Name: Mild, non-injurious physical contact, e.g. grabbing, poking, or light pushing (aka "a little bit of smacky face")

Source: Decision Memorandum from Defense Department General Counsel William Haynes II to Secretary of Defense Donald Rumsfeld, for commander, U.S. Southern Command, Dec. 2, 2002

Description: Physical contact can result in mild injuries such as cuts, bruises, and abrasions. In some cases, it can also result in broken or dislocated limbs.

Physical, Psychological, or Other Effects: Severe emotional distress; paranoia; physical manifestations of the fear such as high heart rate, increased blood pressure, and uncontrolled urination and defecation.

Locations Used: Iraq, Guantanamo Bay, Afghanistan

Legal Opinion: International law is relatively permissive about actions at the point of capture. Unless it reflects a serious breach of the rules of engagement or a wanton act of cruelty, physical force used at the point of capture rarely rises to the level of a crime. But the law generally assumes that the need for force declines as the detainee is transported away from the front line. Physical force in the confines of a detention facility may quickly rise to a level of physical coercion that violates the Geneva Conventions. Administration lawyers took the position, however, that Geneva did not protect the detainees at Guantanamo Bay, and therefore any physical contact that did not create severe pain and suffereing (and thus violate the CAT) was legal. Military law is less forgiving. "The use of physical contact with the detainee, such as pushing and poking, will technically constitute an assault under Article 128, UCMJ." Such contact may also constitute cruelty and maltreatment of a detainee, a crime under military law. Likewise, civilian personnel who assault detainees during interrogations may be prosecuted under the federal criminal statute for assault, which applies to U.S. military missions abroad through a provision of the USA Patriot Act. This legal theory is being used by the government to prosecute CIA contractor David Passaro for an assault that led to the death of an Afghan detainee.