The case for torture does exist. It exists in that realm of plausibility that is so remote its just not going to happen. It makes for entertaining movies and suspense filled television shows but thats about it. Its not impossible, but its so close it may as well be fantasy. From all accounts that situation has yet to happen. CIA interrogators have come out to say that torture just doesn't work and that the ticking time bomb scenario just doesn't happen in real life. The administration says they tortured the subjects at Guantanamo because they feared nuclear weapons had been smuggled in to the United States and were being prepared to destroy a city. First of all I think this is a lie made up to cover their asses. This is the same administration that warned of mushroom clouds and WMDs in Iraq. They'll say anything to justify whatever goal they seek. If they were feeding off of "chatter" then they were suckers. Its the wolves at the door fear mongering we should be used to by now. Second, fear is not enough to justify torturing someone. Just because you have a bug up your ass does not mean you go torturing someone to see if you should have a bug up your ass.
The only time torture is reasonable is if you know for a fact there is a danger that someone will lose their life, that the person you have in your possession is either responsible or involved and most importantly that they have the information you need to stop the deaths. You know this beyond any reasonable doubt, and not reasonable doubt from a legal standpoint but that which guides your own conscience. Otherwise even if the torture revealed information there is no way of knowing if its real or just information given you to stop the torture. It has to be actionable and immediate.
So torture is a reasonable tool under very specific circumstances. But those are so remote that to allow the use of torture takes the chance of it being used too often and at the whim of the unreasonable fears of those in charge. Bush and Cheney were frightened. Thats no reason to torture people. The only way to ensure that torture is only used when its necessary and productive is to make it completely and totally illegal. Huh? How can it be used in those situations where it might actually do some good if its illegal? The answer is simple. Just because something is illegal does not mean it will never be done. If that were the case we wouldn't have robberies, rape, murder, etc. They are illegal and people do them anyway. Laws don't stop crimes, they offer a penalty for committing them. Crimes continue to be committed in spite of laws because either the immediate reward outweighs the future penalty or the criminal thinks he can get away with the crime.
So torture should be illegal. How will it get used in that situation where it needs to?
The interrogator knows its illegal. He knows that the subject has the information he wants and that innocent life is in immanent peril. He chooses to commit a horrible crime to get the information because he knows the subject has the information he needs and that once received it will stop the loss of life. It will find the nuclear weapon in time, it will find the little girl trapped in the coffin with the air running out. He commits a crime in this situation because he knows that even though he faces criminal charges for his actions there are two things that will save him 1) A jury will never convict him and 2) if convicted he faces the real possibility of a pardon or commutation of sentence. He saved the city, he rescued the little girl, no one is going to let him hang for that. He takes his chances with his own life and career because he knows the risk is that important. And that is the bright line for the use of torture. If the situation where torture may be a plausible tool to protect a life or lives is so remote then the chances of someone using torture must also be remote. It must take a hero, someone willing to risk their own safety for someone else. People should know that simply fear of something happening is not enough to justify it. Not that there should be any formal reasons to justify it.
For completeness let me also say that water boarding is torture. Stress positions, sleep deprivation, rape, temperature extremes are all torture. Anything we don't want inflicted on our citizens or soldiers in foreign custody is torture.
For the greater good, that of our nations values and standing in the world and our own peace of mind, we should not engage in torture even when there is an inkling of satisfaction or the notion it might produce some shred of information that might be useful. The ends do not justify the means.
Now I stated above situations where clearly I think torture is a reasonable act. Situations where if I were sitting on a jury I would vote to not convict even if I knew the accused committed the act. So there is contradiction. I think its just one of those situations where the mind cannot find a clear resolution. I cannot fathom that the universe goes on forever and ever and yet I also cannot fathom it simply stops at some invisible wall in space because clearly that means there is something on the other side. Torture, when it should be used, how we both prevent its use and allow for it in the extreme cases without making it clear that its justified is just one of those perplexing notions. We have to simplify it down to say its just wrong and illegal and if it is ever used we understand that good will win in the end. If the interrogator that tortures and saves the world rots in prison for the rest of his life then he knows that those were the cards he was dealt. He made a choice and in so doing chose to live with the consequences. However, society will make the right decision for him in the end. His heart and conscience are in tact despite the punishment and we as a society can go on with a higher standing in the world.
If the potential fate of this hero that saves the world in some way bothers people then the answer to that is the understanding that it just isn't ever going to happen. Evil will happen but the likelihood that it will happen while the evil doer is in custody just isn't going to happen...except in fantasy.