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June 04, 2009

On torture-14: Torture and secrecy

(For previous posts on torture, see here.)

It is not that torture never works but the history of torture suggests that in order to get a few bits of useful information, you have to throw a wide net for torture victims. In the cover story of the October 2006 issue of The Progressive magazine, Alfred W. McCoy, professor of history at the University of Wisconsin-Madison and author of A Question of Torture: CIA Interrogation, from the Cold War to the War on Terror dissects The Myth of the Ticking Time Bomb and points to a few cases in Vietnam and Algeria where mass torturing has worked. "Major success from limited, surgical torture is a fable, a fiction. But mass torture of thousands of suspects, some guilty, most innocent, can produce some useful intelligence."

But indiscriminate and widespread torturing of people is presumably not where any civilized society wants to go, though given how easily Americans can be frightened by vague threats, it would not surprise me if people were willing to countenance even that.

Once torturers have brutally treated someone, they become reluctant to let the victims freely speak about their treatment since such revelations rebounds badly on them. You cannot bring them to an open trial where they can tell the judge and the public how they were treated. Torture inevitably leads to excessive secrecy or even the killing of victims so they can never speak about their treatment. So secrecy and torture practices go hand in hand and the promise of secrecy creates the temptation for perpetrating even greater abuses.

Glenn Greenwald points out how the Bush administration tried to make a deal with two Gunantanamo detainees (British resident Binyam Mohamed and Australian citizen David Hicks) that they would release them only if they kept secret about the treatment they had received. Mohamed refused the deal and his detention was continued. So the US government was essentially using torture and detention as weapons, not to gain information but to gag their prisoners to prevent them speaking about their torture and detention.

Binyam Mohammed's story gets even worse. He was eventually sent back to England in February after the charge that he aided Jose Padilla fell apart. Mohammed had spent six years in US custody and claimed he was tortured at the hands of the US in Pakistan, Morocco, and Afghanistan, the countries being ones that he had been 'renditioned" to. After his release, a British High Court initially ruled that there was sufficient evidence that he had been tortured and that he was entitled to seek documentary evidence that the British government had in its possession about his treatment. But it later reversed itself because the Obama administration had threatened to withhold security cooperation with the UK if the documents were released.

As Glenn Greenwald says:

Just think how despicable that threat is: if your court describes the torture to which one of your residents was subjected while in U.S. custody, we will withhold information from you that could enable you to break up terrorist plots aimed at your citizens.

The principal issue here is that the Obama administration is not merely failing to investigate (let alone prosecute) acts of high-level criminality by U.S. government officials. Far worse, ever since he was inaugurated, Obama has engaged in one extraordinary legal maneuver after the next to block American courts from ruling on the legality of those actions. He has now extended his Bush-protecting conduct to the international realm, as he re-iterates Bush's threats that we will purposely leave British citizens more vulnerable to terrorist attacks if their courts rule that, under their laws, their citizens are entitled to know what was done to Binyam Mohamed.

Clive Stafford Smith, an attorney for Mr. Mohamed, said that he was disappointed with what Obama had done.

"What they are doing is twisting the arm of the British to keep evidence of torture committed by American officials secret," said Mr. Smith, a U.S. citizen. "I had high hopes for the Obama administration. I voted for the guy, and one hopes the new administration would not continue to cover up evidence of criminal activity."

The Metropolitan Police of London is investigating whether Mr. Mohamed was tortured when he was in American custody.

Mr. Smith said that by attempting to keep evidence of Mr. Mohamed's "abuse" secret, the U.S. official who communicated the threats to the British Foreign Office was in breach of British law, specifically the International Criminal Court Act of 2001.

"The U.S. is committing a criminal offense in Britain by seeking to conceal this information. What the Obama administration did is not just ill-advised, it is illegal," he said.

But despite these attempts at suppression of his torture, truly gruesome details are emerging about some of the methods used on Binyam Mohamed that make even waterboarding look tame by comparison, "very far down the list of things they did." These include such things as the slicing of his genitals with a scalpel,

This is what allowing torture under any circumstances leads to. It is the slipperiest of slippery slopes. One step on it, and you rapidly end up in a cesspool, committing the most odious of acts.

POST SCRIPT: Gay marriage loophole

New Hampshire yesterday became the sixth and latest state to pass a law allowing gay marriage, continuing the inevitable march towards full equality. But from the Onion News Network we learn that gays are willing do anything to get married.


Conservatives Warn Quick Sex Change Only Barrier Between Gays, Marriage

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