will focus on the substance of their attempts to challenge Dr. Arrigo’s critique of the PENS process.

As you know, Dr. Arrigo deposited copies of the PENS listserv and documentation materials at the Hoover Institution Archives at Stanford University in August 2006, and made these materials available to certain historians and investigators, including the Senate Armed Services Committee and the Coalition for an Ethical APA. The PENS documentation includes the full text of the listserv communications of the PENS Task Force and observers over a fifteen month period, as well as notes and documents pertaining to the Task Force meeting and the ensuing Report. Having studied these materials, we can attest that the PENS documents support Dr. Arrigo’s interpretation of the data and refute many of the statements made by Drs. Koocher and Moorehead-Slaughter. The purpose of this letter is to provide you and the public with the evidence that refutes these unfounded assertions.

Dr. Arrigo’s Critique of the PENS Task Force Process

Dr. Arrigo’s critique of the PENS Task Force Process included the following points:

1) Dr. Arrigo asserted that the PENS Task Force was created in response to press reports stating that psychologists were involved in interrogation abuses at Guantánamo and elsewhere. Neil Lewis, for example, in the November 30, New York Times 2, cited a report by the International Committee of the Red Cross (ICRC). This report stated that psychologists and other health professionals were participating in abusive interrogations ”tantamount to torture.” The article further reported that these health professionals utilized medical records to guide the processes of such interrogations. During their visits to Guantánamo in early 2003, the ICRC found these practices to be such egregious violations of medical ethics that they refused to return for six months. The article further reported that the teams of interrogation supervisors, Behavioral Science Consultation Teams (BSCTs), singled out by the ICRC, consisted primarily of psychologists and/or were trained and supervised by psychologists. This has since been validated by a Department of Defense Office of the Inspector General report, 20063.

2) Dr. Arrigo pointed out that the task force was not an independent body. Six of the nine voting PENS members were in the employ of the Department of Defense at the time of the meeting. Three held positions in the very chains of command during a critical period when, according to the Inspector General of the Department of Defense, the International Committee of the Red Cross, and the Behavioral Analysis Unit of the FBI, the abusive interrogation techniques were nothing less than “standard operating procedures.”

3) Dr. Arrigo expressed concern that two APA officials holding leadership positions in the organization, neither of whom were members of the Task Force, took dominant roles in task force proceedings. Her observation was that these APA leaders guided the direction, focus, and conclusions of the task force at multiple critical points, and marginalized minority opinion. In the room, too, and privy to listserv communications, were four other unacknowledged observers, who had been APA lobbyists to the DoD and to Congress. While it is not unusual to have observers at Presidential Task Force proceedings, the presence of observers who had been lobbyists on issues that overlapped with the mission of the Task Force constitutes a further conflict of interest and potential source of bias. This is magnified by the fact that their activities included directly lobbying one of the Task Force members, who had been the Director of the Psychology Unit of the highly secret DoD Counterintelligence Field Activity Unit (CIFA) (See APA’s ‘Science Policy Insider News’ [SPIN] October, 20044.)

4) Dr. Arrigo also pointed out that the Task Force proceedings, the names of the members, and, in particular, the names of the observers, although shared with Council, were kept from the membership and from the public in a manner that is unusual for Presidential Task Forces.

5) Dr. Arrigo also presented the results of her consultation with two former counterintelligence professionals, skilled in tracing covert influences and who had not been part of the PENS process. They agreed to review the PENS procedures and staffing. Both counterintelligence professionals independently found the process consistent with “a typical legitimization process for a decision made at a higher level in the Department of Defense.”

Assessment of Dr. Koocher’s Remarks

[Dr. Koocher’s letter is available here.]

Dr. Koocher charges Dr. Arrigo with “a substantial number of false and defamatory allegations regarding me [Dr. Koocher] and other members and staff of the American Psychological Association.” He then does what should be unthinkable for an ethicist, former President of the APA, and current APA Board Member. He attempts to undermine the validity of Dr. Arrigo’s conclusions by asserting bias due to a troubled past. Dr. Koocher’s letter contains distortions and in some cases outright fabrications, such as the following:

1. “Dr. Arrigo stated that she, ‘was one of the three civilian members of the 2005 PENS Task Force.’ That statement is patently false… Six of the ten task force members and both members of the APA Board of Directors who participated in the meetings were civilians.”

In point of fact, Dr. Arrigo made no such statement; the quote is from Ms. Goodman.

What Dr. Arrigo did say was, “A third matter is an unbalanced task force. Six of the ten members were highly placed in the Department of Defense, as contractors and military officers.” There is no disputing Dr. Arrigo’s statement. Drs. Banks, James, and Lefever were all active in the military at the time 5. Dr. Gelles worked for the Naval Criminal Intelligence Service. Dr. Shumate was chief psychologist for Department of Defense Counterintelligence Field Activity (CIFA), and Dr. Fein was a consultant to CIFA on “effective” interrogation methods, responsible to Dr. Shumate. Although it is true that the latter three were civilians, this is irrelevant to Dr. Arrigo’s point, which had to do with conflict of interest due to DoD involvement. All three were involved in military or intelligence interrogations or interrogation effectiveness research, and could suffer career harm, including loss of security clearance, if they were to reject DoD policies. Although Dr. Arrigo said nothing about the Board liaisons’ connections with the military, it is worth pointing out that although Dr. Barry Anton, the other Board liaison mentioned by Dr. Koocher, was a civilian at the time of the meeting, he had been a Lieutenant Colonel in the US Army Reserve for 22 years. Dr. Koocher not only misquotes Dr. Arrigo, he does so in the interest of obscuring an issue that is valid and relevant: the fact of the DoD employment and/or affiliation of six of the nine voting Task Force members.

2. Dr. Koocher goes on to state that “Dr. Arrigo also conveniently ignores the fact that the task force’s report was reviewed, edited and approved by the completely independent APA Ethics Committee.”

Dr. Koocher is making the claim that whatever conflicts of interest might be evident in the PENS Task Force are somehow overridden by review of the “completely independent APA Ethics Committee.” But, in fact, the Chair of the PENS Task Force, Dr. Moorehead-Slaughter, was then Vice-chair of the Ethics Committee, and the PENS Task Force Report was actually written by Stephen Behnke, the Director of the APA Ethics Office. Dr. Behnke was designated one of two spokespeople for the Report. (The other was APA public relations director Rhea Farberman.) Other members were discouraged from speaking. As Dr. Moorehead-Slaughter wrote to the PENS listserv on July 7, 2005:

“[W]e agreed to let our Report speak for us, and that we would not share the substance of our discussions further than what the Report contains, I ask that we all refer any questions from the media concerning the Task Force to Steve and Rhea, even if we’re asked to speak off the record or “on background.“

Further, as Dr. Moorehead-Slaughter wrote on the listserv on June 25, 2007, the Ethics Committee, in reviewing the document, had an extremely narrow mandate:

“The Ethics Committee is reviewing the Report this afternoon, for the purpose of determining whether our twelve statements are “appropriate interpretations and applications” of the APA Ethics Code.”

3. Dr. Koocher asserts that “Because Dr. Levant could not attend the meeting, I (as 2006 President) represented him at the start of the meeting to help the group understand its charge and I was present for only the first six hours of the two day meeting… Such was the nature of my alleged ’strong controlling’ behavior.”

A reading of the PENS Listserv documentation shows, on the contrary, that Dr. Koocher was a dominant member of the PENS process from the very start of email communication, two months before the meeting, and he continued in this role to the very end. Here are examples of Dr. Koocher’s comments on the PENS listserv, one from six weeks before the meeting, and one from six weeks after:

May 6, 2005: “In many of the circumstances we will discuss when we meet the psychologist’s role may bear on people who are not ‘clients’ in the traditional sense. Example, the psychologist employed by the CIA, Secret Service, FBI, etc., who helps formulate profiles for risk prevention, negotiation strategy, destabilization, etc., or the psychologist asked to assist interrogators in eliciting data or detecting dissimulation with the intent of preventing harm to many other people. In this case the client is the agency, government, and ultimately the people of the nation (at risk). The goal of such psychologists’ work will ultimately be the protection of others (i.e., innocents) by contributing to the incarceration, debilitation, or even death of the potential perpetrator, who will often remain unaware of the psychologists’ involvement.”

Dr. Levant, on the other hand, contributed only one post to the listserv, on January 16, 2006, six months after the Report was published, and three months after his visit to Guantánamo at the invitation of the Department of Defense. In this sole communication he asked Task Force member Mike Wessells to reconsider his resignation from the Task Force.

4. Dr. Koocher included in his letter the following allegation:

“During the introductions Dr. Arrigo disclosed that her father served as a military officer during the Korean War, he interrogated and tortured people, and he committed suicide. She has therefore made it her life’s mission to campaign against torture and interrogation.”

Here we will allow Dr. Arrigo to speak for herself (personal communication, September 7, 2007):

“Dr. Gerald Koocher’s assertions about my background and motivations do not connect with reality. My father is not a suicide but alive, at 93 years of age, in San Francisco, where I visited him during the APA Convention. He is proud of his military service, not ashamed. My research and peace work focus on moral voices and moral reasoning within the military and intelligence community, not, as he asserted, on torture victims.”

Further, the fact that Dr. Arrigo has attended and even organized a number of conferences in collaboration with military and intelligence professionals, as well as with professional interrogators demonstrates the falseness of the claim that she “campaign[s]... against interrogation.”

5. Last, Dr. Koocher stated that, “Until now, I had remained respectfully silent in public regarding Dr. Arrigo’s biases, history of personal trauma, and lack of boundaries, but will no longer do so.”

Alas, it is not true that Dr. Koocher remained “respectfully silent” in public about this matter. When a reporter from the Washington Monthly, Art Levine, was investigating the alleged biases of the PENS Task Force in September 2006, and asked Dr. Koocher about Dr. Arrigo’s report, Dr. Koocher told this same story about her father. Mr. Levine emailed Dr. Arrigo to investigate Dr. Koocher’s allegation. Dr. Arrigo easily demonstrated its inaccuracy. When Mr. Levine was then interested in reporting the fact that the then-President of the APA had tried to plant a smear against a critic in the press, Dr. Arrigo asked him not to do so, and the matter was dropped.

Assessment of Dr. Moorehead-Slaughter’s Remarks

[Dr. Moorehead-Slaughter’s letter is available here.]

Like Dr. Koocher, Dr. Moorehead-Slaughter sidesteps Dr. Arrigo’s evidence of conflicts of interest in the PENS process and focuses on innuendos that are falsely attributed to Dr. Arrigo. Dr. Moorehead-Slaughter begins her letter with a 300 word defense against allegations she claims came from Dr. Arrigo, but that in fact were never made.

Thus, Dr. Moorehead-Slaughter states that she did not work “in any capacity for the CIA,” was not paid “monies or compensation” for her time, was not covertly “providing information to the military,” and that any implication to the contrary is “an insult to my integrity.” But not a single one of these charges can be found in Dr. Arrigo’s remarks (nor in Ms. Goodman’s, for that matter). Dr. Moorehead-Slaughter’s insinuation that such charges were made presents a false picture of Dr. Arrigo’s argument and serves the purpose of impugning her veracity, while sidestepping the conclusion that Dr. Arrigo did draw from the proceedings: that there was conflict of interest among certain members of and observers to the PENS Task Force.

Dr. Moorehead-Slaughter in her letter quotes an email Dr. Arrigo sent to the PENS listserv in which Dr. Arrigo expresses polite praise for the PENS report:

“The depth, scope, and wisdom of this document are indeed impressive, and I approve it as a Task Force member. Also, I appreciate its literary grace (owing to Steve). As mentioned previously, I have felt uneasy with some elements, primarily omissions. Fulfillment of the Task Force recommendations would relieve my concerns, and I hope for an opportunity for further participation. Thanks to the APA ethics committee, board, and staff members who have mobilized for swift review and dissemination of the PENS report.”

Dr. Arrigo provided us an explanation of her thinking:

“Dr. Olivia Moorehead-Slaughter’s interpretation of my approving comment on the penultimate draft of the PENS report is misleading. First, I spoke well of it in polite prelude to three serious objections—all of which were overruled by Dr. Koocher. Second, in June 2005 I did have positive feelings about the full PENS Report. Following its statement of twelve ethical principles. the PENS Report stated nine recommendations for action. I had initiated three of these, including the call for a PENS casebook, and was led to expect these recommendations would be implemented expeditiously. Fulfillment of the recommendations would have compensated, in a diplomatic manner, for gaps in the principles. Two years later there is still no casebook.”

(For a more detailed critique of the PENS process, see Drs. Arrigo’s and Dr. Wessells letters to Council, February 2006,in an appendix to this letter.)

In her letter, Dr. Moorehead-Slaughter disputes Dr. Arrigo’s assertion that there were “significant conflicts of interest” in the PENS Task Force membership. We have already addressed the fact that the PENS listserv reveals that the majority of Task Force members were in the employ of the Department of Defense. At this point, however, it is important to add further evidence of conflict of interest: that the process appears to have been vetted by the DoD itself. One military/intelligence member wrote on the PENS TF listserv on January 23, 2006:

As with all publicly released information, DoD and other Governmental officials have to have their work reviewed by various elements within the Government, and in this case specifically by the Department.

On January 31, 2006, Dr. Moorehead-Slaughter acknowledged without objection this “process of approval and clearance.”

Dr. Moorehead-Slaughter states in her letter, “The notion that either the names of Task Force members or their biographical descriptions were not publicly available until a year after the Task Force met is completely false.”

But this point is flatly contradicted by the fact that the PENS Report is the only Presidential Task Force Report, to our knowledge, to be released to the public without the names of the members or the observers listed. Although it is true that the names and bios of the members, after being made available to Council representatives, were posted on the Division 48 listserv, this was not acknowledged by the APA leadership, Dr. Moorehead-Slaughter, or Dr. Behnke until after the names were released in the press. Attempts were made by members of the APA and the press to obtain the Task Force membership. After the report was published, all requests were turned down.

Evidence for this comes not only from APA members and reporters, but also from the PENS listserv. This post is from August 22, 2005 by a military/intelligence member of the Task Force:

“I wanted to leave a short note regarding the Ethics in National Security Panel presentation at the APA Conference on Friday. While this was not related to the Task Force, there were many questions and comments regarding the Task Force report posed to Dr. Steve Behnke who chaired the panel. I was once again impressed with how Dr. Behnke eloquently represented our work and insured the confidentiality of the panel, despite pressure to reveal the identities of the task force members and the process that unfolded during the Task Force meetings. Steve was respectful, gracious and polite in response to some very direct and provocative questions and comments.”

Dr. Moorehead-Slaughter responded to the above email by stating, also on August 22, 2005, “I have no doubts that Steve [Behnke] was respectful and masterful in preserving the integrity of our Task Force process.”

Finally, Dr. Moorehead-Slaughter asserts that there could be no conflict of interest given that the military/intelligence members of the Task Force have been “described in publicly available documents as taking central roles in fighting detainee abuse.”

First, this point is irrelevant to the question of conflict of interest. The task facing the PENS Task Force was to investigate the APA’s response to psychologists’ roles in detainee abuses, as well as the question of whether ethical issues were raised by psychologists’ participation in detainee interrogations. The fact that the majority of PENS members (six of the nine voting members) were already directly or indirectly involved in such interrogations and their careers were dependent on such interrogations, constitutes the very definition of conflict of interest. This conflict is only exacerbated by the fact that at least three PENS members were in the direct chains of command when and where the Department of Defense 3, the International Committee of the Red Cross (ICRC) 2, and the Behavioral Analysis Unit of the FBI, all reported that these abuses had occurred. While considerable new evidence on the nature and extent of psychologist involvement in abusive interrogations has recently come to light, many of these reports were already in the public domain at the time of the PENS Task Force formation. In fact, as we have already noted, it was ICRC reports of abuse at Guantánamo that precipitated the formation of the PENS task Force in the first place. To put those in the Guantánamo interrogation chain of command on PENS after these reports were available is, by definition, a conflict of interest.

The public record is quite explicit that abuses were observed during the time when at least three PENS Task Force members were a part of the implicated chains of command. For example, there are documented reports of abuses by the CIA Counterterrorism Center taking place over an extended period while one PENS member was its chief operational psychologist. While that PENS member is reported by Vanity Fair5 (as Dr. Moorehead-Slaughter correctly notes) to have stated that he had been “disgusted” by the abuse he witnessed and to have left the scene of the abuse, the article goes on to note that the abuse became more extreme after he left, and there is no report that he made an attempt to stop it, much less that his engagement (or disengagement for that matter) led to an end to abuse.

One military Task Force member’s statement on the PENS Listserv (May 23, 2005) that “since Jan 2003, where ever we have had psychologists no abuses have been reported” has been flatly contradicted by independent bodies with thorough access to Guantánamo detainee conditions. Multiple reports, for example, from FBI agents at Guantánamo document abusive interrogations during this period:

“In late 2002 and continuing into mid-2003, the Behavioral Analysis Unit raised concerns over interrogation tactics being employed by the U.S. Military. As a result, an EC dated 5/30/03, was generated summarizing the FBI’s continued objections to the use of SERE (Search, Escape, Resistance, and Evasion) techniques to interrogate prisoners.” 8

In a June, 2004 report, the Red Cross (ICRC) noted, according to the New York Times, that,

“investigators had found a system devised to break the will of the prisoners at Guantánamo… and make them wholly dependent on their interrogators through “humiliating acts, solitary confinement, temperature extremes, use of forced positions… Investigators said that the methods used were increasingly “more refined and repressive” than learned about on previous visits” 2.

This describes Guantánamo interrogations during and immediately following the period Dr. Moorehead-Slaughter refers to as “Task Force members…taking central roles in fighting detainee abuse,” and during the period where those members asserted that the abuses stopped.

Apparently, the psychologists on the PENS task force hold very different definitions of what constitutes abuse from the ICRC, the FBI and the DOD Inspector General (OIG). The OIG report states that in August 2003 interrogators from Guantánamo attempted to teach these abusive techniques to interrogators in Iraq:

“In August 2003, the Joint Chiefs of Staff J3 requested the U.S. Southern Command to send experts in detention and interrogation operations from Guantánamo to Iraq to assess the Iraq Survey Group’s interrogation operations…Based on interviews with cognizant personnel, the JTF-Guantánamo assessment team reportedly discussed the use of harsher counterresistance techniques with Iraq Survey Group personnel” 3.

This history supports Dr. Arrigo’s contention that the PENS Task Force psychologists who were involved in interrogations could not be expected to offer an independent assessment of the ethics of psychologists’ involvement in detainee interrogations.

Dr. Brehm, you have disseminated Dr. Moorehead-Slaughter’s letter widely, giving the Presidential imprimatur to its contents. We request, in the interest of scholarly integrity, honesty, and fairness, that you send this letter to the same distribution networks. Our position is (a) that it is necessary to attend to the evidence that psychologists have been implicated in detainee abuse; (b) that the APA must do all it can do to condemn the psychologist-led abuses that have taken place and the use of psychological knowledge for the purposes of abuse; and (c) that the APA’s history of addressing this issue has been tainted by conflicts of interest that have compromised the ethical integrity of our commitment to end these practices.

The recent resolution passed by the Council of Representatives last month , Substitute Motion 35, is a step forward in bringing the APA in line with international standards of human rights and medical ethics, but loopholes exist in the language of the resolution that can be interpreted as permitting psychologists to continue participation in ‘enhanced’ and abusive interrogations; language that has been condemned by the ACLU 9, Physicians for Human Rights 10, and the International Rehabilitation Council for Torture Victims 11. We would like to work with you and the Board to close those loopholes to prevent any implication that the APA might condone abuses, enhanced interrogations, or ‘torture lite.’ We hope that you will distribute this letter to the APA membership, and that you will ask the Board to establish a working group dedicated to aligning APA policy with the highest standards of medical ethics and human rights.

Sincerely,

Steven Reisner
Stephen Soldz
Brad Olson
For the Coalition for an Ethical APA

Works Cited
1. Arrigo JM, Goodman A. APA Interrogation Task Force Member Dr. Jean Maria Arrigo Exposes Group’s Ties to Military: Democracy Now!, August 20, 2007. Available from: http://www.democracynow.org/article.pl?sid=07/08/20/1628234

2. Lewis NA. Red Cross Finds Detainee Abuse in Guantánamo: New York Times, November 30, 2004. . Available from: http://select.nytimes.com/search/restricted/article?res=F30910FF3A5A0C738FDDA80994DC404482

3. Office of the Inspector General of the Department of Defense. Review of DoD-Directed Investigations of Detainee Abuse, 2006. Available from: http://www.fas.org/irp/agency/dod/abuse.pdf

4. American Psychological Association Public Policy Office. Science Policy Staff meet with Psychologists in Counterintelligence. SPIN, October, 2004. Available from: http://www.apa.org/ppo/spin/1004.html

5. American Psychological Association. American Psychological Association Presidential Task Force on Psychological Ethics and National Security: 2003 Members’ Biographical Statements: Society for the Study of Peace, Conflict, and Violence, Peace Psychology Division 48 of APA, 2005. Available from: http://www.webster.edu/peacepsychology/tfpens.html

6. Eban, Katherine. Rorschach and Awe. Vanity Fair Online, 2007. Available from: http://www.vanityfair.com/politics/features/2007/07/torture200707?printable=true¤tPage;=all

7. American Psychological Association. Reaffirmation of the American Psychological Association Position Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and Its Application to Individuals Defined in the United States Code as “Enemy Combatants”: American Psychological Association, 2007. Available from: http://www.apa.org/governance/resolutions/councilres0807.html

8. Testimonies of FBI Agents. (Documents obtained by the American Civil Liberties Union under the Freedom of Information Act.) Available from: http://humanrights.ucdavis.edu/projects/the-guantanamo-testimonials-project/testimonies/testimonies-of-fbi-agents/index

9. Romero A, Goodman A. The Fight for Civil Liberties in the Age of Terror: ACLU Head Anthony Romero on Civilian Killings in Iraq, Domestic Spying, Torture, John Walker Lindh and More: Democracy Now!`, 2007. Available from: http://www.democracynow.org/article.pl?sid=07/09/05/1422253

10. Rubenstein L. Report from the APA meeting: Physicians for Human Rights, 2007. Available from: http://actnow-phr.org/phr/notice-description.tcl?newsletter_id=5944351

11. Quiroga J. APA resolution: a step forward in preventing torture and ill-treatment: International Rehabilitation Council for Torture Victims, 2007. Available from: http://www.irct.org/Default.aspx?ID=159&M;=News&PID;=5&NewsID;=954

Appendix

February 12, 2006
Dear Olivia,

Please attach to your February 1, 2006, letter to Drs. Koocher and Levant, Mike Wessells’ letter of resignation from the Task Force and my letter below, for a representation of the minority voices on the original Task Force. Mike withdrew on January 15, 2006, “because continuing work with the Task Force tacitly legitimates the wider silence and inaction of the APA on the crucial issues at hand.” Below, I outline my disagreement with the majority opinion in your letter.

I appreciate your graciousness as moderator.

Jean Maria
===========


Addendum to Dr. Morehead-Slaughter’s February 1, 2006, letter to Drs. Koocher and Levant on behalf of the PENS Task Force

I disagree with two major assertions in this letter: (1) that the “Ethics Committee is the most appropriate group” for writing the casebook/commentary, and (2) that the Task Force “has provided the American Psychological Association the best service it is able.” Also, I remark on two related concerns: (3) lack of independence of the Task Force and (4) lack of Task Force transparency.

1. Authorship of the casebook.

Creation of the casebook is more demanding of specialized knowledge concerning interrogations than is articulation of the general ethical principles, because of the legal and political ramifications. Task Force members whose defense department affiliations prevent them from participating in the casebook can defer to their colleagues and myself to provide realistic examples for the casebook and to assist the Ethics Committee in formulating realistic advice. Without the participation of the Task Force members with defense department affiliations, the ecological validity of the casebook is apt to be low or absurd. What psychologists know about culture, setting, organizational roles, social influence, and so on, points to the need for insiders to provide the sample cases from domains clouded in secrecy. In my view, a body of illustrative examples for the Final Report is a crucial contribution of Task Force members affiliated with the national security system and would justify their majority presence on the Task Force.

2. Task Force fulfillment of service

For best service to the APA, from the beginning I have urged that the Task Force expand the scope of its inquiry. The Final Report narrowly focuses on ethical decision making by morally autonomous military psychologists faced with interrogatees at a detention center under U.S. authority. This scenario captures only a fragment of psychological ethics related to interrogation of terrorist suspects. Central topics are missing: (a) interrogation outside of premises controlled by the U.S. military, where interrogators and consultants have to maneuver gingerly with foreign counterterrorist police and military units; (b) utilization of Behavior Specialists, mental health counselors, and other paraprofessionals trained in psychology, who may easily be substituted for psychologists; (c) career and financial pressures on psychologists, for instance, on recipients of national security scholarships, fellowships, and internships; and (d) other institutional arrangements that may support psychologists’ unethical participation in interrogation, for opportunities and procedures persist in large bureaucracies. I think that the model of the morally autonomous psychologist in the U.S. detention center, as put forth in the Final Report, will fade as soon as realistic cases are examined.

3. Independence of the Task Force as an advisory body

APA sources have consistently characterized the Final Report as the product of deliberations by the ten named members of the Task Force. Dr. Koocher voiced strong opinions on the Task Force listserv and during the final deliberations in Washington. There was a continuous presence of APA functionaries, as informational resources, at the other end of the conference table. I presume these circumstances accord with APA by-laws and traditions. Nevertheless, any implication that the Task Force served as an independent advisory body to the APA President is simply false.

In my view, the external social pressure prevented the Task Force from reviewing the ethical implications of its limited mandate, a mandate that excluded investigation of the participation of psychologists in coercive interrogation.

The present letter from the Task Force chair, addressed to Drs. Levant and Koocher, informs Dr. Koocher of a decision in which he substantially participated.

4. Transparency of the Task Force

Confidentiality of Task Force proceedings was advanced on two grounds: the members with national security affiliations could not sufficiently inform our deliberations except under a promise of confidentiality, and a united Task Force position would diffuse divisive and counterproductive criticism of the APA, both from within and without. I think the first reason was valid, but the second has worked against resolution of the question of psychologists’ involvement coercive interrogation. To many APA members, as evidenced by public letters from Divisions 48 and 51, the Task Force appears to be a tool of appeasement, created by the APA leadership to obscure members’ demands for an investigation. Honest discussion from Task Force members about the conflicted proceedings (preserving confidences related to national security) would have been much more fruitful than the gag rule. Such discussion would have been a valid step in addressing members’ concerns. We can still take that step.

Jean Maria Arrigo


From: Mike Wessells

Date: January 15, 2006 12:55:10 PM PST

Subject: PENS work

Reply-To: Presidential Task Force on Psychological Ethics and National Security

Dear Olivia,

I’ve been meaning to write you in regard to my participation in the continuation of the PENS work but my schedule has consistently interfered. Now, with the teleconference being scheduled for next week, I wanted to write at least a brief note.

Out of ethical concerns, I have decided to step down from the PENS Task Force because continuing work with the Task Force tacitly legitimates the wider silence and inaction of the APA on the crucial issues at hand. At the highest levels, the APA has not made a strong, concerted, comprehensive, public and internal response of the kind warranted by the severe human rights violations at Abu Ghraib and Guantánamo Bay. The PENS Task Force had a very limited mandate and was not structured in a manner that would provide the kind of comprehensive response or representative process needed. In serving initially on the Task Force, I had hoped that the APA would treat PENS as one element in a strong, proactive, comprehensive response affirming our professional commitment to human well-being and sounding a ringing condemnation of psychologists’ participation not only in torture but in all forms of cruel, inhumane and degrading treatment of detainees, including the use or support of tactics such as sleep deprivation. In the past six months, no such response has come from the Association, which has tended to treat the PENS Task Force as its primary response to the situation. Even the requirement by the APA Council for wide publicity of APA s 1986 resolution on human rights and torture has not been answered adequately. The quiet, timid approach the APA has taken on these issues is inappropriate to the situation, inconsistent with the Association s mission, and damaging to our profession. It has been encouraging to see a more robust statement recently from the President of the American Psychiatric Association. This is the kind of leadership warranted in the situation we face.

My concerns reflect no ill feelings toward the PENS group, which I felt honored to have worked with. Also, my concerns do not relate primarily to the PENS Task Force report. Although the report could have been stronger in many ways, I thought it made a contribution relative to the terms of reference given to the Task Force.

Sincerely,

Mike Wessells

Monday, September 17, 2007

Australian Psychologists Protest U.S. Torture -- Sign Their Petition!

Spurned in their attempt to get the Australian Psychological Society (APS) to cancel ex-American Psychological Association (APA) President Gerald Koocher as keynote speaker at the 42nd Annual APS Conference, held in Brisbane this year, psychologists at the University of Queensland are circulating a petition that asks APS to

establish an APS policy on torture and its members' involvement in any activity that could be classified as supporting torture in line with the United Nations policy on Human Rights.

Gerald Koocher has a long history supporting the practice of psychologist participation in national security interrogation settings, including such sites as Guantanamo Bay, Abu Ghraib, and CIA "black sites".

Recently, Dr. Koocher attacked in print another psychologist who spoke about her experience as a member of a blue ribbon APA presidential panel studying APA policy on psychologists and interrogations. This psychologist blew the whistle on a process that was overwhelmingly stacked by pro-Department of Defense personnel. Koocher ridiculed her in public as having a "lack of boundaries" and a "troubled upbringing".

Wollongong contra Koocher

In a letter to the Australian publication InPsych, and published earlier this month, a number of lecturers and students at the Psychology Department, University of Queensland, including the clinical director, described the situation (thanks to Stephen Soldz for the link):

In an earlier ABC [Australian Broadcasting Company] program, Lateline, on March 26, [2007] the US bioethicist Stephen Miles made the point that since psychiatrists (and other bodies representing health professionals in the USA) have come out against involvement in ‘interrogations’ like those carried out at Guantanamo, the US Defense Department now approves only of psychologists to participate in the organisation or management of interrogation teams. This is because the APA took the position that it’s OK to participate in such interrogations - something that has put it in opposition to other health professions, even if it recommends it to the US defence establishment.

The APA was at that time under the presidency of Dr Koocher, and he was actively involved in organising the APA’s response to the criticism in the media and by some psychologists that the involvement was contrary to the ‘do no harm’ principle underlying its professional code. Dr Koocher used his APA presidency to defuse criticism of the APA’s soft stance on psychologists’ involvement in interrogations that many rightly see as torture. Dr Koocher is criticised by a number of APA members, and also the wider media, because he refused to condemn the involvement, is seen as having helped the APA to exculpate psychologists involved in torture, and to prevent it from endorsing clear and unequivocal rejection of this involvement.

As an example of the possible shenanigans over at Australian Psychological Society (APS), Arthur Veno, who is a scheduled speaker at the APS conference, and was supposed to also receive an award at same conference, found himself and a colleague left off the printed conference program. An error or dirty tricks? We can't be sure, but Dr. Veno is a noted critic of APA's policy. But to me, it certainly sounds familiar. Meanwhile, Dr. Veno has requested that APS allow circulation of the petition to all APS members.

For those interested, the text of the petitition is as follows. Please sign (I saw about 70 signatories last count, but growing rapidly):

In light of a letter... from our colleagues at the University of Wollongong, Australia, appearing in "Letters to the Editor" of InPsych, dated 10 September 2007 and subsequent investigation regarding the standpoint of past president of the APA, G. P. Koocher - invited as keynote speaker to the Australian Psychologists Society's Conference in Brisbane, this petition is made.

There appears to be neither an APS policy with respect to torture nor APS members' involvement in government sanctioned torture.

Hence, no formal organisational response to the APA is possible, even if the APS wished to do so.

Therefore, we ask other APS Members, and sympathising colleagues internationally, to join with us in petitioning the APS Board to take urgent action to:

establish an APS policy on torture and its members' involvement in any activity that could be classified as supporting torture in line with the United Nations policy on Human Rights and

resolve how the APS should respond to the APA with respect to its policy regarding its members' involvement with torture.

To get to the petition --- http://criminologyonline.swahs.uq.edu.au/

Over on the right hand side of the screen, go to ORF – Online Research Facility. Then use this password: apsconf

Australian Politics: Innocent Naivete or Cynical Bush Alliance?

Amanda Gordon, APS President, has supposedly assured opponents of current APA policy that the Australian society has much less to worry about with its own government vis-a-vis the interrogation issue than their U.S. colleagues. That sounds dubious to me. For instance, The Sydney Morning Herald reported on claims that an Australian official was present during the torture of Mamdouh Habib, an Australian national that the U.S. sent via secret rendition to Egypt to be tortured. He was later released from Guantanamo Bay.

Then there are the amendments to the Australian Security Intelligence Organisation (ASIO) Act of 1979 (also known as the ASIO Terrorist Act), passed by the John Howard government:

The amendments have given ASIO the power to detain anybody over the age of 16 who may be able to provide information relating to a terrorism offence, regardless of whether they are themselves suspected of being linked with terrorism. Detention can last up to 7 days, with questioning for a maximum of 48 hours.

Critics have objected to the inclusion of children in the legislation, as well as the length of detention and the focus on non-suspects....

Those detained are obligated to answer all questions and produce 'any record or thing' requested by ASIO, or face a penalty of 5 years imprisonment, the only exception being if they do not have the information, where the onus of proof is on the subject of the warrant. This means that those detained under these laws are denied the common law 'right to silence' - that is the right not to produce information which may incriminate them, as well as the right to be presumed innocent until proven guilty.

These facts, and more, point to a state apparatus in Australia that is subservient to U.S. policies, and more than likely not uninterested in what takes place in Australian psychology politics, even in places as far afield as Wollongong.

I've long insisted that the seeming playpen politics of state and national psychology associations are in reality crucial battlefronts in the fight for human rights and civil liberties in this era of the so-called "war on terror". All interested parties should support the APS petitioners in their protest.

Wednesday, September 5, 2007

The Empire Strikes Back: APA Tops Lash Out at Anti-Torture Opponents

While few may be aware of it, the battle to keep Bush's torture camps and "black sites" operational continues in listservs and little-known websites and state psychological association meeting rooms. The situation is heating up, fueled by charges of slander, corrupt practices, and accusations and denials -- all under the looming shadow of Senator Levin's pending Senate hearings on psychologists and torture, due this fall.

There are two plot lines, for those trying to understand what's happening:

1) Military psychologists who work for the Pentagon's Survival, Evasion, Rescue, and Escape program (SERE), meant to "stress innoculate" U.S. pilots and officers against POW interrogation by hostile forces, were implicated by the Pentagon's own Inspector General in reverse-engineering SERE training methods to produce torture; and that these methods were spread from forward bases in Afghanistan to Abu Ghraib, Guantanamo, and CIA "black site" prisons holding Bush's "war on terror" "enemy combatants". (One ex-President of the APA has already been swept up via association, with some of these SERE-influenced accused torturers.)

2) The APA passed a "reaffirmation" of their 2006 resolution against torture. The 2007 resolution refused to ban psychologist participation at prison sites where indefinite detention, sensory deprivation or overload, or sleep deprivation were inflicted upon prisoners (at least insofar at they didn't cause "significant" or "lasting" harm -- itself an abandonment of APA's ethical aspiration to "to benefit those with whom they work and take care to do no harm").

How Torture Task Force Was Manipulated

At the APA convention where the issue was "debated" (only Council of Representative members are allowed to vote on resolutions), a member of the APA Presidential Task Force (PENS) that helped create the 2006 resolution, Jean Maria Arrigo, spoke out forcefully about how political pressures were placed upon the task force, beginning with the stacking of its membership with military psychologists, in order to bring about a set of positions that would be consistent with Pentagon and Bush Administration needs. Dr. Arrigo's presentation was later publicized by Amy Goodman at Democracy Now! The result? A torrent of invective and mea culpa from APA leadership.

What follows is a selection of Dr. Arrigo's statement. The quote is long, but very important and revealing about how "democracy" really works in our contemporary institutions.

When appointed to the task force in April 2005, I looked forward to a fruitful collaboration with six members employed by the Department of Defense.

Although perplexed and disturbed by our PENS report in June 2005, I did not take any public action for months. Gerald Koocher's President's Column in the February 2006 issue of the APA Monitor first alerted me to my responsibility. Koocher represented the task force -- the PENS report as the product of an independent ten-member task force. I knew it was not independent....

So the first irregularity was APA board liaisons who interfered in task force business. As I learned from these other insiders, APA task forces typically have only one liaison from the APA board. The liaison's role is to coordinate with the task force, but not to make decisions or to intervene in task force business. For us, a second board liaison was added: President-Elect Gerald Koocher. He exerted strong control over task force decisions, as evidenced in the PENS listserv, printed matter, and he censured dissidents.

For example, the last item in the task force mandate from the APA board was the question, "Has APA responded strongly enough to media accounts of activities that have occurred at Abu Ghraib and Guantanamo?" Nothing in the mandate precluded our recommending an investigation. But Koocher emphatically denied this possibility and castigated the person who raised the issue. He also personally took a very strong stand against the APA adopting strict international law, rather than permissive US law, in defining torture....

The second irregularity were observers who intervened or who had conflicts of interest. Task force meetings typically have no observers or only expert consultants invited in briefly. The following people sat in on our task force meeting: Russ Newman, Director of the APA Practice Directorate; four members from Science Policy or Science Directorate, Susan Brandon, Steven Breckler, Heather Kelly, Geoff Mumford; the APA Office of Public Affairs publicist Rhea Farberman; Mel Gravitz, a former director of the Navy Internship Program; and an APA intern, whose name I didn’t catch.

Russ Newman, who is the head of the Practice Directorate, took a lead role and prevailed with these principles: that the task force mission was to put out the fires of controversy right away, that we would keep the proceedings confidential so as not to feed the fire, that the PENS report must express unity, and that only a couple of people would speak for the task force....

Dr. Arrigo then went on to detail the links between the task force "civilian" observers and the Department of Defense. Courageously, she was not afraid to name names (some of which I have highlighted in similar ways but other contexts):

Numerous announcements at the APA's online Science Insider Policy News, or SPIN, show the four observers associated with APA Science Policy to be very high-level lobbyists for DOD funding, people who would meet with very high-level DOD people and congressional leaders and so on. For example, in October 2004, Geoff Mumford and Heather Kelly met with the DOD Counterintelligence Field Activity Agency -- that’s CIFA -- which allocates resources. At that time, one of the DOD task force members headed CIFA's Behavioral Sciences Directorate, where he supervised "20 psychologists and a multi-million dollar budget," There were many such reports on SPIN. Now, this is not to criticize at all the APA for lobbying DOD funders, OK? The criticism I’m making is that these observers had a very highly vested interest in a PENS report which was compatible with DOD policy, because they’re seeking DOD funding....

A third matter is an unbalanced task force [link added by Valtin, to list of task force member bios]. Six of the ten members were highly placed in the Department of Defense, as contracts and military officers. For example, one was the commander of all military psychologists....

There were also two APA outsiders, you know, finishing out the ten. One resigned in protest in February 2006, and I am here regrettably as a dissident member....

By majority vote -- all but the two outsiders -- the task force imposed confidentiality on the proceedings. There was also an informal ban on note-taking at the meeting. On the first afternoon, a military psychologist sharply told me not to take notes, and no one gainsaid him. After that I took only brief notes, and nobody else appeared to take any notes, except for the Director of the Ethics Office who prepared our report. Because of the severe conflicts of interest of the observers and the liaison with DOD members, I call this one-sided secrecy.

No task force member was permitted to speak about the PENS report. Two non-members of the task force were authorized to field all public inquiries: that is, the Director of the APA Ethics Office and the APA publicist....

A Counterintelligence Expert Speaks Up

Dr. Arrigo continued:

In trying to understand this a couple years afterwards, I finally consulted with two retired intelligence operatives. David DeBatto served in the Sunni Triangle of Iraq as a Team Leader of the Elite Tactical Human Intelligence team....

DeBatto interpreted the PENS task force process as a typical legitimization process for a decision made at a higher level in the Department of Defense. Because of the hierarchical structure of the DOD, he said, it was absolutely impossible that the six DOD members of the task force participated as individuals bringing their expertise and judgment to the policy issues at hand for [inaudible]. He said that they were certainly there as representatives of the decision maker. And because the decision maker's decision had to be sustained, had to prevail, a quorum of DOD members was necessary, rather than just one or two to express DOD concerns.

The presence of the APA Science Policy observers, DeBatto said, was a standard intimidation tactic to insure the DOD task force members stayed in line. As funding lobbyists and recipients, they were strictly beholden to DOD interests. In effect, they outranked the DOD task force members because of their high-level connections.

Zeus Fires His Thunderbolts

Gerald Koocher, who is described by Arrigo as exerting "strong control over task force decisions", fired back at Arrigo with an "Open Letter to Amy Goodman", which can be found at his website. Koocher was angry:

Dr. Jean Maria Arrigo recently spoke on “Democracy Now” and made a substantial number of false and defamatory allegations regarding me and other members and staff of the American Psychological Association. She also omitted mention of several factors regarding personal her biases [sic] and troubled past....

Koocher takes exception at Arrigo's characterization the PENS panel was stacked with military representatives, but ignores her documentation of multiple and pervasive links of many civilian members to the Department of Defense. He then tries to minimize his role, i.e., he was "only" there for the "six hours of the two day meeting" -- almost the complete first day!

Here are the facts. The PENS group was officially the Presidential Task Force on Psychological Ethics and National Security. It was appointed by 2005 APA President Ronald F. Levant. The Board of Director’s liaison was Dr. Barry Anton of the University of Puget Sound. Because Dr. Levant could not attend the meeting, I (as 2006 President) represented him at the start of the meeting to help the group understand it’s charge and . [sic -- Dr. K really did a poor proofreading job!) I was present for only the first six hours of the two day meeting.
And then, in a twist of logic and psychological motivation that I will leave others to unravel, Koocher offered that Dr. Arrigo's childhood traumas had made her advocate

...a broad expansion of the task force's mission and scope. At that time I spoke up, expressed sadness and respect for her traumatic life experiences, but noted that the task force had been budgeted for a single 2-day meeting and had a highly specific charge (i.e., to recommend to the Ethics Committee - the only body authorized to interpret our ethics code - what guidance might be offered to our members who found themselves in roles involving such matters). It was Dr. Arrigo, not me, who sought to intervene in the business of the task force, and who became embittered when she was rebuffed by the full group.

Imagine that! Dr. Arrigo, a task force member, "sought to intervene in the business of the task force"! What arrogance! Why didn't she do what she was told? Instead she became "embittered". Which leads us to Dr. Koocher's thundering, accusatory conclusion:

Until now, I had remained respectfully silent in public regarding Dr. Arrigo’s biases, history of personal trauma, and lack of boundaries, but will no longer do so. Her behavior during the portions of the meeting I attended, and in subsequent public forums, has underscored the sad emotional aftermath of a troubled upbringing...

I have left out a serious false charge made by Dr. Koocher against a relative of Dr. Arrigo's, as I don't wish to further his agenda by retailing it in this forum.

Bluster, False Charges, and "Bad Eggs"

Now, Dr. Koocher's bizarre letter is followed by a more restrained missive from the former chair of the PENS Task Force, Dr. Olivia Moorehead-Slaughter, who also means to answer the Goodman/Arrigo posting. Circulated on the listserv for the APA's Council of Representatives, it has the imprimatur of APA President Sharon Brehm. The letter is long, and since this posting is itself already way too long (have you really read it this far?), I'll only note a few things from it. (I also have no online link for others to assess it fairly themselves. I'll post one should it become available.)

Dr. Moorehead-Slaughter defends her work on the PENS task force. She finds it prudent -- although I don't know why, since I can find no evidence anyone ever made such charges -- to state:

I have never worked in any capacity for the CIA, the FBI, or the Department of Defense....I have never received monies or compensation of any nature from APA for my time.... When I was asked to chair the PENS Task Force, I accepted. At no point was there any mention of compensation, reward, benefit, or other inducement for serving in this role or for coming to a particular position on the substantive issues. Any other suggestion is, quite frankly, an insult to my integrity.

While generally more restrained than Koocher's blustering letter, Moorehead-Slaughter sets up one false premise and charge after another, so she can shoot it down and look both injured and virtuous. But nowhere does she mention Koocher's charges, nor does she or Koocher or anyone in the APA majority on this issue state any moral uncertainties, any misgivings about what has happened in Bush's gulag-like prisons, any regret over the misuse of psychological knowledge and authority. If anything, they are mildly uncomfortable that they even have to admit occasionally, as psychiatrist Charles Morgan did at the APA conference, "there may have been a few bad eggs."

Fight to Stop Collaboration with Torture Practices

The APA leadership can only respond with shrill personal charges and strained fabrications because they have no real answer to the truth. That truth is dark and difficult to accept, especially among those who put their faith in long-lasting American institutions. And, cynically, the Pentagon and CIA types who wish to maintain the monopoly of force in interrogations, and over their prisoners and political opponents in Bush's Asian and Middle East military adventures, count on this otherwise healthy incredulity. As Senate hearings near, we can expect more invective and/or obfuscation from 1333 16th St., NW, as well as from numerous pundits, generals, ex-military psychologists, ivory-tower researchers, and others too numerous to mention... even from some who sincerely believe they are doing the right thing in supporting APA and the Pentagon's position on interrogations.

Now is the time to support those psychologists and anti-torture activists who are fighting to stop abusive practices by the U.S. government. Write your Senators and Congressmen/women, tell them to support Sen. Levin's hearings (with which, to be fair, APA officially promises cooperation), and that we need to get to the bottom of what has really happened with the use of torture and the collaboration of behavioral science right now, and since the beginning of the "war on terror", and even more, since the Cold War itself.

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