After reading the recent release from the CIA regarding interrogation, I feel the need to have some specific reactions in the context of a statement that President Bush made in observance of "United Nation International Day in Support of Victims of Torture" in 2003.
This shows, if nothing else, the difference between our words and actions over the last 10 years. I also hope it raises some questions about the next step for our nation.
"Today, on the United Nations International Day in Support of Victims of Torture, the United States declares its strong solidarity with torture victims across the world. Torture anywhere is an affront to human dignity everywhere. We are committed to building a world where human rights are respected and protected by the rule of law."
Not committed enough to sign the Convention Against Torture without submitting a reservation? Not committed enough to sign the Optional Protocol?
"Freedom from torture is an inalienable human right. The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, ratified by the United States and more than 130 other countries since 1984, forbids governments from deliberately inflicting severe physical or mental pain or suffering on those within their custody or control."
Oh, wait – that’s right... The office of legal counsel determined that agency personnel using enhanced interrogation techniques would "not specifically intend to inflect severe pain or suffering," and in fact, that they "would not in fact inflict severe pain or suffering" by using techniques such as waterboarding... In other words, our torture is acceptable because it was an unintended outcome of interrogation tactics, and it did not cause pain and suffering. Odd, when considering that all branches of the SERE program with the exception of the navy stopped using waterboarding techniques because of its "dramatic effect on students who were subjects."
Not to mention the fact that we are assuming that in order to be considered "torture" pain must be "equivalent in intensity to pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death." On what planet is the pain and panic associated with suffocating not sufficient to meet this requirement?
"Yet torture continues to be practiced around the world by rogue regimes whose cruel methods match their determination to crush the human spirit."
I assume Bush is referring to our country? This is not isolated to torture.. We are often "rogue" in UN discussions, where we are unwilling to endorse documents that we help to produce, and expect other countries to sign.
"Notorious human rights abusers, including, among others, Burma, Cuba, North Korea, Iran, and Zimbabwe, have long sought to shield their abuses from the eyes of the world by staging elaborate deceptions and denying access to international human rights monitors."
Again – I assume Bush intended to list the United States among these countries? We have refused to allow the UN Special Rapporteur on Torture into Gitmo for years in an attempt to cover up our behavior. Even the Obama administration has refused the Special Rapporteur access without certain "rules" – These include denying him access to detainees and privacy during interviews and tours of facilities. Doesn’t sound like this would allow for a very effective fact finding mission to me?
"The United States is committed to the world-wide elimination of torture and we are leading this fight by example."
By "example," I imagine he is referring to waterboarding Khalid Shaykh Muhammad 183 times in March of 2003? No, perhaps he is referring to using a gun and drill to threaten Al-Nashiri? If not, surely he is referring to the detainee who was murdered at Asadabad Base? Need I say more?
"I call on all governments to join with the United States and the community of law-abiding nations in prohibiting, investigating, and prosecuting all acts of torture and in undertaking to prevent other cruel and unusual punishment."
Asking countries to join us assumes that we would actually prohibit, investigate and prosecute these behaviors, none of which we have done in any honest way.
To quote Colin Powell:
"in truth, no country is exempt from scrutiny, and all countries benefit from constant striving to identify their weaknesses and improve their performance in this less-than-perfect world."
I agree - It is time that we begin to consider that we, as Americans, are not exempt from scrutiny – That we can learn from this horrible abuse of human rights only if we stand up and say that we will never again pretend that we are exempt from error and from international law. This is why we owe every person the right to a fair trial. This is why we must cooperate with the UN by signing the Optional Protocol to the Convention Against Torture. This is why we need to show a commitment to the international community to allow international human rights monitors (as Bush asks above of other countries) into our detainment sites. What are we waiting for?