Showing posts with label Waterboarding. Show all posts
Showing posts with label Waterboarding. Show all posts

Wednesday, October 22, 2014

Obama administration considering adopting Bush-era view of UN convention against torture

In 2005 the Bush administration revealed that it interpreted the UN Convention Against Torture banning "cruel, inhuman or degrading treatment" as not applicable to the CIA or military prisons overseas.

Barack Obama was at that time just a newly-elected senator but he supported legislation that would make it clear that US officials were barred from using such treatment anywhere. However, the Obama administration has so far not stated its official position on how the treaty is to be interpreted.
  The New York Times reports that Obama's legal group is considering whether the administration should retreat from his earlier view and adopt a position very much like that of former president George W. Bush — that the treaty does not impose legal obligations to bar torture outside the borders of the U.S. The U.S. will send a delegation to Geneva next month to appear before a UN panel that monitors compliance with the UN treaty.
The Times claims that State Department lawyers are in favor of jettisoning the Bush interpretation. Obama had already issued an executive order in 2009 that forbade torture anywhere in the world and so this position would not involve any change in policy. Military and intelligence lawyers, however, oppose accepting the implication that the treaty creates any legal obligations on any U.S. actions outside the U.S. These lawyers worry that detainees abroad could sue the US for being subject to torture. Courts have repeatedly thrown out such lawsuits.
Bernadette Meehan, a National Security Council spokesperson, claims that Obama's views on the issue were quite clear and distinct from how the UN treaty was to be interpreted: “We are considering that question, and other questions posed by the committee, carefully as we prepare for the presentation in November. But there is no question that torture and cruel treatment in armed conflict are clearly and categorically prohibited in all places.” If the Bush-era narrow interpretation of US obligations is again adopted, this would clear the way again for torture to be adopted by the U.S. abroad.
 The US Senate Intelligence Committee recently completed a classified 6,000-page report into the CIA's detention and interrogation from September 2001 to 2006. However, the report did not consider the role of George W. Bush or his top officials in approving abuses, including torture. The public will only be able to see a partly-redacted, 500-page summary of the report once the classification process is completed. The Committee allowed the Obama administration to withhold about 9,000 documents based upon executive privilege.
A number of foreign leaders and NGOs have pressed for charges to be made against Bush and former members of his administration for approving abuse of detainees during the period studied by the Senate Committee. The only official to go to jail over the torture issue was John Kiriakou, a whistleblower who was one of the first to confirm the existence of the US waterboarding program. He was sentenced to two-and-a-half years in jail for revealing the name of an uncercover agent.
 The present director of the Central Intelligence Agency John Brennan was also an important CIA official during the period when it was carrying out its policies of abuse, and he defended policies like waterboarding. Obama has held up release of the redacted summary report of the Senate Intelligence Committee. Brennan and his cleanup crew are no doubt busy redacting any mud in the report that might soil the pristine reputation of the CIA. Obama refused to lay charges against any Bush era officials involved in torture. Indeed, after two tries he was able to have one appointed as head of the CIA.
As the president so eloquently put the issue: "This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past." Of course exceptions can be made for whistleblowers.

Thursday, November 1, 2007

Waterboarding: A crisis of honour

This is from Smallwarsjournal.
This is an analysis of waterboarding from someone who knows. This analysis and talk of honor contrasts with the article on General Hayden director of the CIA who defends rendition and cannot say straight out that waterboarding is torture!


I’d like to digress from my usual analysis of insurgent strategy and tactics to speak out on an issue of grave importance to Small Wars Journal readers. We, as a nation, are having a crisis of honor.

Last week the Attorney General nominee Judge Michael Mukasey refused to define waterboarding terror suspects as torture. On the same day MSNBC television pundit and former Republican Congressman Joe Scarborough quickly spoke out in its favor. On his morning television broadcast, he asserted, without any basis in fact, that the efficacy of the waterboard a viable tool to be used on Al Qaeda suspects.

Scarborough said, "For those who don't know, waterboarding is what we did to Khalid Sheikh Mohammed, who is the Al Qaeda number two guy that planned 9/11. And he talked …" He then speculated that “If you ask Americans whether they think it's okay for us to waterboard in a controlled environment … 90% of Americans will say 'yes.'” Sensing that what he was saying sounded extreme, he then claimed he did not support torture but that waterboarding was debatable as a technique: "You know, that's the debate. Is waterboarding torture? … I don't want the United States to engage in the type of torture that [Senator] John McCain had to endure."

In fact, waterboarding is just the type of torture then Lt. Commander John McCain had to endure at the hands of the North Vietnamese. As a former Master Instructor and Chief of Training at the US Navy Survival, Evasion, Resistance and Escape School (SERE) in San Diego, California I know the waterboard personally and intimately. SERE staff were required undergo the waterboard at its fullest. I was no exception. I have personally led, witnessed and supervised waterboarding of hundreds of people. It has been reported that both the Army and Navy SERE school’s interrogation manuals were used to form the interrogation techniques used by the US army and the CIA for its terror suspects. What was not mentioned in most articles was that SERE was designed to show how an evil totalitarian, enemy would use torture at the slightest whim. If this is the case, then waterboarding is unquestionably being used as torture technique.

The carnival-like he-said, she-said of the legality of Enhanced Interrogation Techniques has become a form of doublespeak worthy of Catch-22. Having been subjected to them all, I know these techniques, if in fact they are actually being used, are not dangerous when applied in training for short periods. However, when performed with even moderate intensity over an extended time on an unsuspecting prisoner – it is torture, without doubt. Couple that with waterboarding and the entire medley not only “shock the conscience” as the statute forbids -it would terrify you. Most people can not stand to watch a high intensity kinetic interrogation. One has to overcome basic human decency to endure watching or causing the effects. The brutality would force you into a personal moral dilemma between humanity and hatred. It would leave you to question the meaning of what it is to be an American.

We live at a time where Americans, completely uninformed by an incurious media and enthralled by vengeance-based fantasy television shows like “24”, are actually cheering and encouraging such torture as justifiable revenge for the September 11 attacks. Having been a rescuer in one of those incidents and personally affected by both attacks, I am bewildered at how casually we have thrown off the mantle of world-leader in justice and honor. Who we have become? Because at this juncture, after Abu Ghraieb and other undignified exposed incidents of murder and torture, we appear to have become no better than our opponents.

With regards to the waterboard, I want to set the record straight so the apologists can finally embrace the fact that they condone and encourage torture.

History’s Lessons Ignored

Before arriving for my assignment at SERE, I traveled to Cambodia to visit the torture camps of the Khmer Rouge. The country had just opened for tourism and the effect of the genocide was still heavy in the air. I wanted to know how real torturers and terror camp guards would behave and learn how to resist them from survivors of such horrors. I had previously visited the Nazi death camps Dachau and Bergen-Belsen. I had met and interviewed survivors of Buchenwald, Auschwitz and Magdeburg when I visited Yad Vashem in Jerusalem. However, it was in the S-21 death camp known as Tuol Sleng, in downtown Phnom Penh, where I found a perfectly intact inclined waterboard. Next to it was the painting on how it was used. It was cruder than ours mainly because they used metal shackles to strap the victim down, and a tin flower pot sprinkler to regulate the water flow rate, but it was the same device I would be subjected to a few weeks later.

On a Mekong River trip, I met a 60-year-old man, happy to be alive and a cheerful travel companion, who survived the genocide and torture … he spoke openly about it and gave me a valuable lesson: “If you want to survive, you must learn that ‘walking through a low door means you have to be able to bow.’” He told his interrogators everything they wanted to know including the truth. They rarely stopped. In torture, he confessed to being a hermaphrodite, a CIA spy, a Buddhist Monk, a Catholic Bishop and the son of the king of Cambodia. He was actually just a school teacher whose crime was that he once spoke French. He remembered “the Barrel” version of waterboarding quite well. Head first until the water filled the lungs, then you talk.

Once at SERE and tasked to rewrite the Navy SERE program for the first time since the Vietnam War, we incorporated interrogation and torture techniques from the Middle East, Latin America and South Asia into the curriculum. In the process, I studied hundreds of classified written reports, dozens of personal memoirs of American captives from the French-Indian Wars and the American Revolution to the Argentinean ‘Dirty War’ and Bosnia. There were endless hours of videotaped debriefings from World War Two, Korea, Vietnam and Gulf War POWs and interrogators. I devoured the hundreds of pages of debriefs and video reports including those of then Commander John McCain, Colonel Nick Rowe, Lt. Dieter Dengler and Admiral James Stockdale, the former Senior Ranking Officer of the Hanoi Hilton. All of them had been tortured by the Vietnamese, Pathet Lao or Cambodians. The minutiae of North Vietnamese torture techniques was discussed with our staff advisor and former Hanoi Hilton POW Doug Hegdahl as well as discussions with Admiral Stockdale himself. The waterboard was clearly one of the tools dictators and totalitarian regimes preferred.

There is No Debate Except for Torture Apologists

1. Waterboarding is a torture technique. Period. There is no way to gloss over it or sugarcoat it. It has no justification outside of its limited role as a training demonstrator. Our service members have to learn that the will to survive requires them accept and understand that they may be subjected to torture, but that America is better than its enemies and it is one’s duty to trust in your nation and God, endure the hardships and return home with honor.

2. Waterboarding is not a simulation. Unless you have been strapped down to the board, have endured the agonizing feeling of the water overpowering your gag reflex, and then feel your throat open and allow pint after pint of water to involuntarily fill your lungs, you will not know the meaning of the word.

Waterboarding is a controlled drowning that, in the American model, occurs under the watch of a doctor, a psychologist, an interrogator and a trained strap-in/strap-out team. It does not simulate drowning, as the lungs are actually filling with water. There is no way to simulate that. The victim is drowning. How much the victim is to drown depends on the desired result (in the form of answers to questions shouted into the victim’s face) and the obstinacy of the subject. A team doctor watches the quantity of water that is ingested and for the physiological signs which show when the drowning effect goes from painful psychological experience, to horrific suffocating punishment to the final death spiral.

Waterboarding is slow motion suffocation with enough time to contemplate the inevitability of black out and expiration –usually the person goes into hysterics on the board. For the uninitiated, it is horrifying to watch and if it goes wrong, it can lead straight to terminal hypoxia. When done right it is controlled death. Its lack of physical scarring allows the victim to recover and be threaten with its use again and again.

Call it “Chinese Water Torture,” “the Barrel,” or “the Waterfall,” it is all the same. Whether the victim is allowed to comply or not is usually left up to the interrogator. Many waterboard team members, even in training, enjoy the sadistic power of making the victim suffer and often ask questions as an after thought. These people are dangerous and predictable and when left unshackled, unsupervised or undetected they bring us the murderous abuses seen at Abu Ghraieb, Baghram and Guantanamo. No doubt, to avoid human factors like fear and guilt someone has created a one-button version that probably looks like an MRI machine with high intensity waterjets.

3. If you support the use of waterboarding on enemy captives, you support the use of that torture on any future American captives. The Small Wars Council had a spirited discussion about this earlier in the year, especially when former Marine Generals Krulak and Hoar rejected all arguments for torture.

Evan Wallach wrote a brilliant history of the use of waterboarding as a war crime and the open acceptance of it by the administration in an article for Columbia Journal for Transnational Law. In it he describes how the ideological Justice Department lawyer, John Yoo validated the current dilemma we find ourselves in by asserting that the President had powers above and beyond the Constitution and the Congress:

“Congress doesn’t have the power to tie the President’s hands in regard to torture as an interrogation technique....It’s the core of the Commander-in-Chief function. They can’t prevent the President from ordering torture.”

That is an astounding assertion. It reflects a basic disregard for the law of the United States, the Constitution and basic moral decency.

Another MSNBC commentator defended the administration and stated that waterboarding is "not a new phenomenon" and that it had "been pinned on President Bush … but this has been part of interrogation for years and years and years." He is correct, but only partially. The Washington Post reported in 2006 that it was mainly America’s enemies that used it as a principal interrogation method. After World War 2, Japanese waterboard team members were tried for war crimes. In Vietnam, service members were placed under investigation when a photo of a field-expedient waterboarding became publicly known.

Torture in captivity simulation training reveals there are ways an enemy can inflict punishment which will render the subject wholly helpless and which will generally overcome his willpower. The torturer will trigger within the subject a survival instinct, in this case the ability to breathe, which makes the victim instantly pliable and ready to comply. It is purely and simply a tool by which to deprive a human being of his ability to resist through physical humiliation. The very concept of an American Torturer is an anathema to our values.

I concur strongly with the opinions of professional interrogators like Colonel Stewart Herrington, and victims of torture like Senator John McCain. If you want consistent, accurate and reliable intelligence, be inquisitive, analytical, patient but most of all professional, amiable and compassionate.

Who will complain about the new world-wide embrace of torture? America has justified it legally at the highest levels of government. Even worse, the administration has selectively leaked supposed successes of the water board such as the alleged Khalid Sheik Mohammed confessions. However, in the same breath the CIA sources for the Washington Post noted that in Mohammed’s case they got information but "not all of it reliable." Of course, when you waterboard you get all the magic answers you want -because remember, the subject will talk. They all talk! Anyone strapped down will say anything, absolutely anything to get the torture to stop. Torture. Does. Not. Work.

According to the President, this is not a torture, so future torturers in other countries now have an American legal basis to perform the acts. Every hostile intelligence agency and terrorist in the world will consider it a viable tool, which can be used with impunity. It has been turned into perfectly acceptable behavior for information finding.

A torture victim can be made to say anything by an evil nation that does not abide by humanity, morality, treaties or rule of law. Today we are on the verge of becoming that nation. Is it possible that September 11 hurt us so much that we have decided to gladly adopt the tools of KGB, the Khmer Rouge, the Nazi Gestapo, the North Vietnamese, the North Koreans and the Burmese Junta?

What next if the waterboarding on a critical the captive doesn’t work and you have a timetable to stop the “ticking bomb” scenario? Electric shock to the genitals? Taking a pregnant woman and electrocuting the fetus inside her? Executing a captive’s children in front of him? Dropping live people from an airplane over the ocean? It has all been done by governments seeking information. All claimed the same need to stop the ticking bomb. It is not a far leap from torture to murder, especially if the subject is defiant. Are we willing to trade our nation’s soul for tactical intelligence?

Thursday, October 18, 2007

Mukasey mum on torture techniques

The entire article is at Yahoo. So here is a guy that doesn't know whether waterboarding is torture! Even retired Navy lawyers know it is torture:
Other than perhaps the rack and thumbscrews, waterboarding is the most iconic example of torture in history," said retired Rear Adm. John D. Hutson, a former Navy lawyer and dean of Franklin Pierce Law Center in Concord, N.H. "It has been repudiated for centuries. It's a little bit disconcerting to hear now that we're not quite sure where waterboarding fits in the scheme of things."
Mukasey actually may make a good substitute for Gonazales in Bush's scheme of things.

Mukasey mum on torture techniques By LARA JAKES JORDAN, Associated Press Writer


Attorney General-nominee Michael Mukasey refused to say Thursday whether he considers waterboarding a form of torture, frustrating Democrats and potentially slowing his confirmation to head the Justice Department.

In an increasingly testy second day of hearings before the Senate Judiciary Committee, Mukasey also said he is reluctant to support legislation protecting reporters from being forced by courts to reveal their sources. The Democratic-led panel has approved those protections, which President Bush has threatened to veto.

Mukasey, a retired federal judge who has ruled in some of the nation's highest-profile terror trials, repeatedly avoided discussing the legality of specific interrogation techniques — including forced nudity, mock executions and simulated drowning known as waterboarding.

To comment would be irresponsible "when there are people who are using coercive techniques and who are being authorized to use coercive techniques," Mukasey said.

"And for me to say something that is going to put their careers or freedom at risk simply because I want to be congenial — I don't think it would be responsible of me to do that," Mukasey said.

Instead, Mukasey stuck to his earlier definition of torture

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