Just over a year ago, legal scholars and pundits posed the question,
"Is torture justifiable in the post-Sept. 11 world?"
Now the unthinkable has come to pass. According to a report published in
The Chronicle last month ("U.S. uses tough tactics on silent terrorists," Dec.
26), some CIA and U.S. military personnel are tolerating and encouraging
physical abuse and torture as part of the "war on terrorism."
The article, by Dana Priest and Barton Gellman of the Washington Post,
graphically reveals how U.S. interrogators at Bagram Air Force Base in
Afghanistan, on the Indian Ocean island of Diego Garcia, and at other overseas
sites, have brutally treated al Qaeda and Taliban forces in a "brass-knuckled
quest for information" to uncover future terrorist plots. "Take-down teams,"
consisting of U.S. Army Special Forces troops, FBI and CIA agents and Northern
Alliance troops, disorient and intimidate suspects by blindfolding and beating
them, throwing them into walls, binding them for long periods in contorted
positions and depriving them of sleep for days at a time.
The teams then "package" some prisoners by hooding them and duct-taping
them to stretchers for transport. Approximately 100 have been extradited for
interrogation in countries with notorious human rights records, including
Jordan, Egypt, Morocco and Saudi Arabia - all of which have been cited by
Human Rights Watch, Amnesty International and the U.S. State Department for
their brutal treatment of prisoners - including torture.
These detention centers (including the Bagram and Diego Garcia facilities)
are off limits to independent agencies such as the Red Cross, which might
monitor prisoner conditions and treatment. Although the CIA officially
prohibits torture, the Bush administration has largely ignored the treatment
of extradited prisoners.
In September 2002, Cofer Black, then head of the CIA's Counterterrorist
Center, told House and Senate intelligence committees that "there was a before
9/11, and there was an after 9/11. After 9/11 the gloves come off."
Torture appears as the preferred means of eliciting confessions during
humankind's most depraved moments: the Dark Ages, the Spanish Inquisition and
the Nazi Third Reich. It conjures up macabre images of torture racks, scourges
and branding irons. Yet in the late 20th century, some of the most ruthless
torturers were death squads and dictatorships funded and trained by the CIA in
its zealous Cold War counterinsurgency campaigns.
William Blum, in his book "Rogue State," documents the key role U.S.
intelligence agencies and military advisers played in supporting operations
carried out by right-wing Latin American and Vietnamese torturers from the
1960s to the 1980s. In Central America, their efforts included the creation
and distribution of technical manuals for applying physical and psychological
torture. These described where to place electrodes on human bodies for
"optimal" results and how to create despair through intimidation and
humiliation.
But torture - including torture by proxy - directly violates international
humanitarian laws such as the Geneva Conventions (which set minimum standards
for the treatment of the sick, the wounded and prisoners during wartime), the
Universal Declaration of Human Rights and the Convention Against Torture
(ratified by our country in 1994). Among other things, the latter specifies
that "No exceptional circumstances whatsoever, whether a state of war of a
threat of war, internal political instability or any other public emergency,
may be invoked as a justification for torture."
The idea that torture is acceptable in the wake of Sept. 11 - or any other
circumstances - is dangerously flawed. History shows that once a society
justifies its use on even a limited scale, it tends to thoroughly infect the
judicial system.
These techniques also send a terrible message to the entire globe: that
torture is acceptable and the rule of law can be ignored. In the eyes of the
world, the Bush administration's refusal to endorse the International Criminal
Court will surely be viewed as further evidence of a growing American contempt
for the rule of international law.
A horrifying element of allegations of the CIA's outrageous use of torture
by proxy is that it has provoked little controversy or indignation. The fact
that some intellectuals have recently debated the propriety and efficacy of
techniques perfected by medieval and fascist societies signals a deepening
moral corrosion - an utter loss of humanity.
Attempting to rid the world of terrorism should never justify its use. As
citizens, we should insist that Congress investigate reports of torture and
physical abuse by U.S. officials and allies, and we should demand that such
practices end immediately.
The rule of international law is all that we have to prevent the world from
slipping into absolute lawlessness. Without it, brute force and militarism
reign supreme. It will indeed be a bitter tragedy if the "war on terrorism"
obliterates what remains of the American commitment to the rule of law.
Roberto J. Gonzalez is assistant professor of anthropology at San Jose State University and editor of the forthcoming book, "Anthropology Goes Public: Cultural Critique of American Empire" (University of Texas Press, 2003).
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