Inspired by this diary
We all know, or should all know provided nobody is holding a magnet to our moral compass, that torture is wrong. It is a crime easily on par with the worst of them, like rape, murder, genocide, and it frequently goes hand in hand with these. But there are still those who say that it can be worth it in certain situations, provided it provides useful information.
There's a problem with that. It doesn't. Can we know that for sure? Probably not, as we aren't omniscient. I don't know for sure that black holes exist. But an awful lot of people who know a lot about the problem say that torture does not work.
(For reasons of space, I only excerpted most of these articles. I highly recommend following the links and reading the articles in their entirety.)
Torture doesn't work.
Vladimir Bukovsky, who spent nearly 12 years in Soviet prisons, labor camps and psychiatric hospitals for nonviolent human rights activities, is the author of several books, including "To Build a Castle" and "Judgment in Moscow." Now 63, he has lived primarily in Cambridge, England, since 1976.
One nasty morning Comrade Stalin discovered that his favorite pipe was missing. Naturally, he called in his henchman, Lavrenti Beria, and instructed him to find the pipe. A few hours later, Stalin found it in his desk and called off the search. "But, Comrade Stalin," stammered Beria, "five suspects have already confessed to stealing it."
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This is a new debate for Americans, but there is no need for you to reinvent the wheel. Most nations can provide you with volumes on the subject. Indeed, with the exception of the Black Death, torture is the oldest scourge on our planet (hence there are so many conventions against it). Every Russian czar after Peter the Great solemnly abolished torture upon being enthroned, and every time his successor had to abolish it all over again. These czars were hardly bleeding-heart liberals, but long experience in the use of these "interrogation" practices in Russia had taught them that once condoned, torture will destroy their security apparatus. They understood that torture is the professional disease of any investigative machinery.
Apart from sheer frustration and other adrenaline-related emotions, investigators and detectives in hot pursuit have enormous temptation to use force to break the will of their prey because they believe that, metaphorically speaking, they have a "ticking bomb" case on their hands. But, much as a good hunter trains his hounds to bring the game to him rather than eating it, a good ruler has to restrain his henchmen from devouring the prey lest he be left empty-handed. Investigation is a subtle process, requiring patience and fine analytical ability, as well as a skill in cultivating one's sources. When torture is condoned, these rare talented people leave the service, having been outstripped by less gifted colleagues with their quick-fix methods, and the service itself degenerates into a playground for sadists. Thus, in its heyday, Joseph Stalin's notorious NKVD (the Soviet secret police) became nothing more than an army of butchers terrorizing the whole country but incapable of solving the simplest of crimes. And once the NKVD went into high gear, not even Stalin could stop it at will. He finally succeeded only by turning the fury of the NKVD against itself; he ordered his chief NKVD henchman, Nikolai Yezhov (Beria's predecessor), to be arrested together with his closest aides.
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If America's leaders want to hunt terrorists while transforming dictatorships into democracies, they must recognize that torture, which includes CID, has historically been an instrument of oppression -- not an instrument of investigation or of intelligence gathering. No country needs to invent how to "legalize" torture; the problem is rather how to stop it from happening. If it isn't stopped, torture will destroy your nation's important strategy to develop democracy in the Middle East. And if you cynically outsource torture to contractors and foreign agents, how can you possibly be surprised if an 18-year-old in the Middle East casts a jaundiced eye toward your reform efforts there?
Retired General David R Irvine says torture doesn't work.
Brigadier General David R. Irvine is a retired Army Reserve strategic intelligence officer who taught prisoner interrogation and military law for 18 years with the Sixth Army Intelligence School. He currently practices law in Salt Lake City, Utah.
Remarkably, of the nation's major newspapers, only the Wall Street Journal has editorialized in support of torture as a useful tool of American intelligence policy. Regrettably, that position does a huge disservice to the nation and its soldiers. There are really only three issues in this debate, and the Journal carefully turned a blind eye to all three: (1) is torture reliable, (2) is it consistent with America's values and Constitution, and (3) does it best serve our national interests?
No one has yet offered any validated evidence that torture produces reliable intelligence. While torture apologists frequently make the claim that torture saves lives, that assertion is directly contradicted by many Army, FBI, and CIA professionals who have actually interrogated al Qaeda captives. Exhibit A is the torture-extracted confession of Ibn al-Shaykh al-Libi, an al Qaeda captive who told the CIA in 2001, having been "rendered" to the tender mercies of Egypt, that Saddam Hussein had trained al Qaeda to use WMD. It appears that this confession was the only information upon which, in late 2002, the president, the vice president, and the secretary of state repeatedly claimed that "credible evidence" supported that claim, even though a now-declassified Defense Intelligence Agency report from February 2002 questioned the reliability of the confession because it was likely obtained under torture. In January 2004, al-Libi recanted his "confession," and a month later, the CIA recalled all intelligence reports based on his statements.
Exhibit B is the case of Manadel al-Jamadi, an Iraqi deemed a "high-value" target by the CIA. After being beaten to an extent that he had several broken ribs, he was subjected to a form of crucifixion known as "Palestinian hanging." Forty-five minutes later, he was dead, never having revealed whatever vital, ticking-bomb information his American interrogator was seeking.
CIA veterans say torture doesn't work
From 1972 to 1975, Frank Snepp was the CIA's top interrogator in Saigon, where he choreographed elaborate, protracted sessions with Nguyen Van Tai and, at one point, seven other senior Vietcong captives. To the question of whether torture or abusive behavior by interrogators is justified, Snepp's answer is unequivocally no. And the fact that this point isn't understood at the agency today, Snepp says, is a sign of serious problems.
"One of the big lessons for the agency was that the South Vietnamese torturing people got in the way of getting information," he says. "One day, without my knowledge, the South Vietnamese forces beat one of my subjects to a pulp, and when he staggered into the interrogation room, I was furious. And I went to the station chief and he said, 'What do you want me to do about it?' I told him to tell the Vietnamese to lay off, and he said, 'What do you want me to tell them in terms of why?' I said, 'Because it's wrong, it's just wrong.' He laughed and said, 'Look, we've got 180,000 North Vietnamese troops within a half hour of here -- I can't tell them, don't beat the enemy. Give me a pragmatic reason.' I said, 'He can't talk. He's a wreck. I can't interrogate him.' He said, 'That, I can use with them.'
"The important lesson for me was that moral arguments don't work," Snepp says. "But if you have pragmatic reasons, that will work. But the most important thing is that the only time you can be sure that what you're getting from someone is valid is through discourse. In Tai's case, the idea was to develop absolute trust, which you do not do by alienating and humiliating someone. He liked poetry; I brought him books of poetry, and in many sessions we sat and discussed poetry, nothing else. The most extreme thing I did was a disorientation technique, where I would keep jumping from one subject to another so rapidly that he might not remember what he'd told me the day before, or not remember that he had not, in fact, told me what I was saying he'd told me. Little by little, I drew him into revelations. And I was highly commended for this work."
McCain has said torture doesn't work
To those who say we should be cruel because our enemies are, McCain has a ready response: "Our values are different from those of our enemies. . . . We do not abuse human rights." To those who say we should use any technique to obtain intelligence, McCain says: "Torture doesn't work." And he should know.
Torture produces bad intel
It is partly a question of the accuracy of statements made under torture. Take the case of the Peruvian student Magdalena Monteza, abducted as an alleged subversive. After being tortured and repeatedly raped by her captors, she admitted to being part of a revolutionary cell. In the film State of Fear, she describes her story: "I’d never had sex before. I was a virgin, 19 years old... I couldn’t take the torture so I decided to sign. I confessed to things I never did... If they had sentenced me to death I wouldn’t have cared." The Canadian-Briton Bill Sampson was repeatedly tortured in a Saudi jail. Under torture, he admitted to being part of a network responsible for bombings and murder, thus enabling the authorities to pretend that there is no homegrown terrorism in Saudi Arabia.
In the lead-up to the Iraq war in 2003, Colin Powell told a "first-hand" story of how Saddam Hussein supported biological and chemical weapons training for al Qaeda. The story, gained from an al Qaeda operative tortured in Egypt, later proved to be untrue. One CIA source was quoted: "This is the problem with using the waterboard [being held under water until you think you will die, known to the Latin American military as the submarino]. They get so desperate that they begin telling you what they think you want to hear."
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The US army intelligence manual is clear: "The use of force is a poor technique, as it yields unreliable results, may damage subsequent collection efforts, and can induce the source to say whatever he thinks the interrogator wants to hear." This military common sense has been abandoned in the past few years in favour of the brutal, politically driven shortcut. Alberto Mora, until recently general counsel of the US Navy, argues: "Getting the information became the overriding objective. But there was a failure to look more broadly at the ramifications... When you put together the pieces, it’s all so sad."
Retired Admiral John Hutson, former CIA official Bob Baer, former CIA official in the Counter-Terrorism Center Michael Scheuer, retired FBI agent Dan Coleman, and the Army Field Manual all say torture doesn't work.
Rear Admiral (ret.) John Hutson, former Judge Advocate General for the Navy
"The United States has been a strong, unwavering advocate for human rights and the rule of law for as long as you and I have been alive. I'm not ready to throw in the towel on that just because we are in a battle with some terrible people. In fact, in a war like this, when we are tempted to respond in kind, we must hold ever more dearly to the values that make us Americans. Torture, or "cruel, inhuman or degrading" conduct, are not part of our national character. Another objection is that torture doesn't work. All the literature and experts say that if we really want usable information, we should go exactly the opposite way and try to gain the trust and confidence of the prisoners. Torture will get you information, but it's not reliable. Eventually, if you don't accidentally kill them first, torture victims will tell you something just to make you stop. It may or may not be true. If you torture 100 people, you'll get 100 different stories. If you gain the confidence of 100 people, you may get one valuable story." (Legal Affairs "Debate Club" January 27, 2005)
Bob Baer, former CIA official
"And torture -- I just don't think it really works. I think it works for the Egyptians, the Syrians, the Saudis, who want to scare the hell out of people. But you don't get the truth. What happens when you torture people is, they figure out what you want to hear and they tell you." (Interview with Slate, May 12, 2004)
Michael Scheuer, formerly a senior CIA official in the Counter-Terrorism Center
"I personally think that any information gotten through extreme methods of torture would probably be pretty useless because it would be someone telling you what you wanted to hear." (60 minutes "CIA flying suspects to Torture?" March 6, 2005)
Declassified FBI e-mail dated May 10, 2004, responding to the question of whether FBI in agents Guantanamo agents were instructed to "stand clear" due to interrogation techniques utilized by Department of Defense and Department of Homeland Security
"Our formal guidance has always been that all personnel conduct themselves in interviews in the manner that they would in the field. <redacted> along with the FBI advised that the LEA [Law Enforcement Agencies] at GTMO were not in the practice of the using <redacted> and were of the opinion results obtained from these interrogations were suspect at best. BAU explained to DoD, FBI has been successful for many years obtaining confessions via non-confrontational interviewing techniques."
Retired Air Force Colonel John Rothrock and Army Colonel Stuart Herrington say torture doesn't work
By contrast, it is easy to find experienced U.S. officers who argue precisely the opposite. Meet, for example, retired Air Force Col. John Rothrock, who, as a young captain, headed a combat interrogation team in Vietnam. More than once he was faced with a ticking time-bomb scenario: a captured Vietcong guerrilla who knew of plans to kill Americans. What was done in such cases was "not nice," he says. "But we did not physically abuse them." Rothrock used psychology, the shock of capture and of the unexpected. Once, he let a prisoner see a wounded comrade die. Yet -- as he remembers saying to the "desperate and honorable officers" who wanted him to move faster -- "if I take a Bunsen burner to the guy's genitals, he's going to tell you just about anything," which would be pointless. Rothrock, who is no squishy liberal, says that he doesn't know "any professional intelligence officers of my generation who would think this is a good idea."
Or listen to Army Col. Stuart Herrington, a military intelligence specialist who conducted interrogations in Vietnam, Panama and Iraq during Desert Storm, and who was sent by the Pentagon in 2003 -- long before Abu Ghraib -- to assess interrogations in Iraq. Aside from its immorality and its illegality, says Herrington, torture is simply "not a good way to get information." In his experience, nine out of 10 people can be persuaded to talk with no "stress methods" at all, let alone cruel and unusual ones. Asked whether that would be true of religiously motivated fanatics, he says that the "batting average" might be lower: "perhaps six out of ten." And if you beat up the remaining four? "They'll just tell you anything to get you to stop."
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An up-to-date illustration of the colonel's point appeared in recently released FBI documents from the naval base at Guantanamo Bay, Cuba. These show, among other things, that some military intelligence officers wanted to use harsher interrogation methods than the FBI did. As a result, complained one inspector, "every time the FBI established a rapport with a detainee, the military would step in and the detainee would stop being cooperative." So much for the utility of torture.
I imagine O'Reilly and Hannity say torture does work, but what do they know? TV shows on FOX may say torture does work, but they're hardly the experts. Gung ho keyboard warriors willing to do "whatever it takes" to "defend freedom" from "violent Islamofascists" and "surrender monkey blame-America-first libruls" may think torture works, but they don't have military experience in the field of interrogation and intelligence gathering. A masturbatory right wing fantasy where you get to pistol whip the faceless jihadi and he tells you where the bomb is and you save the country and get a parade is fiction. It is not reality.
Torture is the weapon of totalitarian regimes, the threat used to maintain order and create fictional results to keep dictators happy, it's not the tool of a free country. And it does not work.
(For anybody who wonders "How are we supposed to get information without torturing people?" I present Army FM34-52 "INTELLIGENCE INTERROGATION", which describes methods that work, and in detail.)