Reading Room Document
Application of the Detainee Treatment Act to Conditions of Confinement at Central Intetiigence Agency Detention Facilities
This opinion, which is partially redacted, examines if the six standard conditions of confinement at the CIA detention facilities in question (blindfolding, shaving, solitary confinement, playing white noise, illuminating the cells, and leg shackles) are legal under the Detainee Treatment Act of 2005 ("DTA"). The opinion concludes that these conditions are consistent with the DTA, since the relevant standard is the "shock the conscience" test under the Fifth Amendment, and none of the six conditions, viewed separately or collectively, shocks the conscience. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/file/886291/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit