Thursday 7 February 2008

Torture: Is it really wrong?

Recently, the White House stated that the president of the United States could authorize the use of the water boarding technique as a means of forcing terrorist suspects into disclosing information with respect to future terrorist activities that are planned by their terrorist organizations.

This coercive technique applied to the person being water boarded gives him the sensation that he is drowning. The person is tied to a chair and a cloth is placed over his head and then his head is pushed backwards and while in that position, water is poured over the cloth to such an extent that the person has difficulty breathing because every time he breathes either through his nose or his mouth, he ingests water. It is akin to being slowly drowned. In actual fact, he isn’t drowning but he becomes very close to drowning. Those who have experienced coming close to drowning will understand the fear that one experiences while that is happening to them. Many years ago while I was trying to save someone from drowning; he dragged me under water and I almost drowned in the process before I got us both to the surface again. That being as it is, I speak as an authority on near drowning. It is a terrifying experience.

Water boarding is not a new phenomenon. It has been traced as far back as the Spanish Inquisition. Another version of it is when the person being questioned is tied on a board with his head at one end and his feet at the other end. The end where is head is at is then dipped into a tub of water until his entire head is submerged. Then about a minute later, his head is pulled out of the water so that he can breathe again. This is repeated until he tells his torturers what they want to hear. If he drowns, they resuscitate him and begin the procedure all over again.

Most nations condemn this form of torture. The Universal Declaration of Human Rights (article 5), and the International Covenant on Civil and Political Rights (article 7), both state that no one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In 1975, the United Nations dealt with this issue at the U.N. Headquarters in Geneva, Switzerland. I was scheduled to speak at one of the sessions at that international conference; my speech being on the subject of terrorism but I decided not to speak on the subject of torture. I made this decision because at that time, I wasn’t sure what the real answer was to the question as to whether or not torture should be used to get information from terrorists.

It was during that Fifth Congress on the Prevention of Crime and the Treatment of Offenders, that the majority of the delegate's proposed draft of the 12-article ‘Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’. The Declaration was adopted by the General Assembly at its thirtieth session several months later.

The General Assembly had called on all member states in 1977 to reinforce their support of the Declaration by making unilateral declarations against torture and depositing them with the Secretary-General. In signing and ratifying the new Convention, the member states agreed to make a further binding commitment to eliminate those practices wherever they occur.

The text of the Convention defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person" to obtain information or a confession; to punish, intimidate or coerce; "or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions" (article 1).

It further stated that neither exceptional circumstances---such as a state or threat of war, internal political instability, or other public emergency---nor an order from a superior officer of public authority may be invoked to justify torture (article 2).

Empirically speaking, torture has been stopped---in Greece, in Argentina, in Brazil, and elsewhere. However, the question that comes to the fore is; is water boarding really a form of torture? The United Nations finally decided that anyone who is subjected to long-term physical or mental damage; is in fact being tortured. The phrase, ‘long term’ is really the issue on this subject. There is no question that at the time this technique is being used against a suspected terrorist, he is being subjected to physical and mental suffering.

Over half a century ago, I was tortured for ten hours non-stop and I suffered fear and excruciating pain during those hours. But days later, the pain subsided but the mental anguish did not. Even to this day, I sometimes wake up in a cold sweat after reliving the experience in an unexpecting dream. I suppose under those circumstances, what had happened to me would be classified as torture by the United Nations, especially since my torturers drew blood in the process. That being as it is, those terrorists subjected to water boarding would experience long-term mental damage to their psyche also.

Do I approve of the water boarding technique being used as a means of extracting information from a terrorist suspect in order to find out what imminent danger is about to happen in our country? Before I answer that question, let me remind you about what those terrorists do.

They place bombs on roads, in cars and buildings and then set them off either remotely or by the use of suicide bombers so that many innocent babies, children and adults can be splattered all over the pavement and the sides of nearby buildings. They murder worshipers in mosques, schools and other public places. They even strap bombs on mentally defective young people who have no idea that they are going to die as a walking bomb. Many of these terrorists commit these terrible crimes against humanity because of the mistaken belief that by being a martyr, they will spend eternity with 72 virgins. I hope the virgins supposedly waiting for them are all over eighty years of age. Do I really care if these people are going to suffer some pain and fear if during the process, information can be extracted from them; information that will save lives of innocent human beings? To answer that question, let me give you a rhetorical question. “Do you really care about what happens to a bug on the floor when you step on it?

I personally feel that until society can come up with a better means of extracting information from a suspected terrorist that may have information about a pending terrorist act, water boarding should continue. It has worked in the past and will obviously work in the future. There however should be limitations on this form of torture of course. For example, I don’t think it should be used for the purpose of simply getting a confession about some deed already done by the terrorist or some other terrorist.

If you think I am wrong in my conclusion, ask yourself this question. How would you feel if you learned that the authorities had in their custody, a suspected terrorist who (as was learned later) was well aware as to what was going to happen and where it was going to happen and who was going to make it happen but refused to give anyone that information and as a result, you lost your entire family as a result of a massive bombing in which hundreds of others also died? You will wish that the bastard the authorities had in their custody was water boarded. If you still think it is wrong, then ask yourself this second question. Is the right of one terrorist not to be tortured more important than the loss of the innocent lives of your family, hundreds of others and perhaps, even yours?

It is very easy for us to sit in the comfort of our homes far away from the acts of terrorists who without any respect for the lives of innocent people, murder them and at the same time, say that these terrorists should be afforded the right to remain silent and not be tortured to reveal information that may save lives. If we as a society can find a painless way to get this information out of the terrorists, I am all for it. But until then, bring in the chairs, the cloths and the water.

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President Bush later vetoed the bill submitted by Congress that prohibited the CIA from using the waterboard technique as a means of acquiring information from terrorists.

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