Barack Obama is set to rule on the release of three secret memos from the Bush years that authorised the use of
torture at the
Guantánamo Bay and CIA detention centres round the world.
He has to make a decision on whether to release the memos drawn up by US lawyers in 2005 that sanctioned the use of waterboarding, which simulates drowning. He could withhold the memos completely or order a partial release with parts redacted.
The American Civil Liberties Union, one of the biggest civil rights organisations in the US, has been fighting for release of the memos under the Freedom of Information Act. A federal court set today as the deadline for the
Obama administration to either release the documents or provide an explanation of why it was refusing to do so.
The ACLU said: "The memos reportedly provided legal justification for the CIA's use of interrogation methods." It added that the memos also reportedly provided legal cover for the CIA's interrogation methods in anticipation of legislation passing through Congress in 2005 that outlawed "cruel, inhuman or degrading treatment".
The Bush administration, in particular former vice-president Dick Cheney, claimed that waterboarding did not amount to torture but the Obama administration has ruled that it is. Obama ordered the closure of Guantánamo and the CIA secret detention sites abroad.
In spite of that, civil rights organisations have been disappointed by a series of rulings by the Obama administration that have protected a lot of material relating to Guantánamo and the sites abroad.
The Wall Street Journal yesterday reported that the attorney-general, Eric Holder, and Denis Blair, the director of national intelligence, favoured release of the memos but that the CIA was opposed, and it was left to the president to decide.