It was only banned by Obama just under 3 years ago, and this is one of those things where it wouldn't suprise me if it had been used since as well.
I'm not much of a conspiracy theorist, but it's not hard to imagine either a group of interogators, or even a couple of rogues, thinking "screw this new rule from that weak president" and going ahead with it, sans paperwork.
It wasn't slavery 6 generations ago (which is not really that long), or the trail of tears nearly 200 years ago.
It was freedom loving Americans in an enlightened age torturing prisoners out of fear and spite.
And more than half the nation thought this torture was justified and should not be investigated.
http://www.gallup.com/poll/118006/slim-majority-wants-bush-e...