Making A Difference

American Torture: Past, Present, And... Future?

Could the Senate torture report be the opening to really make U.S. torture a thing of the past?

American Torture: Past, Present, And... Future?
info_icon

It바카라™s the political story of the week in Washington. At long last, after the endless stalling and foot-shuffling, the arguments about redaction and , the that its release might stoke others out there in the Muslim world to violence and 바카라œ the C.I.A. to the wolves,바카라 the report바카라”you know which one바카라”is out.  Or at least, the redacted executive summary of it is available to be read and, as Senator Mark Udall before its release, 바카라œWhen this report is declassified, people will abhor what they read. They바카라™re gonna be disgusted. They바카라™re gonna be appalled. They바카라™re gonna be shocked at what we did.바카라

So now we can the partial release of the long-awaited report from the Senate Select Committee on Intelligence about the gruesome CIA interrogation methods used during the Bush administration바카라™s 바카라œGlobal War on Terror.바카라 But here바카라™s one important thing to keep in mind: this report addresses only the past practices of a single agency. Its narrow focus encourages us to believe that, whatever the CIA may have once done, that whole sorry torture chapter is now behind us.

In other words, the moment we get to read it, it바카라™s already time to turn the page. So be shocked, be disgusted, be appalled, but don바카라™t be fooled. The Senate torture report, so many years and obstacles in the making, should only be the starting point for a discussion, not the final word on U.S. torture. Here바카라™s why.

Mainstream coverage of U.S. torture in general, and of this new report in particular, rests on three false assumptions:

1. The most important question is whether torture 바카라œworked.바카라

2. U.S. torture ended when George W. Bush left office.

3. The only kind of torture that really 바카라œcounts바카라 happens in foreign war zones.

Let바카라™s look at each of these in order.

False Assumption #1: The only question is 바카라œDid it work?바카라

Maybe torture 바카라œworked바카라 on occasion. Probably it didn바카라™t. But it doesn바카라™t matter because torture is illegal under U.S. and international law, and it바카라™s a moral abomination.

The Senate report바카라™s first finding바카라”and the one that much of a highly predictable debate will focus on바카라”is that the CIA바카라™s 바카라œenhanced interrogation techniques바카라 were 바카라œineffective바카라 in identifying the perpetrators of 9/11, producing actionable intelligence, or preventing terrorist attacks. In response, the rhetoric is already flying. The Republicans (except for ) are shouting 바카라œIt did work! It did!바카라 The president바카라™s own CIA director, John Brennan, has issued his denunciation of the report. While that 바카라œthe Agency made mistakes,바카라 he, too, insisted that torture 바카라œworked.바카라 (A couple of days later, he backtracked, suggesting instead that the answer to this question was actually ".") Other former officials of the Agency are big time.

In the end, it doesn바카라™t matter whether the CIA바카라™s methods바카라”including waterboarding (which McCain 바카라œmock execution바카라 and 바카라œan exquisite form of torture바카라); inflicting week-long sleep deprivation; repeated beatings; hanging people by their wrists for days, bombarding them with unbearable sound and light or keeping them in total darkness; threatening to sexually abuse their mothers or harm their children; or, in possibly , shoving a tube up someone바카라™s rectum and filling it with water (supposedly for 바카라œ바카라)바카라”were effective. It doesn바카라™t matter whether these methods led the Navy Seals to Osama bin Laden. It doesn바카라™t matter whether these methods an al-Qaeda attack on the Library Tower in Los Angeles. It doesn바카라™t matter whether they saved American (and only American!) lives. In fact, for those who read the report, the Senate committee is remarkably convincing on a subject about which we already have much information: torture notoriously does not produce useful information. It produces a tangled mess of truths, half-truths, lies, wild invention and confabulation, psychotic ravings, and desperate attempts to say whatever the victim thinks the torturers want to hear.

But none of this matters. Nor does it matter how frightened we are. The situation isn바카라™t complicated. We are not allowed to torture people, because we have passed laws against it and signed treaties saying we won바카라™t do it. The U.N. Convention Against Torture, which the U.S. signed in 1994, makes it very clear that being afraid of an attack is no excuse for torture. In Article 2, the Convention states, 바카라œNo exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.바카라 People will always make excuses, but there is no legitimate excuse for torture.

What바카라™s at stake here is the kind of country we want to be: Are we a courageous nation ruled by laws or a ?

False Assumption #2: Torture ended when George W. Bush left office.

In his statement on the day the report was released, President Obama to shove U.S. torture into a box labeled Bad Things We Used to Do. 바카라œRather than another reason to refight old arguments,바카라 he said, 바카라œI hope that today바카라™s report can help us leave these techniques where they belong: in the past.바카라

In fact, institutionalized state torture is not a thing of the past. It has continued under President Obama. Here are some examples:

*Twice a day in the U.S. prison at GuantĂĄnamo, guards forcibly remove hunger strikers from their cells, strap them to a chair, and 바카라œfeed바카라 them through a tube jammed up the nose and down into the stomach. Here바카라™s how one victim that experience:

"I will never forget the first time they passed the feeding tube up my nose. I can바카라™t describe how painful it is to be force-fed this way. As it was thrust in, it made me feel like throwing up. I wanted to vomit, but I couldn바카라™t. There was agony in my chest, throat, and stomach. I had never experienced such pain before. I would not wish this cruel punishment upon anyone."

Force-feeding is no humanitarian act; it is a punishment for nonviolent resistance. It often begins with what officials call 바카라œcell extraction바카라바카라”as if prisoners were teeth to be pulled out of a jaw. Here바카라™s what happens, Moath al-Alwi, who has been at GuantĂĄnamo since 2002:

"When I choose to remain in my cell in an act of peaceful protest against the force-feeding, the prison authorities send in a Forced Cell Extraction team: six guards in full riot gear. Those guards are deliberately brutal to punish me for my protest. They pile up on top of me to the point that I feel like my back is about to break. They then carry me out and strap me into the restraint chair, which we hunger strikers call the torture chair."

Guards use the 바카라œtorture chair바카라 to restrain the prisoner, says al-Alwi, but also to make the procedure even more painful:

"A new twist to this routine involves the guards restraining me to the chair with my arms cuffed behind my back. The chest strap is then tightened, trapping my arms between my torso and the chair바카라™s backrest. This is done despite the fact that the torture chair features built-in arm restraints. It is extremely painful to remain in this position."

At present, a Navy nurse faces for refusing to participate in these force feedings, because he believes they are a form of torture.

Why are detainees on hunger strike in the first place? They are using the only nonviolent means available to them to protest their indefinite and illegal detention, which the U.N. Committee Against Torture says is in itself a violation of U.S. duties under the U.N. Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment.

* It wasn바카라™t until this December 10th that the U.S. military its last detainees from the notorious Detention Facility in Parwan on Bagram Air Base in Afghanistan. In September 2014, the United States 바카라œ바카라 14 Pakistanis it had held there for some years바카라”none of whom was ever accused of any crime. We know nothing about the treatment of those who remained at Bagram, but we do know that, like the detainees at GuantĂĄnamo, the men being held there used hunger strikes as their only nonviolent means of resisting their indefinite detention and solitary confinement.

* In what appears to be a direct contravention of a 2009 to the CIA to shut down all its 바카라œblack sites,바카라 or secret interrogation centers around the world, the Agency seems still to be operating at least one of them. Or at least it was two years later when journalist Jeremy Scahill on a secret underground prison in Mogadishu, Somalia, run by the CIA, ostensibly in cooperation with the Somali government바카라™s National Security Agency. There, according to Scahill, 바카라œU.S. intelligence personnel pay the salaries of intelligence agents and also directly interrogate prisoners.바카라

Have these intelligence agents used 바카라œenhanced interrogation techniques바카라? We don바카라™t know. What we do know, however, was that the place was dark, filthy, and infested with bedbugs and mosquitoes. We know that prisoners held there had been kidnapped, hooded, and transported by plane in a style familiar to anyone who has followed the over the last dozen years.

If that site is still open, either the CIA is operating it with the Obama administration바카라™s knowledge and consent or it is defying the president of the United States. In either case, there was and possibly still is a serious breach of executive power going on.

* During his confirmation hearings, Obama바카라™s first CIA director, Leon Panetta, members of Congress that 바카라œif the approved techniques were 바카라˜not sufficient바카라™ to get a detainee to divulge details he was suspected of knowing about an imminent attack, he would ask for 바카라˜additional authority바카라™ to use other methods.바카라

* President Obama바카라™s ending CIA torture still left open a little-discussed torture window.  It continued to allow for 바카라œextraordinary rendition,바카라 the capture of terror suspects abroad and their shipping to other countries for detention and interrogation. The U.S. on this since 9/11 has been a grim history of torture at one remove. True, the order says that no one should be sent to a country in which he or she is likely to be tortured, but the U.S. definition of 바카라œlikely바카라 differs significantly from that of the .  Article 3 of the Convention says no one may be sent to another country if there are 바카라œsubstantial grounds for believing that he would be in danger of being subjected to torture.바카라 The United States insists on a more lenient standard: prohibiting rendition if it is 바카라œmore likely than not바카라 that torture will take place. In practice, this means relying on the word of the receiving country that no harm will be done (wink, wink).

* The U.S. Army Field Manual on Human Intelligence Collector Operations prohibits many forms of torture. However, a classified 바카라œannex바카라 still permits sleep deprivation and sensory deprivation. The U.N. Committee Against Torture flagged this바카라”among many other concerns바카라”in its on U.S. compliance with the Convention Against Torture.

* No high civilian officials or military commanders and other personnel were ever prosecuted for the torture they ordered or oversaw, nor of course were the actual CIA torturers. Instead they바카라™re writing their memoirs and of themselves bathing. If their political power makes it impossible to try them here, perhaps the of the international community can at least make Dick Cheney and George W. Bush outcasts like other discredited former rulers along the lines of Serbia바카라™s or Tunisia's .

Or maybe the United States could actually follow the U.N. Committee Against Torture바카라™s and finally sign up for the International Criminal Court.

False Assumption #3: Torture only counts when it happens in foreign wars.

This is not true either. Sometimes, torture happens right here in the United States , immigrant , and the American jails and prisons that hold .

When the United Nations Committee Against Torture released its in November on U.S. compliance with the U.N. Convention against Torture, among the failures the Committee noted were torture and abuse practices in U.S. prisons and immigrant detention facilities. The frequent brutality of U.S. police forces and their also alarmed the Committee.

Specifically, the Committee pointed to the extensive use of solitary confinement for periods of time longer than two weeks바카라”the point at which many people start exhibiting , including having hallucinations, hearing voices, and experiencing paranoia. In my state, California, there are people who have been kept from all human contact for . We are beginning to recognize that the 50,000 to 80,000 people being held in solitary confinement in this country are actually being tortured every day. Furthermore, as the U.N. report emphasizes, some of these people haven바카라™t even been convicted of a crime; they바카라™re either being held in pre-trial detention or in immigrant detention centers.

U.S. prisoners also experience of institutionally sanctioned rape and sexual violence. In fact, prison rape is so common, it바카라™s a regular plot device on television police procedurals. Want to keep a 바카라œperp바카라 from asking for a lawyer? Threaten to send him to Rikers Island, where who knows what can happen to a pretty guy like him.

The Report Is Out. Now What?

Make no mistake. Getting even this partial and redacted report into public view is a real victory for everyone who hopes to end state torture. But it바카라™s just the beginning, not the end of the fight. There바카라™s still much work to do.

As a start, someone needs to rein in a CIA whose leadership, past and present, to the effectiveness of torture practices. We need reports like the one the Senate produced about the whole alphabet soup of agencies involved in the 바카라œwar on terror.바카라 We need a full accounting, and full accountability, including prosecutions of those responsible, or perhaps even that would at least establish that crimes were committed. We need to end torture in our own jails and prisons.

The Senate torture report could be the opening we need to really make U.S. torture a thing of the past. Let바카라™s not waste it!

Rebecca Gordon is the author of . She teaches in the philosophy department at the University of San Francisco. She is a member of the collective. You can contact her through the Mainstreaming Torture .

Copyright 2014 Rebecca Gordon. Courtesy:

Tags
×