Waterboarding is torture - I did it myself, says US advisor

Michael Mukasey, a retired federal judge from New York and a veteran of several al-Qa'ida trials, was questioned by a Senate committee on Tuesday and refused to say whether waterboarding was illegal.

Instead, he called the technique "repugnant to me" and promised to investigate further if he was confirmed in the job. He explained that he could not say yet whether the practice was illegal because he had not been briefed on the secret methods of US interrogators and he did not want to put the CIA officers who used it in "personal legal jeopardy".

Even though Congress banned waterboarding in the US military in 2005, it did not do so for the CIA. As a result, Mr Mukasey told senators, it was uncertain whether this technique or other harsh methods constituted "cruel, inhuman or degrading" treatment. His answers did not satisfy the Democrats, however, and his approval now hinges on whether he is willing to say the torture method is against US law.

In a further embarrassment for Mr Bush yesterday, Malcolm Nance, an advisor on terrorism to the US departments of Homeland Security, Special Operations and Intelligence, publicly denounced the practice. He revealed that waterboarding is used in training at the US Navy's Survival, Evasion, Resistance and Escape School in San Diego, and claimed to have witnessed and supervised "hundreds" of waterboarding exercises. Although these last only a few minutes and take place under medical supervision, he concluded that "waterboarding is a torture technique – period".