64 592 FEDERAL SUPPLEMENT, 2d SERIES tion that caused his leg to become inflamed and swollen. After the leg had swollen to twice its normal size, a North Korean doctor, without the use of an anesthetic, sliced it open with a pocket knife in order to drain the infection and swab the opened area of the leg with some type of medicine. Because Massie was unable to control the movement of his leg, one of his captors sat on his stomach while two others held his legs down on the table on which he had been placed. See id. at 101–103. 35. During the six weeks they were detained at the Barn, the hostages were continuously tortured and beaten and were not allowed to speak to one another. See Tr. 37–38, April 22, 2008. If one hostage was caught talking to another captive, both would be beaten into unconsciousness. See Tr. 99–100, April 21, 2008. 36. The hostages were not allowed to leave the building for any reason. However, on one occasion, Cdr. Bucher was taken to view the tortured body of a person he was told was a South Korean spy and who, according to North Korean officials, did not cooperate. See Ex. 15 at 150, ¶ 452. 37. The harsh treatment of the crew and Tuck during the eleven months they were held hostage consisted of severe physical beatings with karate blows, broom handles, belt buckles, boards and chairs, along with punches with rifle butts and whatever else that was handy. See Tr. 103, April 21, 2008; Tr. 81, April 22, 2008. A common and extremely painful torture was to force a captive to hold a chair above his head while kneeling or squatting with a board or stick behind his knees. See 15 at 150, ¶ 457. The beatings were accompanied by intimidation and threats that the crew members would be shot as spies if they did not confess. These threats created a constant fear of execution. See id.; Tr. 44–51, April 22, 2008. 38. On one occasion after McClarren was taken out of his room for interrogation, he was forced to kneel, a two-by-four was placed between his knees, and he was forced to lay on his back. After several hours, the guards told him to get up on a chair. Because he could not walk, he was forced to crawl to the chair and climb onto it. As he sat there, the officer that was behind the chair pulled out a gun, put it to McClarren’s head, and pulled the trigger. When the trigger merely clicked, McClarren lost consciousness. See Tr. 35, April 21, 2008. 39. Another form of torture involved requiring the captives to stand against the wall with their arms held out straight. When their arms started to fall, the guards would hit them. When they could no longer put their arms up, the guards would beat them. See id. at 38. 40. When he was interrogated a day or two after arriving at the barn, Tuck was told that he would be shot because he was an FBI spy and not protected by the Geneva Convention. See Tr. 41–42, April 22, 2008. He was then asked what he thought. In response, Tuck pulled out a dime and told the interrogators that if they would take him to Panmunjom and let him call President Johnson, the situation could be straightened out. Id. at 44. At that point, one of the North Korean officers jumped over the table at which he was seated, grabbed a rifle from the guard who was standing next to Tuck, and hit Tuck with it on Tuck’s chin. The blow split Tuck’s chin open. See id. at 44–45. 41. When the captives were allowed to go to the toilet to relieve themselves, the guards routinely administered karate kicks to them on their way to and from the toilet. See Tr. 36–38, 114–15, April 21, 2008; Tr. 46, April 22, 2008. 42. It is apparent that the captives were treated as they were because their