June 12, 2009

On torture-20: The case of Jose Padilla

(For previous posts on torture, see here.)

In the previous post, we saw how the US government, over a period of time, studied and refined the techniques of psychological torture practiced by other countries and then outsourced these practices to its client states during the Cold War. With the onset of the 'war on terror' following the events of 2001, it started using those techniques directly, leading to the abuses at Abu Ghraib, Guantanamo, Bagram, and the so-called 'black sites' around the world.

Jose Padilla, who was arrested in the US in 2002 at Chicago airport and charged with threatening to explode a so-called radioactive 'dirty bomb', was one of the earliest victims of the new policies. Then Attorney General John Ashcroft held a sensational press conference announcing his arrest and George W. Bush then designated him as an 'illegal enemy combatant' not entitled to a trial in the regular courts, even though he was an American citizen. The sensational 'dirty bomb' charge that was used to terrify people and garner publicity was later quietly dropped and replaced by much vaguer conspiracy charges. The ability of the government to declare a US citizen as an enemy combatant was challenged and went through several court iterations before the government in November 2005, presumably seeking to avoid a US Supreme Court decision against it, decided to charge him in the regular civilian courts in Miami, Florida. He was found guilty in 2007 and sentenced to over 17 years in prison.

This is how the mind of Jose Padilla was destroyed so that he was willing to say anything his torturers wanted him to say. According to Amy Goodman of Democracy Now, the Christian Science Monitor reported that Padilla was originally kept in extreme isolation for three months in something called the 'brig' at a naval base in South Carolina: "Padilla's cell measured nine feet by seven feet. The windows were covered over… He had no pillow. No sheet. No clock. No calendar. No radio. No television. No telephone calls. No visitors. Even Padilla's lawyer was prevented from seeing him for nearly two years." Even when in shackles he was taken to see a dentist, he had to wear blacked out goggles to prevent any light from reaching him and headphones to shut out any sound.

Dr. Angela Hegarty, a forensic psychiatrist who examined Padilla, describes in chilling detail how they broke down Padilla and the net result, which was that he identified totally with his interrogators and the Bush government. He did not want to do anything that might result in him being sent back to the brig, and he felt that the best way to do that was to acquiesce in whatever the government wanted, even if it meant turning against his own lawyers. The US government threatened him with further torture if he revealed information about the torture he had already experienced. "According to the Yale Clinic's suit, the government threatened Padilla that if he told anyone what happened to him while he was an enemy combatant, that he would be re-designated an enemy combatant and taken back into Defense Department custody. The suit alleges, as have his defense attorneys, that Padilla's lawyers were not able to mount as complete a defense as they could have were Padilla not afraid to talk to them for fear of government retaliation."

Alfred W. McCoy, who had studies the history of torture in some detail, says that when he saw the now-iconic photo from Abu Ghraib of the black-hooded prisoner standing with outstretched arms and fake electrodes connected, he immediately recognized two classic and key torture features that the CIA had developed: sensory deprivation (in the form of the hood) and stress positions (standing with arms outstretched). This makes implausible the story put out by the Bush-Cheney administration that blamed the lowly soldiers in charge of the prisoners for the torture, by describing them as a few "bad apples". It is highly unlikely that they could have stumbled upon these highly researched torture techniques on their own.

With the end of the Cold War, the US tried to have it both ways: trying to reach the moral high ground by signing the 1994 Convention Against Torture, while quietly trying to reserve for itself the right to continue the psychological torture practices it had perfected. This was, as is the case with all major pro-war/pro-business actions, a bipartisan effort. As McCoy says:

When the Cold War came to a close, Washington resumed its advocacy of human rights, ratifying the UN Convention Against Torture in 1994 that banned the infliction of 'severe' psychological and physical pain. On the surface, the United States had apparently resolved the tension between its anti-torture principles and its torture practices.

Yet when President William Clinton sent this UN Convention to Congress for ratification in 1994, he included language drafted six years earlier by the Reagan administration—with four detailed diplomatic 'reservations' focused on just one word in the convention's 26-printed pages. That word was "mental."

Significantly, these intricately-constructed diplomatic reservations re-defined torture, as interpreted by the United States, to exclude sensory deprivation and self-inflicted pain—the very techniques the CIA had refined at such great cost. Of equal import, this definition was reproduced verbatim in domestic legislation enacted to give legal force to the UN Convention--first in Section 2340 of the US Federal Code and then in the War Crimes Act of 1996.

Remember that obscure number--Section 2340—for, as we will see, it is the key to unlocking the meaning of the controversial Military Commissions Law enacted by the US Congress just last September.

In effect, Washington had split the UN Convention down the middle, banning physical torture but exempting psychological abuse. By failing to repudiate the CIA's use of torture, while adopting a UN convention that condemned its practice, the United States left this contradiction buried like a political land mine ready to detonate with such phenomenal force, just 10 years later, in the Abu Ghraib scandal.

McCoy's article sheds light on something that has puzzled me, which was the brazen attempt by Bush/Cheney to deny the obvious, that what they were doing was torture. They were aided in this effort by a compliant media that treated these statements respectfully and which still avoids using the word torture when talking about the treatment of detainees. It becomes clear that Bush/Cheney and all the apologists in their administration who approved and authorized these torture techniques are depending on the above convoluted reasoning to imply that they satisfied the letter of the law and treaties against torture.

POST SCRIPT: Oh, the horror

The Daily Show shows the awful conditions under which the Swedes live because of their socialist policies.

Part 1:

The Daily Show With Jon StewartM - Th 11p / 10c
The Stockholm Syndrome
Daily Show
Full Episodes
Economic CrisisPolitical Humor

Part 2:

The Daily Show With Jon StewartM - Th 11p / 10c
The Stockholm Syndrome Pt. 2
Daily Show
Full Episodes
Economic CrisisPolitical Humor


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