asset_upload_file293_38710 Panasonic KV-S2048C S2046C S2026C

OFFICE OF THE SECRETARY OF DEFENSE
COpy NUM·BER ONE
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otherwiseprohibitedby policy. Noneofthesetech·
niques have ever been approled in ,Afghanistan.
Ofthese, three (marked.with X) are allegedtohave
.been employed during interrogations. These tech..
niques • sleep depriv4.tioIlt the use. of scenarios
designed to convince the detainee that death or
severely painful consequences are imminent for
him and/or his family,and beating· are alleged to
have been.used in the incidents leading to thet"\Vo
deaths at Bagram in December 2002, which are
described at greater length .later in this report.
(SfliP) . The: ·beba\iri;· ... all~ged'~ bt' :: the .
n~~e~':'200~ Ba~·:~~auL~s·.~ d~i~':
ab~i~~~ "~d" ci~iy· ':not .in ~~~g: .~th·. iUi.Y ~
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mst~D#e~:··.th~· de.a.ths·foU.~ ii?:tert~gati9.h ·ses:.'
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fight ~:r :~~:uri~ti~tYt 'th~ i~ea ~~ :~risid~.
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'Migration ~~ Int~ogat1on
Tecbniqde."f~.
(U)' EariyMigration
JiI8ii1.lAte...RU. '. Afghanistan
OFFICE OF THE SECRETARY OF DEFENSE
228
DOD-059619
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OFFICE OF·THE SECRETARY OF DEFENSE
COpy~
235
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OFFICE OF THE SECRETARY OF DEFENSE
COpy Nt JMRRR ONE
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DOD-059620

“The failure to perform a public duty...Misprision is a versatile word that can denote a number of offenses. It can refer to the improper performance of an official duty...The most familiar and popular use of the term misprision describes the failure to report a crime....The first Congress passed a misprision of felony statute in 1789. The statute holds, "Whoever, having knowledge of the actual commission of a felony … conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States" is guilty of misprision of felony and can be punished with up to three years in prison.

Under the federal statute, the prosecution must prove the following elements to obtain a misprision of felony conviction:

(1)another person actually committed a felony;
(2)the defendant knew that the felony was committed;
(3)the defendant did not notify any law enforcement or judicial officer; and
(4)the defendant took affirmative steps to conceal the felony.”