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Rumsfeld can override Pentagon policy barring torture

By Sydney Morning Herald

11/10/05 "
SMH" -- -- Washington: The US Defence Secretary, Donald Rumsfeld, can authorise exceptions to a new Pentagon policy on military interrogations that bars torture and calls for "humane" treatment of detainees.

The new directive lays out broad policy governing interrogations of detainees in Department of Defence custody, but leaves the definition of "humane" to a separate, yet to be released, directive that is still being debated in the Bush Administration.

A little-noticed loophole in the directive gives the Defence Secretary or his deputy authority to override the policy.

A Pentagon spokesman said on Wednesday that there was nothing unusual about the caveat because a defence secretary always had the authority to change or modify policy he had made. "Any deviation from the policy would have to be approved," he said.

The language in the directive echoes a struggle between the White House and members of Congress over a proposed amendment to the defence spending bill that would ban outright "cruel, inhuman and degrading treatment of prisoners in the detention of the US government". The Vice-President, Dick Cheney, has reportedly pressed Senator John McCain, the amendment's sponsor, to exempt the CIA from the ban.

The White House has denied it is seeking an "exemption for torture" for the CIA, despite President George Bush's threat to veto the legislation.

It was also revealed on Wednesday that the CIA's inspector-general warned last year that interrogation procedures approved by the Bush Administration could violate the UN convention against torture.

■ The Pentagon said on Wednesday it would not seek the death penalty against any of the five Guantanamo Bay prisoners charged this week.

Agence France-Presse, Reuters, The Guardian

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