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I. Effects of GHz radiation on the human nervous system: Recent developments in the technology of political control (Harlan E. Girard, 1991); II. Girard’s Lawsuit Against the U.S.A. (1998)

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February 9, 2024

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February 25, 2014

Jerry Smith on HAARP

February 25, 2014

Bruce Gagnon, Researcher

February 25, 2014

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February 23, 2014

I. Effects of GHz radiation on the human nervous system: Recent developments in the technology of political control

Paper presented by Harlan E. Girard, Philadelphia, NATO Advanced Research Workshop on Coherent and Emergent Phenomena in Biomolecular Systems, The University of Arizona, January 15-1991

Abstract – The United States has developed communications equipment which can make the blind see, the deaf hear and the lame walk. It can relieve the terminally ill of all pain, without the use of any drugs. A man might retain the use of all his faculties up until the day of his death.

This communications equipment depends on a new way of looking at the human brain and neuromuscular system, and gigahertz radiation pulsed at ultra-low frequencies.

Some of this equipment is now operational within the Central Intelligence Agency and the Federal Bureau of Investigation. It will never be used to make the blind see and the deaf hear and the lame walk because its use is central to the domestic political agenda and foreign policy of James A. Baker and George Herbert Walker Bush.

Domestically, the new communications equipment is being used to torture and murder persons who match profiles imagined to be able to screen a given population for terrorists, to torture and murder citizens who belong to organizations which promote peace and development in Central America, to torture and murder citizens who belong to organizations opposed to the deployment and use of nuclear weapons, and to create a race of slaves called Automatons or what is popularly called the Manchurian Candidate.

Overseas, experimentation is taking place on hostages held by the United States in Canada, Great Britain, Australia, Germany, Finland and France. In addition, there has been a long series of bizarre suicides among British computer scientists, all of whom had some connection to the United States Navy.

Considenng how recklessly, wantonly and indiscriminately America’s new weapons have been used, physicians attending the dead and dying should consider the patients known political views and associations before making a diagnosis or conducting an autopsy.


In 1988 the Office of Technology Assessment of the Congress of the United States published a special report titled. Criminal Justice: New Technologies and the Constitution. The report surveys the new technologies used in the investigation, apprehension, and confinement of criminals and addresses that delicate balance to be maintained between the national interest and individual rights.

As welcome as this report is to those of us who are interested in a government of law rather than of men, it manages to omit any discussion of the use of directed energy weapons from the section on less than lethal weapons. For instance, a weapon has been developed to paralyze a person at a distance, through a brick wall, if necessary. This weapon was developed during 1983-4 for use in situations where hostages are being held. A variation of this weapon has been purchased by the Marine Corps, for confusing and disorienting the enemy.

American weapons research has centered on pulsed radiation in the gigahertz frequency band for a very interesting reason. In 1972, the Department of the Army researched Soviet and other foreign literature sources and discovered over 500 studies devoted to the biological effects of SHF – super-high frequency electromagnetic oscillations. (1)

SHF may have potential use as a technique for altering human behavior. …Lethal and non-lethal aspects have been shown to exist. In certain non-lethal exposures, definite behavioral changes have occurred. There also appears to be a change in mammals, when exposed to SHF, in sensitivity to sound, light, and olfactory stimuli.

The significance of this intelligence document in terms of the medical experiments commissioned by the Central Intelligence Agency since 1976 is that emphasis in this report is placed on influencing individuals as opposed to groups.

Secondly, this report is a trend study and therefore contains statements predicting Soviet knowledge and capabilities for influencing human behavior up to fifteen years ahead, or 1987. It foreshadows the enormous effort put into behavior control experiments employing the use of masers and microwave beam weapons on involuntary human subjects during the Reagan-Bush regime.

Thirdly, despite the report’s title. Controlled Offensive Behavior – USSR. it opens with a chapter describing the use of torture on Catholic prisoners in British jails in Northern Ireland. The inclusion of this chapter at all, and its position at the front of the report. clearly is intended to suggest that it is permissible for the United States to torture its own citizens because these methods are being used by our very civilized cousins in Britain, and not only barbarians in the Soviet Union.

Fourthly, the report states that, The purpose of mind altering techniques is to create one or more of several different possible states in the conscious or unconscious area of the brain. The ultimate goal of controlled offensive behavior might well be the total submission of one’s will to some outside force.

After discussing some of the possible states short of complete submission which may be the goal of Soviet research in behavior control, the author states, Since the desired end product of this type of research is some change in the human mind, only the non-lethal aspects are discussed in this report. It should be remembered, however, that some techniques have lethal thresholds.

In the current round of American behavior control experiments, no allowance is made for lethal thresholds. The use of involuntary human subjects provided by the Central Intelligence Agency precludes the necessity for researchers to consider lethal thresholds and legal consequences.

A curious situation has emerged in which torturers and murderers attend our meetings, address us on the failings of our own research, and misdirect us with papers on the benign effects of incubating eggs in 60-Herz magnetic fields, in order to buy time for their own well paid and frequently lethal experiments on involuntary human subjects.

Another document which will be of interest to those wishing background information concerning the technology of political control is The Search for the Manchurian Candidate: The CIA and Mind Control by John Marks. It was published in 1977 but has recently 1,1988) been reprinted by Dell Publishing, with an introduction by Thomas Powers.

Of special interest are the.chapters concerning experiments with electrodes in the brain, which were the true forerunner of current experimentation involving invading the human brain and nervous system with gigahertz frequency masers and microwave beam weapons.

Of particular interest in the light of current developments are two paragraphs in the very last chapter which concern a Boston-based CIA front organization, the Scientific Engineering Institute, which still exists, not so incidentally. The SEI was initially established to do research on radar! In the 1960’s the SEI added a wing devoted to life sciences, and hired a group of behavioral and medical scientists.

Marks reports, One veteran recalls a colleague joking, If you could find the natural radio frequency of a person’s sphincter, you could make him run out of the room real fast. Turning serious, the veteran states the technique was plausible. and he notes that many of The crazy ideas bandied about at lunch developed into concrete projects. Just how concrete that proposal to find the natural radio frequency of the human anal (and penile) sphincter became, Marks had no way of knowing at the lime he wrote his book.

Lastly, I would like to cite another Defense Intelligence Agency report also prepared by the US Army. It is titled. Biological Effects of Electromagnetic Radiation (Radiowaves and Microwaves) Eurasian Communist Countries. It was published by the Defense Intelligence Agency in March, 1976.

The importance of this report rests not on its content, much of which seems to remain classified, but in its acknowledgement of a shift in focus, in less than four years from a wide range of behavior control interests to just one, electromagnetic radiation.

The date of this report is also significant; it was published just as George Herbert Walker Bush became Director of Central Intelligence. Experiments on involuntary human subjects were rapidly authorized by the new Director, but outside of the United States because of the wrath of Congress at that time.

An experiment was begun in Edmonton. Alberta. Canada, under the aegis of an American oil company with which the DCI was on friendly terms. It consisted initially of blasting a man’s brain with the microwave analog of sound waves for 2-3 hours a day. This has the effect of producing auditory hallucinations.

For an explanation of how audible voices are broadcast directly into the brain, see _Microwave Auditory Effects and Applications_, James C. Lin, Ph.D., Thomas Springfield, ll, 1978. For audible volces and their uses in intelligence operations also see _The Body Electric; Electromagnetism and the Foundation of Life_, Robert D. Becker, M.D. and Gary Selden, Morrow, N.Y., 1985, particularly pages 317 et seq.


A further discussion of events leading up the present series of mind control experiments will have to await another occasion, in favor of a discussion of the technology ef which the United States is now possessed.

As I have already indicated, one of the principal features of the weapon system is its ability to produce auditory effects, or hallucinations. Using these effects to broadcast defeat into the minds of the enemy was a particular dream of Lt. Gen. Leonard Perroots, U.SA.F. He hired droves of consultants to tell him how to use a microwave beam to implant ideas in the mind of the enemy, and to be perfectly fair, to urge on his own troops to superhuman deeds of valor.

One consultant I have spoken with advised Perroots that it is no more possible to implant ideas in the brain with microwaves than it is possible to implant ideas in a computer with microwaves. He pointed out the impossibility of knowing where any particular bit of information is stored.

The effect this had on Perroots was really quite predictable, considering the hubris of the man, and his access to unlimited amounts of money through the bloated, American defense budget. He kept on hiring consultants until he found one who promised him results, knowing that he, Perroots, would be long retired before anyone could safely say his fair- haired boy was a charlatan.

The smug complacency of the former consultant I spoke with was equally predictable. When I confronted him with the fact that medical atrocities are being committed on innocent human beings, he refused to discuss the subject with me until I could describe the process to him. Subsequently, I stumbled across Lin’s book on microwave auditory effects.

I called the former consultant back again, and again implored him to step forward and be counted. This time, confronted with the process being used, he told me that I had to expiain to him the mechanism by which microwaves produce auditory effects! Changing tack, I told him that the mechanism is irrelevant; the process is being used on slave labor in efforts to create the Manchurian Candidate.

His reaction was just as predictable as Perroots’, given the isolation and arrogance of academia. He assured me that such experiments couldn’t be going on because HE had Forestalled that happening. HE had told Lt. Gen. Perroois that it couldn’t be done, so Perroots had gone out to fly a kite and forgotten about it.

Actually, that is what should have happened Instead, Perroots turned to a man who promised him results. This man remembered the microwave analog audiograms used by Dr. Joseph Sharp to beam auditory hallucinations into his own head at the Walter Reed Army Institute of Research in 1973. He promised Perroots that he would talk a human being to death if he was furnished with the equipment Sharp had used at Walter Reed, a slave, and personal security.

This was the origin of the medical atrocities which begin in Edmonton, Alberta in 1976, under the protection of the Central Intelligence Agency, and continue to this day.

By the fall of 1983, experiments had produced some communications equipment which far exceeded the simple dream of broadcasting defeat into the minds of the enemy. It is not only capable of producing auditory hallucinations, but visual hallucinations as well. The visual hallucinations have been described to me by a German artist, on whom t6his equipment is being used involuntarily, as having the quality of 35mm color slides.

Besides these sensory hallucinations, the same equipment can be used to block all sensation. It is being used to distort and even completely block all senses. With it the ultimate in sensory deprivation experiments can be performed. There’s no peaking under the electromagnetic blindfold this equipment creates.

I should mention in this context, that the Central Intelligence Agency now has at its disposal the most evil, the most cunning torture devised by any government in all of human history. It is truly satanic in its moral and ethical implications. It is a torture which is commensurate with the degeneracy of a nation which is prepared and well on its way to polluting all life on earth into extinction.

The torture I am writing of I can only describe as thought deprivation. It is used in conjunction with sensory deprivation but it is in fact sensory deprivation times 10^(10).

We are all familiar with the sensation of being exposed to very loud noises. They are irritating, and we try to remove ourselves from them. We might say, It’s so noisy in here, I can’t hear myself think.

Human beings perceive thought as audible sound. It is something which we hear. We listen to ourselves think. This quality of listening to ourselves think, of hearing our own thoughts, can be extinguished by this device, so that it is _not_ possible to hear oneself think.

I have no idea how this effect is produced. It may be accomplished by playing a signal into the auditory nerve at such a high power that it does in fact drown out the sound of all thought, but I do not believe that is how it is being done. I do not know enough about the physiology of the brain to explain how it might be done, but the Central Intelligence Agency can do it with the mind control technology at its disposal.

That is the bad news. The good news is that one continues to think even if one cannot hear oneself think. Do not panic. There is nothing to fear.

On the other hand, our thought process is what distinguishes man from other forms of life. Cogito ergo sum. But cogito is no longer necessarily possible. Where does this leave sum?

Furthermore, this communications equipment is able to produce pain, enormous amounts of pain. Pain is only another nerve signal, and pain is applied in great quantities in the torture regimen.

Sometimes the pain is specific and describable, more often it is general and indescribable. It is very much like being immersed in water, only it isn’t water it is pain The pain surges and laps at one. like water.

I have also described this pain as being very much like having an electric current passing through one’s body. It is like having one’s finger held in an electric socket and being unable to turn the current off. Except, this torture is used for years on end.

A skeptic might well ask why. if the United States has such equipment, it is being used to torture innocents and not Saddam Hussein. The answer is the cowardice factor.

It is quite one thing to torture innocents for a few hours a day, a few days a week, and then retire to a nearby hotel to soak your liver in beer served from frosty mugs. It is quite another to spend your afternoons and evenings in Baghdad, confined to a room commensurate with your cover story, because you don’t speak Arabic, wondering how soon you will be betrayed.

This is the cowardice factor. What good is it to earn big bucks if your life is put at risk? Patriotism? Forget about it. Torturing a man through a cinder block wall is the ultimate act of cowardice. The mere invention is a reflection of the complete moral and physical corruption of American society.

But America is also an intellectually corrupt country. Once the Central Intelligence Agency had discovered the Fountain of Death, it didn’t know how to use it. The best idea they could come up with was to resurrect the protocols of the infamous Dr. Ewen Cameron, substituting the new technology for the low tech equipment he had employed.

Readers who are interested in the protocols of the deranged Dr. Cameron may consult John Marks’ book, cited earlier. There have recently been several books published on the subject of Cameron, as well. This new interest resulted from survivors of his medical atrocities suing the CIA for compensation.

Among the books recently published, I would recommend Journey Into Madness by Clordon Thomas. The American edition came out in May, 1990.

A skeptic might also ask how it is possible to apply the Cameron brainwashing technique, called de-patterning, to an American citizen in the privacy of his own home. This is in fact the $64 dollar question, with no obvious answer to rational men and women.

Firstly, every effort is made to incarcerate the victim in a friendly hospital where his or her mind can be crushed at the leisure of the CIA- Failmg this it is usually possible to at least get a false diagnosis from a corrupt physician that the victim has a potential psychiatric problem which may require institutionalization at some future date.

The effort to incarcerate the victim requires the cooperation of someone in the victim’s family or work environment. The Central Intelligence Agency uses the term authority figure to describe this player, because he or she is an authority on the victim, and will step forward at the appropriate moment and demand that the victim be incarcerated or agree with the physician that the victim should be incarnated.

Failing the presence of an authority, the victim may simply be kidnapped and placed in confinement, or the CIA may use unlawfu1 restraint to hold the victim in confinement temporarily. It’s not a pretty picture.

If all attempts at incarceration fail. or when the victim must be released, then the victim is tortured in the privacy of his own home- This is possible because the effects are produced by electromagnetic radiation, which passes freely through seemingly solid walls.

The brainwashing begins by picking victims who are isolated in the first place, preferably living alone, by soliciting the cooperation of the victims friends and acquaintances. In other societies these people wouldn’t be called friends, they would be called informers.

The Central Intelligence Agency then attempts to isolate the individual from people whom they plan to corrupt — the victim’s support network. This is done by making the victim difficult to be with. At the same tune, every effort is made to make the victim suspicious of his friends and colleagues so he will avoid them of his own, free will.

To augment this process, members of the victims support network may simply be purchased to spread rumors concerning the victim, with the intention of further isolating him or her. This aspect of the process may be and is, carried to the extreme of simply murdering members of the victims support network.

The process of discrediting the victim, isolating the victim, is a continuous one, and isolating the victim from members of the opposite sex, particularly potential sex partners, is a central feature of this process.

This is the background. The foreground is the adaptation of the Cameron de-patterning technique. The central feature of this is to use microwave auditory effects in place of the tape player and headset which Cameron used in a part of the process called psychic driving.

The microwave auditory effects are used to humiliate and ridicule the victim, and to express the torturers contempt for the victim, which is also expressed through the application of copious amounts of pain.

Contempt is also expressed by breaking and entering the victims home and burglarizing it on a daily basis. The victim is allowed no privacy whatsoever His every action is commented on disparagingly. This is accomplished by bugging the victim’s home with an array of devices, including video and sound sensors.

The quality of the bugging equipment available to the CIA today is beyond the imagination of the average man. These sensors have been miniaturized to the point where no visual inspection will every discover them. And they are sensitive beyond belief The bugging devices themselves could be the subject of a separate paper.


The Manchurian Candidate in 1990 is quite a different fellow than his 1956 counterpart. He is no longer an hypnotically pre-programmed assassin; his behavior is programmed and fed into a computer, which bio-mechanically drives him to his predetermined and destructive destiny, just like the cruise missiles manufactured by General Electric Aerospace

When I pick up a copy of Biomedica1 Engineering I am struck by the fact that all of the research in it is unnecessary, duplicates research accomplished five to 15 years ago by the Central Intelligence Agency. The difference between our research and theirs is that scientists employed by the CIA work on involuntary human subjects, slaves if you will, furnished to them by their employer. They do not have to be concerned with lethal thresholds.

The process which the microwave weapon employs is described in a paper titled, The Electromagnetic Spectrum in Low-Intensity Conflict, by Cap. Paul E. Tyler, Medical Command, United States Navy. His paper, presented at least a year after the murder which leaves no traces had already been perfected, sets forth the conceptual basis from which the development of the microwave beam weaponry began. It is worth reading.

Captain Tyler’s paper was presented at a workshop conducted by Air University Center for Aerospace Doctrine, Research, and Education in March, 1984. His paper is included in a collection titled, Low-Intensity Conflict and Modern Technology, edited by Lt. Col. David J. Dean, United States Air Force, and published by Air University Press, Maxwell Air Force Base, Alabama in June, 1986. The book is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

If there are skeptics among you, and I hope that there are, the benign results of the Central Intelligence Agency’s research can be seen on television nearly every night. Take a film clip of George Herbert Walker Bush at the end of the Malta summit with President Gorbachev and compare it with a film clip of George Bush campaigning for the Republican nomination in 1988. The pitch of his voice has been significantly lowered, he speaks in complete sentences and no longer in sentence fragments, and his gestures are appropriate to the oratorical point he is making rather than empty and fluttery gesticulations.

I have no problem with the CIA’s enhancing George Bush’s public image. After all, he is former Director of Central Intelligence, and authorized experiments on involuntary human subjects with maser and microwave beam weapons in February, 1976.

I have more trouble with the use of this equipment to neutralize Michael Dukakis’ campaign for President in 1988, by making his public image wooden and plodding.

I have even more trouble with the use of this equipment to bring Kitty Dukakis to the brink of suicide, in order to enhance the prospects of George Bush’s choice of political opponent in 1992. Jesse Jackson. Now that the Supreme Court has been neutralized as an instrument for social justice, neutralizing the Congress has become the Central Intelligence Agencies principal objective. A Jackson nomination is most likely to divide and crush the Democratic Party.

Think about what I have written. Perhaps it will help to explain classified work which is going on in a laboratory near you. Perhaps it will even help to explain work which you have been asked to do.

What do you know about research aimed at the computer control of human beings through masers aimed at acupuncture points, or muscle groups?

What do you know about the torture and rape and murder of persons of both sexes using masers and microwave beam weapons designed to be used in combat training and simulation systems?

What do you know about a magnetic beam weapon, meant to temporarily disable any device employing an electric motor, or transistors, without permanently damaging it?

What do you know about the development of a tactile intelligence exploitation system designed to maintain control of political activists as they travel, anywhere in the world?

If you have such information, have a few words with me before the end of the of Workshop, or speak out on this subject in a forum of your own choosing. The more who speak out, the less likely it is that any one of us will be victimized for what we say.

In any case, only the illusion of Constitutional government remains in the United States. Do not be afraid. The worst is yet to come.


1. This 54 page report went out of print in March, 1990. It is available at libraries which have been designated Government Document Depositories.

2. For a discussion of a similar weapon, see An X-Band Microwave Life-Detection System in IEEE Transactions on Biomedical Engineering, Vol 33, No. 7; July, 1986.

3. This information was leaked by a British scientist to a British investigator, and appears in City limits, London, Aug 9 – Aug 16, 1990. This weapon is described as a microwave pulse radar, and is believed to work by rapidly heating the brain.

4. Super-high frequency radiation is a term applied to wave lengths between a decimeter and centimeter long. It corresponds roughly with a frequency range of 1-100 gigahertz.

5. Controlled Offensive Behavior – USSR, by Captain John D. LaMothe, Medical Intelligence Office. Department of the Army. This intelligence document was published by the Defense Intelligence Agency in July, 1972.


Harlan E. Girard was born in Cleveland, OH in 1936. He studied for the B. Chem. E. degree at Cornell University, and received the B.A. degree in economics from The University of Michigan, Ann Arbor, from which he graduated in 1957.

From 1957 to 1984, Mr. Girard was employed and self-employed in a number of businesses, all of them centered on real estate development. In 1984, he returned to school to study urban design and landscape architecture at the University of Pennsylvania, from which he received the Master of Landscape Architecture degree in 1988.

Since 1988, Mr. Girard has been pursuing independent research into the harmful effects ot radiation on biological systems. He is a member of the Bioelectromagnetics Society and IEEE Engineering in Medicine and Biology Society.

In 1989, the Federal Bureau of Investigation refused Mr. Girard access to his own file on the grounds that it is 93exempt from mandatory release on the basis of 5 U.S.C. a7522 (b) (1)94. This section of the United States Code is applicable to documents 93to be kept secret in the interest of national defense or foreign policy.

Mr. Girard is flattered to have been made a peer of J. Robert Oppenheimer et al., despite the fact that he has never applied for a security clearance from the Department of Defense or held a job which required one. On the other hand, since 1983, he has been an involuntary human subject in medical experiments commissioned by the Central Intelligence Agency, which has of course made him privy to a great deal of highly classified and extremely sensitive information.

Mr. Girard used to be a moderate Republican, and received an Honorable Discharge from the United States Air Force in 1963.

II. International Committee on Offensive Microwave Weapons
The United States of America

Sent by Walter Bowart of the Freedom of Thought Foundation

Also see Harlan Girard of ICOMW for more documents.


After several decades of lawsuits against the government claiming unconstitutional use of mind control against its own citizens, no progress has been made in gaining restitution nor even convincing the courts that such a thing as the invasion of an individual’s mind against his or her will and without his or her knowledge can exist. Previous suits, except for a few MKULTRA cases in which drugs were used against an unwitting subject, have been dismissed as “nuisance suits.” There has been no compensation paid under the Federal Torts Claim Act or in any other way for any form of mind control experimentation or operation other than that which included the use of drugs. Perhaps, this suit will stand up. Then the problem for justice begins. The courts will not be able to operate the way they are presently operating under an assumption that if there’s one body committing a crime, there is only one mind making the decision. When mind control is legally proven in all its forms, the justice system will collapse from the weight of a new paradigm — the new legal fact that there can be many minds in one body (forms of apparent possession such as DID) and even forms of “electronic possession” such as what the U.S. Air Force is calling “biological process control.”

This promising case against the U.S.A. was filed on April 15, 1998. Below is the complaint as it was filed in Judge Gladys Kessler’s court. Case Number 1:98CV00939. Deck Type: Civil General. Filed in the U.S. District Court for the District of Columbia by the International Committee on Offensive Microwave Weapons. The attorney is :Bernard Fensterwald III, of Fensterwald & Alcorn P.C., 1952 Gallows Road, Suite 307, Vienna, Virginia 22182.




P.O. BOX 58700
Philadelphia, Pennsylvania 19102






(Administrative Procedures Act; 5 U.S.C. 701 et seq.)

(U.S. Constitution)

COMES NOW Plaintiff, INTERNATIONAL COMMITTEE ON OFFENSIVE MICROWAVE WEAPONS, by counsel, and as its Complaint against the United States of America does state as follows:


1. This action is brought under 28 U.S.C. 1331.


2. Plaintiff International Committee on Offensive Microwave Weapons (ICOMW) is an unincorporated, non-profit, public interest association headquartered in Philadelphia, Pennsylvania. The ICOMW conducts independent research into the research, development, testing and evaluation of offensive microwave weapons and other biological process control weapons and acts as a clearinghouse for information on that issue. The ICOMW also serves as an advocate for individuals throughout the Untied States who have been unwitting human subjects in the research, development, testing and evaluation of such weapons and who believe that they have suffered physical, mental and emotional injury as the result thereof.

3. Defendant is the government of the Untied States of America and various agencies thereunder; both named hereafter and unnamed.

4. Venue of this action is laid in this district under the provisions of 28 U.S.C. 1391 (e).


5. In 1947, the United States Military Tribunal at Nuremberg, Germany established the Nuremberg Code as the standard by which to judge German scientists who had experimented with human subjects during World War II. Among other things, the Code prescribed that “Voluntary consent of the human subject in research is absolutely essential. The duty and responsibility for ascertaining the quality of the consent rests upon each individual, who initiates, directs or engages in the experiment.” A copy of the text of the Nuremberg Code of 1947 is attached hereto as Exhibit “A”.

6. In 1948, the United Nations adopted the Universal Declaration of Human Rights which, at Article 5, states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” A copy of the Universal Declaration of Human Rights is attached hereto as Exhibit “B”.

7. In 1964, the 18th World Medical Assembly of the World Medical Association met in Helsinki, Finland. As a result of that gathering, the Helsinki Declaration was formulated, which further solidified the principals laid out in the Nuremberg Code, including a re-affirmation of informed consent and the development of the concept of independent review boards to oversee research proposals.

8. In 1966, the United Nations adopted the International Covenant on Civil and Political Rights which, at Article 7, expanded the definition of cruel and inhuman treatment to include un-consented experimentation on humans and which now prohibits the use of human subjects in medical or scientific experimentation without their free consent. This convention entered into force in 1976 and the Untied States ratified it in 1992. A copy of the pertinent part of the international Covenant on Civil and Political Rights is attached hereto as Exhibit “C”. Also, in 1984, the United Nation as adopted the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment which prohibits the application of physical and mental torture. This convention went into effected on June 26, 1987 and the United States ratified it in 1990.

9. In 1974, the Congress enacted the National Research Act, P.L. 93-348, which reinforced the important precept of informed consent in the conduct of medical research. The Act also established the “Commission for the Protection of Human Subjects of Biomedical and Behavioral Research” (“Commission”). The Commission was tasked with the duty of identifying “the basic ethical principles that underlie the conduct of biomedical and behavioral research involving human subjects, and to develop guidelines, which should be followed to assure that such research is conducted in accordance with those principles.” Again, one of those important principles was that of informed consent.

10. Thereafter, the Commission met monthly and, in February, 1976, issued the “Belmont Report” containing a statement of basic principles and guidelines to resolve disputes over ethical problems arising out of research with human subjects. The Commission urged the then U.S. Department of Health, Education and Welfare (“DHEW”), now the U.S. Department of Health and Human Services (“HHS”) to adopt the Belmont Report in its entirety as official DHEW policy.

11. In November 1978, Congress enacted P.L. 95-622, establishing the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research (“President’s Commission”). One of the charges of the President’s Commission was to report biennially to the President, the Congress and appropriate federal agencies and departments on the protection of human subjects of biomedical and behavioral research. Further, the President’s Commission was required to review the adequacy and uniformity of all federal regulations on the protection of human research subjects, the implementation thereof and to make recommendations for corrective legislation and administrative action.

12. The President’s Commission issued its first biennial report in 1981 and, after review and comment, the Office of Science and Technology Policy (“OSTP”), responding on behalf of all affected department and agency heads to the recommendations of the President’s Commission, stated that:

The President should, through appropriate action, require that all federal departments and agencies adopt as a common core the regulations governing research with human subjects issued by the Department of Health and Human services (codified by 45 CFR Part 46), as periodically amended or revised, while permitting additions needed by any department or agency that are not inconsistent with these core provisions. [Emphasis added]. See also 56 FR 28004).
13. As a result of this OSTP pronouncement, a proposed Model Federal Policy was issued for comment on June 3, 1986 and was initially adopted by nineteen (19) federal agencies and departments, including the Department of Defense, on June 18, 1991. This model policy is known as the “Common Rule”.

14. Upon information and belief, the Central Intelligence Agency has not adopted the Common Rule, neither has the Nuclear Regulatory Commission nor the U.S. Department of Labor.

15. In January 1994, President Clinton established the=20Advisory Committee on Human Radiation Experiments (“Advisory Committee”) to examine reports that the federal government had “funded and conducted unethical human radiation experiments during the Cold War.”

16. In September 1994, the U.S. Department of State issued “Civil and Political Rights in the United States: A Report of the United States of America under the Covenant on Civil and Political Rights”. In the report, it is noted that the United States considers experimentation on unconsenting human subjects to be a violation of the subject’s constitutional rights under the 4th, 5th and 8th amendments to the United States Constitution. See Exhibit “D” attached to this Complaint.

17. In October 1995, the Advisory Committee issued its Final Report and made certain recommendations on ways in which the federal government should modify its policy governing classified research on human subjects.

18. On March 27, 1997, President Clinton issued a presidential memorandum to the heads of nineteen (19) federal agencies and departments designed to strengthen the protection for human subjects of classified research. A copy of this memorandum is attached hereto as Exhibit “E”. Among other things, the Advisory Committee, as the result of its work, had suggested to the President that all classified research projects meet the following requirements:

obtain informed consent from all human subjects;
inform human subjects of the identity of the sponsoring agency;
inform human subjects that the project involves classified research;
obtain approval from an independent panel that reviews the project’s scientific merit, risk-benefit tradeoffs and ensures that human subjects have enough information to make an informed consent; and
Maintain permanent records of the panel’s deliberation and consent procedures.
19. The President’s March 27, 1997 memorandum adopted most of the recommendations of the Advisory Committee. Further, it instructed all agencies that may conduct or support classified research on humans and that are subject tot he Common Rule to jointly propose in the Federal Register revisions to the Common Rule which would:

Prohibit the waiver of informed consent for classified research;
Prohibit the use of expedited review procedures under the Common Rule for classified research;
Seek public comment on whether or not all research exemptions under the Common Rule should be maintained for classified research;
Provide the following additional information to potential human subjects involved in classified research: 1. Unless exempt, the identity of the federal agency conducting the classified research and 2. A statement that the research project is “classified” and an explanation of what the term “classified” means; and
Adopt several modifications to the institutional review board (IRB) procedures contained within the Common Rule
The President’s memorandum further required that the affected agencies:

Promulgate, after consideration of public comments, final rules on the protection of human subjects of classified research within one year of the issuance of the President’s memorandum, i.e. by March 27, 1998: and
Annually disclose to the Director of OSTP by September 30th of each year, the number of classified research projects involving human subjects underway on that date and other pertinent information, including the number of human subjects on each project. In turn, the Director of OSTP is required to disclose this information to the President, to the appropriate congressional committees and to publish the numbers in the Federal Register.
Finally, and most importantly, the President’s memorandum prohibits, effective March 27, 1998, any agency from conducting or supporting any classified human research “without having proposed and promulgated the Common Rule, including the changes set forth in this [the President’s] memorandum and any subsequent amendments”.


(Declaratory and injunctive Relief)

(Administrative Procedures Act)

20. All of the allegations in Paragraphs 1-19 are repeated herein.

21. The Administrative Procedures Act, 5 U.S.C. 706, conveys upon this Court the power and the jurisdiction to “compel agency action unlawfully withheld or unreasonably delayed.”

22. As stated above, in Paragraph 16, President Clinton, through his memorandum of March 27, 1997, ordered federal agencies conducting or supporting classified research using human subjects to promulgate certain changes to the Common Rule with the goal of protecting those human subjects and providing adequate informed consent. Further, the President also instructed any agency conducting or supporting classified human research to adopt the Common Rule, as altered per the President’s memorandum of March 27, 1997. Finally, the President’s memorandum required that these actions be taken (in final form) no later than March 27, 1998.

23. The President’s memorandum required the following agency heads to act on or before March 27, 1998:

The Secretary of Defense
The Attorney General

The Secretary of Agriculture

The Secretary of Commerce

The Secretary of Labor

The Secretary of Health and Human Services

The Secretary of Housing and Urban Development

The Secretary of Transportation

The Secretary of Energy

The Secretary of Veterans Affairs

The Director of Central Intelligence

The Administrator of the Environmental Protection Agency

The Administrator of the Agency for International Development

The Administrator of the National Aeronautics and Space Administration

The Director of the National Science Foundation

The Chair of the Nuclear Regulatory Commission

The Director of the Office of Science and Technology Policy

The Chair of the Consumer Products Safety Commission

24. Upon Information and belief, none of the heads of the aforementioned federal agencies or departments has, either jointly or independently, adopted the changes for the protection of human subjects involved in classified research mandated by President Clinton in his March27, 1997 memorandum.

25. Upon information and belief, several federal agencies, including but not limited to the U.S. Department of Defense and the branches of service thereunder, are conducting classified research upon human subjects without affording those subjects sufficient information to allow them to make an informed consent and, specifically, failing to provide that information mandated by the President’s Memorandum of March 27, 1997. See Exhibit “E”.

26. Upon information and belief, several federal agencies, including but not limited to, the Central Intelligence Agency, the Nuclear Regulatory Commission and the Department of Labor, have not adopted the Common Rule. Nonetheless, it is understood they currently conduct or sponsor research involving human subjects, both classified and unclassified and have yet to cease such research despite their failure to adopt the Common Rule as required by the President’s Memorandum of March 27, 1997.

WHEREFORE, these premises considered, the plaintiff demands the following relief:

A declaratory judgement that all federal departments and agencies presently subject to the Common Rule are required forthwith to adopt by final rule all of the recommendations on the protection of human subjects in classified research contained within the President’s memorandum of March 27, 1997;’
A declaratory judgement that all federal departments and agencies NOT presently subject to the Common Rule as a condition precedent to conducting or supporting classified research using human subjects now or in the future and that all classified research currently underway should be suspended until the Common Rule is adopted.
An injunction requiring all federal departments and agencies presently subject to the Common Rule to immediately adopt by final rule all of the recommendations on the protection of human subjects in classified research contained within the President’s memorandum of March27, 1997;
An injunction prohibiting all federal departments and agencies NOT presently subject to the Common Rule from conducting and supporting any classified research using human subjects until such time as they have adopted, by final rule, the Common Rule.
A grant to the Plaintiff of its costs and attorney fees.
All other relief as may properly be granted.


(Declaratory and Injunctive Relief)

(U.S. Constitution)

27. All of the allegations contained in Paragraphs 1-26are repeated herein.

28. As stated aforesaid, many federal departments and agencies, including, but not limited to, the Central Intelligence Agency and the U.S. Department of Defense, are, upon information and belief, engaged in advanced weapon research, some of which is classified and which may involve the use of human subjects. See Exhibit “F” attached hereto to this Complaint for a discussion of the types of weapon research presently being conducted in the United States and elsewhere.

29. Within this research is included research on the use of advanced lethal and non-lethal offensive weapons, including lasers, microwaves, acoustics, electromagnetics and other types of “wonder weapons”. See Exhibit “F”.

30. Much of this classified research being conducted upon unwitting human subjects involves the infliction of substantial physical pain, mental anguish, stress, anxiety and confusion, among other symptoms.

31. Upon information and belief, much, if not all, of this classified research, is being conducted or supported under conditions where the human subjects are not being provided with sufficient information (if any at all) by which to make an informed consent as to the experiment being conducted upon them.

32. The conduct of classified research upon human subjects without informed consent and without adequate safeguards constitutes “cruel and unusual punishment” and is a violation of the Eight Amendment tot he U.S. Constitution.

33. The conduct of classified research upon human subjects without informed consent and without adequate safeguards constitutes “unlawful searches and seizures” and is a violation of the Fourth Amendment to the U.S. Constitution, which requires that individuals in the United States “be secure in their person.”

34 The conduct of classified research upon human subjects without informed consent and without adequate safeguards constitutes the taking of their liberty without due process of law and is a violation of the Fifth Amendment to the U.S. Constitution.

WHEREFORE, these premises considered, the Plaintiff demands the following relief:

A declaratory judgement that the conduct or support by the Untied States of classified research using human subjects without adequate informed consent ins a violation of the 4th, 5th, and 8th amendments to the U.S. Constitution.
A temporary and permanent injunction prohibiting any federal agency of the United States from conducting or supporting classified research on human subjects without the provision to current and future subjects of sufficient information in order to insure informed consent and by the adoption by each federal agency of the Common Rule.
A grant to the Plaintiff of its costs and attorney fees.
All other relief as may properly be granted.


(Violation of Treaties and International Law)

35. The allegations contained in Paragraphs 1-34 are restated herein.

36. As stated aforesaid, in 1947, the United States Military Tribunal at Nuremberg, Germany established the landmark Nuremberg Code as a standard by which to judge German scientist who had experimented with human subjects during World War II. Among other things, the Nuremberg Code prescribed that “Voluntary consent of the human subjected in research is absolutely essential” and “The duty and responsibility for ascertaining the quality of the consent rests upon the individual who initiates, directs or engages in the experiment.” This document contains the nucleus for all modern day international law governing the use of human subjects in bio-medical and behavioral experimentation. See Exhibit “A”.

37. In 1948, the Untied Nations, meeting in New York, New York, adopted and proclaimed the Universal Declaration of Human Rights. In pertinent part, at Article 5, the Declaration states that “No One shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The United States participated in the adoption of this Declaration. See Exhibit “B”.

38. In 1964, the 18th World Medical Assembly of the World Medical Association met in Helsinki, Finland. As the result of this gathering the Helsinki Declaration was formulated which strengthened the Nuremberg Code, provided more explicit definitions and declared that “Biomedical research involving human subjects must conform to generally accepted scientific principles.” This Declaration was further refined in subsequent meetings of the Assembly in 1975 and 1983.

39. In 1966, the United Nations adopted the International Covenant on Civil and Political Rights, which entered into force on March 23, 1976. The United States ratified this convention in 1992. This convention, at Article 7, outlaws torture and cruel, inhuman or degrading treatment, plus specifically, “no one shall be subject without his free consent to medical or scientific experimentation.” See Exhibit “C”.

40. In 1984, the United Nations adopted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, which entered into force on June 26, 1987. The United States ratified this convention on October 27, 1990. This convention strengthened the United Nation’s prior ban on torture contained within the 1948 Universal Declaration of Rights.

41. These international declarations and conventions collectively create an international norm establishing that the conduct or support of classified research on human subjects without their informed consent is illegal and constitutes a violation of the unwitting subject’s civil and political rights. To the extent that this conduct or support of classified research on human subjects involves the infliction of physical or mental pain, stress, anxiety or confusion, this classified research is akin to torture as that term is defined by international law.

42. Further, these treaties, by virtue of Article VI, Clause 2 of the U.S. Constitution, are deemed to be the supreme law of the Untied States. By virtue of Article III of the U.S. Constitution, this Court has the jurisdiction to interpret and enforce said treaties against the United States.

43. The United States, through several federal agencies, including, but not limited to the Central Intelligence Agency and the U.S. Department of Defense, have and continue to conduct or support classified research on human subjects without their informed consent, which is in violation of international law, much of which the Untied States itself had a hand in formulating and adopting.

44. The Untied States, by virtue of the Constitution, is obliged to observe these international norms and laws in the conduct of its affairs.

WHEREFORE, these premises considered, the Plaintiff hereby demands the following relief:

A declaratory judgement the United States is conducting and supporting classified research on human subjects without their informed consent and that these practices violate international norms of conduct and international law established by the various international declarations and conventions currently in force.
A public disclosure by all federal agencies or departments that have conducted or supported classified research on human subjects without their informed consent of all past and present projects involving such classified research and
A temporary and permanent injunction prohibiting the further conduct or support of classified research on human subjects without their informed consent by any agency or department of the United States.
A grant to the Plaintiff of its costs and attorney fees.
All other relief as may properly be granted.

Respectfully submitted,

By Counsel

Plaintiff’s Exhibits attached:

A: Nuremberg Code

B: 1948-1998 Universal Declaration of Human Rights (U.N. General Assembly resolution 217 A (III) of 10 December 1948.

C: International Covenant on Civil and Political Rights, G.A. res 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc A/63316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.

D: Article 7 – Freedom from Torture or Cruel, Inhuman, or Degrading Treatment or Punishment.

E: White House Memorandum, March 27, 1997. Subject: Strengthened Protections for Human Subjects of Classified Research.

F: Parameters, U.S. Army War College Quarterly, Vol. XXVIII, No. 1, Spring 1998. The Mind Has No Firewall by Timothy L. Thomas.

G: Wonder Weapons, The Pentagon’s quest for nonlethal arms is amazing. But is it smart? By Douglas Pasternak, U.S. NEWS and World Report, July 7, 1997.

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