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Ending US Torture: A Time for Hope and Healthy Skepticism
Nevertheless, although the new Executive Orders are encouraging, they still leave room for concern.
The decision to shut down Guantanamo is most welcome, yet it is not only lacking in detail but also allows too much time for its implementation. Guantanamo should be closed in less than a year. The many men who can go home should be immediately repatriated. Safe havens must be found for the others who would face torture or persecution if sent back. A handful will need to be tried in domestic courts.
Closing the CIA black sites is also enormously important. Secret prisons have no place in a democratic society. Their only purpose is to get around the Geneva conventions and other laws so that torture and abuse can be carried out. No option should be left open for reviving those sites.
Establishing a single standard for interrogation, also promulgated in principle, is essential if torture is to be flushed out of our system. One of the executive orders proposes to do this on the basis of the Army Field Manual. Nevertheless, serious ambiguities remain. First, a disturbing loophole is left by establishing a Task Force mandated to review this single standard in order determine whether exceptions should still be made for the CIA.
Second, the Field Manual itself contains a notorious "Appendix M" in which interrogation techniques are permitted that would qualify as "cruel, inhuman and degrading treatment" under the Geneva conventions. Future efforts must be aimed either at eliminating this Appendix or simply letting the Geneva conventions stand as the sole standard to which all US interrogations, whether by military or intelligence agencies, must conform.
Finally,it is noteworthy that no explicit mention was made of extraordinary rendition, a policy that needs to be firmly disavowed. Rendition has been the practice of apprehending suspects and sending them to countires where it is known that they will be tortured and abused. The US needs to apologize for this horrendous practice and to offer reparations, especially in those cases where it has been shown that the suspect was actually innocent (as Canada did for Maher Arar). While the tone of the president's remarks at the signing was heartening, his silence on rendition left a glaring hole.
Strong pressures, both openly and behind the scenes, to circumvent these new measures at their best are to be expected. They will come from right-wing sources and agencies like the CIA. For the past 50 years, the history of US involvement in torture has been the history of loopholes for the CIA.
In short, the new executive orders are full of promise, They overturn illegal and immoral tactics in the defense of national security. But they do not mean that the struggle is over.
George Hunsinger is the McCord Professor of Theology at Princeton Theological Seminary. He is the founder of the National Religious Campaign Against Torture. http://www.nrcat.org/ Among his recent books is Torture Is a Moral Issue: Christians, Jews, Muslims and People of Conscience Speak Out (Eerdmans, 2008).
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5 Comments so far
Show AllAlso, i am not certain as to how we prove that 'secret' CIA black sites can be verifiably closed...
Sioux Rose
There's a catch 22 regarding the current president's lack of will to speak directly to the issue of these offshore "free-law" (as in free OF law) zones. Through policies of aggression the U.S. has now ensured that it HAS formidable enemies, those who are not given to lay down their swords. They will nurse justifiable grievances that one way or another will seek out the means of future execution. With that being said, the infrastructure to protect U.S. citizens from terrorist attacks now has a greater justification now (this does not mean I am advocating in favor of offshore detention centers OR torture in any form) than it had when Bush and his evidently sadistic counterparts put its dark practices into motion.
Thanks to Hunsinger for this overview; excellent!.
The loopholes he has identified are indeed serious.
Only a strict adherence to the Geneva Conventions will suffice.
And beyond question 'rendition; needs to be outlawed.
It's just never enough. Never ever enough.
so mr. hunsinger,
we've actually got people in a safer haven - guantanamo - than if they were sent back home? i guess that's why we put them there in the first place? to protect them, right. i get it. i'm sure they're indebted to us.
as thomas more suggests, less than a week in office, and it's just not good enough.