Tag Archives: Waterboarding

Torture and the medical profession

A soldier is trained to kill. A medical doctor is trained to heal. Whilst a soldier is also trained to engage in peace-time operations such as well-digging, road-building, bridge-building etc. a medic is in no way trained to engage in killing (unless in his/her capacity as a soldier, not a medic).

One can find a slim margin of understanding for soldiers, in combat, who are brutalised by the conflict and in turn brutalise their enemy (or perceived enemy). Such brutality is immoral, unethical and illegal, but does need to be judged in context.

That a doctor – who has solemnly pledged to save life and relieve suffering – should be directly involved in torture, either through designing torture techniques, assessing how far the techniques can be applied, helping restore the victim to some degree of health in order to subject him to torture again, assessing the degree of perceived pain in the victim in order to draft reports declaring that such techniques are not in fact torture, or even healing the victim yet failing to condemn the treatment, is an utter abomination.

Unfortunately, horrifyingly, the involvement of medical professionals in all stages of the ‘enhanced interrogation’ programme, from the original consultation through to interrogation and post-interrogation, has been known about for many years and has been well documented. Unfortunately, it is still not widely discussed or even known.

To begin with, Amnesty International explains in, as always, clear and simple terms, the generic situation of the relationship between the medical profession and torture in a brief 2002 report Doctors and torture.

More closely linked to the War of Terror, there are countless organisations and countless documents attesting to the specific cases of CIA detention facilities over the last 8 years.

Physicians for Human Rights 2 min video Tortured Logic

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Here follow the documents referred to in the video:

The website When Healers Harm

The Centre for Constitutional Rights report: Current Conditions of Confinement at Guantanamo

Human Rights Watch

There are many other NGO reports, newspaper and journal articles, and testimonies related to this.

There’s something about doctors involved in torture that evokes the most terrifying of reactions. A mindless thug with a truncheon and a stout pair of boots is a horrible concept, but, as horror films have so often exploited, such thugs are usually depicted in the service of evil, not as evil personified. They, however, do their master’s bidding: the wormy weasle in the white coat. Michael Palin’s calm evil at the end of Gilliam’s Brazil. Ben Kingsley as (the alleged) Dr. Miranda in Death and the Maiden.

Ultimately, the grim reality of the presence of medical professionals in the ongoing abuse of detainees is the horrifying evocation of some of the darkest chapters of the 20th Century. Whilst, obviously, nothing comes close to the savagery of Nazi research in the concentration camps and the deepest horror of Dr. Josef Mengele, nevertheless, a number of the reports allege that some medics in these CIA detention facilities have taken eager notes concerning the breaking point of the victims, the threshold of organ failure, the correct procedures to observe for waterboarding, the most effective pain-creating techniques, etc. etc. In short, more than simply not reporting abuse, more than restoring a victim for further abuse, more than advising the best methods, it appears that some medics have attempted to further their knowledge of human suffering and physical endurance through careful monitoring and recording of the abuse.

Somehow, in a twisted irony, it is this clinical scientific face to the torture that is the most chilling. When will we see the result of their findings in a peer-reviewed journal?

Roll on the truth commission.

Torture prohibition as moral absolute

Žižek drives a hard bargain:

In a way, those who refuse to advocate torture outright but still accept it as a legitimate topic of debate are more dangerous than those who explicitly endorse it. Morality is never just a matter of individual conscience. It thrives only if it is sustained by what Hegel called “objective spirit,” the set of unwritten rules that form the background of every individual’s activity, telling us what is acceptable and what is unacceptable.

For example, a clear sign of progress in Western society is that one does not need to argue against rape: it is “dogmatically” clear to everyone that rape is wrong. If someone were to advocate the legitimacy of rape, he would appear so ridiculous as to disqualify himself from any further consideration. And the same should hold for torture.

Knight of the Living Dead, NYTimes March 24, 2007

 So we need dogma. That’s all well and good, but where does that position one in relation to the torture advocate who is attempting to propose rational arguments for the use of torture?

‘Sorry – we don’t discuss this.’

‘You’re wrong. End of story.’

‘I’m not listening – LALALALALALALA – I can’t hear you.’

 If torture is a moral absolute, then surely this position would have been arrived at through a process of examination and assessment of the argument, not an a priori conclusion? As such, unless the arguments themselves were flimsy (they’re not), one should still be perfectly able to take on the torture advocate in debate and, without rhetoric or overtly emotive tactics, justify why the moral absolute is indeed a moral absolute.

 Ruth Blakeley, of the University of Kent, in her powerful article ‘Why torture?’, outlines 3 assumptions behind the application of torture by both liberal and authoritarian states: security, stability and legitimacy.

The security model reflects the dominant claims made about torture by authoritarian and liberal states alike – that its function is to obtain intelligence to defeat security threats. The stability model accounts for torture when it is used in authoritarian states, but often sponsored by external liberal elites, as a method to instil fear, to deter potential and actual political opposition among the population. This is intended to help protect the interests of elite groups. The legitimacy model accounts for the ways in which state officials, usually from liberal states, seek, on the one hand, to secure the right to use torture, based on the assignment of specific identities of themselves – as legitimate – and of those against whom they wish to use torture – as illegitimate. On the other hand, claiming the right to use torture is intended to secure those specific identities, which are never fixed. (Blakeley: 374)

 Can there be any justification for any of these assumptions?

1. SECURITY

In conversation the other day with a retired British Army officer who had served in intelligence operations during the Cold War and in Northern Ireland, I asked whether, in to his knowledge, torture has ever been effective in gaining reliable intelligence. ‘Well’, was his response, ‘the Soviets employed psychoactive drugs in order to discombobulate the prisoner, who would often start to babble and would thus betray himself. The British in Northern Ireland [and I’m not sure if he was referring to the army, the police, or secret services] tended to break down a prisoner through sleep deprivation. An interrogation would commence, and when the interrogator tired he would be replaced by another, and so on. Many IRA suspects betrayed the whereabouts of their comrades through this tactic.’

So – is it effective – well, undeniably, intel is gained.
And reliable – well, some of it, I suppose is reliable.

The problems with this, though, are manifold.

If you have the wrong man, then no amount of interrogation (harsh or otherwise) is going to produce valuable intel.

If the man babbles because his brain is fried (either through pain, psychoactive compounds or sleep deprivation), then reliable information is surely going to be shot through with incoherence and thoroughly unreliable info. As such, only years of enquiry or inspired divination will be able to sort the wheat from the chaff.

He’ll also, as is well documented, say whatever he believes the interrogator wants him to say in order to stop the pain. ‘Give me a water board, Dick Cheney and one hour, and I’ll have him confess to the Sharon Tate murders’ (Jesse Ventura). This, shockingly, was the case of the intel gained from the enhanced interrogation of Ibn al-Shaykh al-Libi, whose admissions were only discredited by the CIA after Bush et. al. cited him in their allegations of the ties between Al Qaeda and Saddam Hussein in their justification for invasion.

Furthermore, what are the guarantees that the alleged ‘reliable intel’ gained through torture could not have been gained through more empathetic, less brutal, techniques? The ex army officer explained that, despite evidence to the contrary, the British are still the world’s most accomplished practitioners of the cross-examination style interrogation. He cited a British interrogator during the Cold War, upon whom John le Carré based some of his interrogation sequences, who was the absolute master at examining the suspect, questioning the story, leading the suspect, through brilliant Rumpole-of-the-Bailey-style eloquence and logic, to betray himself.

Without even going into depth about the horrific physical and emotional chronic pain that the torture victim (and the torturer) suffer as a result of torture, and without discussing the wider implications with regard the victim’s family and society at large, it needs to be reinforced that the justification for the use of torture as a means of gaining reliable intelligence is inherently flawed, as no positive case could be taken in isolation of numerous negative cases.

That’s to say – let’s imagine the extreme case in which a suspect gives up information that leads to the annulment of a security risk or the revelation of a terror cell (or some other ‘positive’ outcome). It is impossible to consider this situation in isolation of scores of occasions in which torture was employed with the same aims in which a) the suspect was innocent, b) he gave misleading information such as naming innocents, c) he simply gave information that he believed the interrogators wished for, d) he became unconscious or died, e) as such a steely-nerved evildoer he continued to remain silent, f) and so on and so on…

It would be impossible to assert that torture was used only for the acquisition of reliable intel without also admitting the collateral damage produced from torture where, for the reasons stated, reliable intel was not acquired. Therefore, even in the ‘reliable intel’ argument, we’re dealing with a set of prerequisites almost as improbable as in the ticking-bomb scenario, which I argue against in another post. Furthermore, once you’re using the ‘reliable intel’ as a justification, the outcome invariably will be in order to defuse a potential catastrophe. Therefore, the argument rapidly morphs into the ticking-bomb scenario anyway. Again, so improbable as to be impossible.

Last of all – at this present moment the only people claiming that the techniques have been effective are either right-wing radio nuts like Glen Beck, Bill O’Reilly and Rush Limbaugh, or are the war architects themselves, like Cheney. Following the stratospheric levels of duplicity, secrecy, cover-ups, document shreddings, legal jiggerypokery, crafty memos and sly policies – who in their right mind would believe such a man?

And if you then compare Cheney’s claim that reliable intel was gained, with, for instance, any of the reports by Stafford-Smith, Erik Saar, Philippe Sands, Mahvish Khan, or any of the testimonies by detainees, FBI agents, marines, military guards, military police, translators, interrogators, chaplains, etc. all held at the The Guantánamo Testimonials Project – WHO ARE YOU GOING TO BELIEVE?

 

2. STABILITY

‘Well,’ said the ex army officer, ‘surely some nations have gained a form of stability through the use and the threat of imprisonment, torture and disappearance. Pinochet remained in power for nearly two decades, Chairman Mao for far longer. But is it a type of stability you want?’

Of course, and this now enters the old philosophical question of law: if the penalty for parking on a double-yellow line were death, would people park on a double-yellow line? If the answer is no, then is it an effective law? If stability (for what it’s worth) is achieved through such brutal measures, does it really constitute stability? I believe not.

 

3. LEGITIMACY

This is the most absurd of all of these assumptions, and is akin to the Orwellian double-speak (and double-think) endemic in the War of Terror. Bombing to bring peace through Operation Enduring Freedom, killing in order to save, destroying in order to preserve, incarcerating without trial, abusing and even killing detainees in order to ‘Defend Freedom, Sir!’

 

To conclude.

At the beginning of my musings on torture, I felt that perhaps if there had been a situation in which reliable intelligence had been gained through torture then there would be a chink in the armour of the torture opponents. We would have to say that ‘ok, so you have shown me a situation in which torture was used as an absolute one-off, and, in this case it proved successful in achieving intel that led to the dismantling of a terror network. However, despite this, I am not prepared to accept the legitimacy of such means, and I still oppose the gathering of intelligence through these means. I am, therefore, prepared to sacrifice that intel so as not to condone torture’.

I now believe that statement to be false, as, simply, such an isolated situation seems to me utterly improbable.

 I believe, therefore, that we don’t need to retreat into dogmatic silence in the defence of a moral absolute. Indeed I would go so far as to suggest that such absence of reasonable and intellectual argument would serve only to allow the proponents of torture to believe they have a valid point. They don’t. Each one of the arguments, I believe, can be successfully and convincingly dismantled.

The ‘ticking bomb scenario’ and its tortured logic

Despite the fact that for more than half a century the argument of the ‘ticking bomb scenario’ has been shown to be ridiculous and utterly contrary to reality, it seems that the very neatness of its twisted logic ensures its perpetuation by those sympathetic to the use of torture. Such neatness, embroiled with a crass yet effective emotive sting, likewise ensures that those who oppose torture are regularly cast as favouring the “rights” of one murderous terrorist over the lives of millions of innocent citizens.

We all know the argument so no need to repeat it here. If not known, the tenets of the scenario are detailed in the document Defusing the Ticking Bomb Scenario. Why we must say No to torture, always, published by the Association for the Prevention of Torture

Opponents of the scenario invariably highlight the immense number of assumptions that need to be made regarding the particular ‘exceptional’ circumstance. Indeed, the sheer quantity of these outlandish predicates are sufficient to destroy the probability of the event ever arising. However, before even attacking its hollow argument, one must first understand that by simply proposing the scenario, the proposer has already opposed a repeatedly endorsed consensual prohibition, has therefore opted out of a moral absolute. Could we, therefore, expect an exceptional circumstance wherein genocide is permissible, wherein slavery is permissible? Or, as Žižek suggests, could we expect an exceptional circumstance wherein rape is permissible?

As for the actual assumptions of the argument, the Association for the Prevention of Torture, in the document cited above, outlines their monstrously unrealistic nature:

The ticking bomb is based on a number of assumptions, some of which may be hidden or only implied when it is first presented. These hidden assumptions should be exposed. For instance, the ticking bomb scenario typically supposes certainty, or near certainty, as to all of the following:

  1. A specific planned attack is known to exist.
  2. The attack will happen within a very short time (it is “imminent”).
  3. The attack will kill a large number of people.
  4. The person in custody is a perpetrator of the attack.
  5. The person has information that will prevent the attack.
  6. Torturing the person will obtain the information in time to prevent the attack.
  7. No other means exist that might get the information in time.
  8. No other action could be taken to avoid the harm.

The scenario also assumes:

  1. The motive of the torturer is to get information, with the genuine intention of saving lives, and nothing more.
  2. It is an isolated situation, not often to be repeated.

The document continues to expose the dangerous fallacies and improbability in each one of the assumptions.

The problem, as I see it, is that this argument works extremely well in a chat-show, rapid interview, scaremongering, media environment where people are firstly not given time or space to work through their arguments, and secondly, and perhaps more importantly, are cowed into not being labelled a terrorist-sympathiser, a liberal pansy, a traitor to the nation, etc.

Furthermore, the scenario is presented as a two-path predicament akin to the philosophical ‘trolley problem’ – i.e. you’ve two alternatives and you must make choose one: do you a) torture the captive or b) not torture and allow hundreds/thousands/millions to die.

Such a predicament can arise in reality. About ten years ago I read Nicholas Montserrat’s harrowing novel set in the 2nd World War about the Atlantic convoys, The Cruel Sea. The skipper of a Royal Navy corvette, attempting to manoeuvre his ship towards survivors from a torpedoed convoy vessel, is compelled to drop a depth charge into the oily waters right amidst the swimmers, because he believes the U-boat is still present and its destruction would obviously save other vessels of the fleet. Although the account is fictional, it does not seem too far-fetched.

It is similarly alleged that Churchill’s government had cracked the German code and knew of the imminent bombing of Coventry but did not alert the city so as not to reveal to the Germans that they had cracked the code. Again, I believe this allegation is contested, but it shows a probable, if not genuine, predicament.

The ‘ticking bomb scenario’ is unlike this split-path argument, as so many wholly improbable predicates need to be satisfied before the final two choices are presented. Furthermore, owing to moral opposition of the concept of torture, the putative subject would have chosen other paths even if certain of those prerequisites had obtained, and thus the final decision point would never have been reached.

Lastly, let’s not overlook the fact that even were the improbable event to arise, one would have to ask ‘who does the torture?’ Obviously one wouldn’t want an amateur doing the job, nor would one want some testosterone-filled policeman handpicked for his excellent treatment of the G20 protestors. One would want a competent, calm and experienced torturer who is best qualified to get the results and save the multitude. How would such a person gain his knowledge? Would he (or she) have to attend the CIA School of the Americas? Would it be theory-based training only, or could they gain some practise in the field?

And so on…

From whatever way you look at it, it is a logically bankrupt argument in addition to its moral and ethical bankruptcy.

Yet for its covert, aggressive and distorted logic, it will continue to be wheeled out before a docile audience in the service of any system that has been caught adding a turn to the thumbscrews…

Cheney – investigation into torture ‘offends the hell out of me’

Dick Cheney: Torture investigation ‘offends the hell out of me’

Astonishing stuff. Torture doesn’t bother Cheney in the least, but investigations into torture are an abomination, that set a terrible, terrible precedent. The irony of his claims is stark, even down to his use of the same expressions that have been used by critics of torture when referring to torture:

To investigate the Bush Administration’s use of torture is ‘a terrible decision’.

To criticise torture is unconstitutional.

The Intel men ‘put their lives at risk’.

The investigations have ‘a very, very devastating, I think, effect on morale inside the intelligence community’.

‘it’s clearly a political move’.

And lastly, all this investigation ‘offends the hell out of me, frankly, Chris […] that will do great damage long term to our capacity to be able to have people take on difficult jobs, make difficult decisions’.

 The transcript of the whole Cheney interview with Chris Wallace on “FOX News Sunday” is available here.

 By paralleling the language of the torture critics, the logical conclusion to Cheney’s arguments would be to ask whether investigation into the use of torture does or does not constitute torture.

 One must not underestimate the power that Cheney still wields in the US media (esp. Fox) and his ability to scaremonger a gullible and easily-scared public. Having repeatedly stated that Obama’s policies could bring about massive terrorist attacks on US soil, he and his daughter regularly defend the act of waterboarding as being merely enhanced interrogation, and not torture.

 I recently re-read Henri Alleg’s account of being tortured by the French military during the Algerian war in the late 50s. He describes, but doesn’t use the same name, the very process of waterboarding, which comes between bouts of electrocution via electrodes on his fingers, tongue and penis:

“Together they picked up the plank to which I was still attached and carried me into the kitchen. Once there, they rested the top of the plank, where my head was, against the sink. Two or three Paras held the other end. […] Lo__ fixed a rubber tube to the metal tap which shone just above my face. He wrapped my head in a rag, while De___ said to him: “Put a wedge in his mouth.” With the rag already over my face, Lo__ held my nose. He tried to jam a piece of wood between my lips in such a way that I could not close my mouth or spit out the tube.

When everything was ready, he said to me: “When you want to talk, all you have to do is move your fingers.” And he turned on the tap. The rag was soaked rapidly. Water flowed everywhere: in my mouth, in my nose, all over my face. But for a while I could still breathe in some small gulps of air. I tried, by contracting my throat, to take in as little water as possible and to resist suffocation by keeping air in my lungs for as long as I could. But I couldn’t hold on for more than a few moments. I had the impression of drowning, and a terrible agony, that of death itself, took possession of me. In spite of myself, all the muscles of my body struggled uselessly to save me from suffocation. In spite of myself, the fingers of both my hands shook uncontrollably. “That’s it! He’s going to talk,” said a voice.

The water stopped running and they took away the rag. I was able to breathe. In the gloom, I saw the lieutenants and the captain, who, with a cigarette between his lips, was hitting my stomach with his fist to make me throw out the water I had swallowed. Befuddled by the air I was breathing, I hardly felt the blows. “Well, then?” I remained silent. “He’s playing games with us! Put his head under again!”

This time I clenched my fists, forcing the nails into my palm. I had decided I was not going to move my fingers again. It was better to die of asphyxiation right away. I feared to undergo again that terrible moment when I had felt myself losing consciousness, while at the same time I was fighting with all my might not to die. I did not move my hands, but three times I again experienced this insupportable agony. In extremis, they let me get my breath back while I threw up the water.

The last time, I lost consciousness.

From: Alleg, Henri, “The Question,” pp. 48-50, trans. John Calder (London: John Calder, Ltd. 1958.)

 To this horrifying account of the brutal technique of ‘the water cure’ (as it was known in mediaeval times), Cheney would surely simply remark – “that ain’t torture”. His loving and dutiful daughter Liz, meanwhile, casually remarks: “Waterboarding isn’t torture.” (crooksandliars.com)

 Former wrestler Jesse Ventura, who a) served in Vietnam and b) was waterboarded as part of his Navy Seal training, remarks that not only is waterboarding real, and not simulated, drowning, but that it is without question torture. He also argues that it is ineffective, as the victim simply says what he believes will make the torture stop:

VENTURA: It’s drowning. It gives you the complete sensation that you are drowning. It is no good, because you — I’ll put it to you this way, you give me a water board, Dick Cheney and one hour, and I’ll have him confess to the Sharon Tate murders. (Crooksandliars)

Even John McCain has returned to his pre-candidacy form to denounce the practice:

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Other practices of enhanced interrogation that have recently been declassified from the CIA archives are:

 

• Threats of execution, using semi-automatic handguns and power drills

• Threats to kill detainee and his children

• Threats to rape detainee’s wife and children in front of him

• Restricting the detainee’s carotid artery

• Hitting detainee with the butt end of a rifle

• Blowing smoke in detainee’s face for five minutes

• Multiple instances of waterboarding detainees, of the type we prosecuted Japanese war criminals for using:

• Hanging detainee by their arms until interrogators thought their shoulders might be dislocated

• stepping on detainee’s ankle shackles to cause severe bruising and pain

• choking detainee until they pass out

• dousing detainee with water on cold concrete floors in cold temperatures to induce hypothermia

• killing detainees through torture techniques, whether accidental or not

• putting detainee in a diaper for days at a time to live in their own filth

 

Info retrieved from the Crooksandliars post Keith Olbermann and Jane Mayer Discuss The Horrors Of Torture And Dick Cheney’s Lies

 

Cheney and Slavoj Žižek strangely both share the opinion that the debate on torture should be closed – Cheney because torture works and is thus ‘a no-brainer’, Žižek because torture is repugnant and to discuss its possible use is as outrageous as debating the merits of rape.

 

Either way, the problem is not going away, and is causing tremendous ripples across the US television debates – unlike in the UK where the matter of torture by proxy and the complicity of the MI5 is being ignored by the press in the hope that it will disappear.

The torture debate continues – with echoes of Algeria and Ulster

John Amato, over at the tremendous ‘virtual online magazine… OK, it’s a blog’ Crooksandliars, recently published an interview with Alfred W. McCoy, author of A Question of Torture. The interview was originally broadcast on Late Night Live – ABC Radio National, Australia. March 15, 2006, and as John points out, ‘considering the current events in the torture issue, it seems apropos to take another look at it now.’

McCoy is another of many to point out in simple easily-understood terms a number of key points in the torture debate, most notably, that the ‘ticking-bomb scenario’ so beloved of torture advocates, is an outright illusion that has never occurred in reality.

Others (of many) to point out not just the immorality and cruelty of torture, but its overall ineffectiveness – indeed, its contra-effectiveness – are Ray McGovern, 27-year CIA veteran, Clive Stafford-Smith, in his book Bad Men, Washington Post columnist Anne Applebaum in the article The Torture Myth, Ruth Blakeley, of the University of Kent, in her powerful article ‘Why torture?’, and Jean-Paul Sartre, in the preface to Henri Alleg’s first-hand description of being tortured in Algeria by the French, The Question. Sartre, indeed, sums up the ‘ticking bomb’ scenario neatly:

“How are the torturers justified? It is sometimes said that it is right to torture a man if his confession can save a hundred lives. This is nice hypocrisy. […] Was it to save lives that they scorched his nipples and pubic hair? No, they wanted to extract from him the address of the person who had hidden him. If he had talked, one more Communist would have been locked up, no more than that. […] These tortures bring a poor return: the Germans themselves ended by realising this in 1944; torture costs human lives but does not save them.” (Alleg 1958: 22)

John Amato continues with a piece entitled: “Not Only Is This Illegal and Immoral, It’s Stupid. Six Days Without Sleep Doesn’t Produce Useful Information”, strengthening the argument of the uselessness of torture…

The important issue at stake is the hard-lined pragmatic question of result. If all the moral and ethical arguments against torture were wheeled out to argue against its use, and yet, as Cheney pa and daughter would have the US public believe, genuine intelligence is indeed gained through the practice of torture (sorry – enhanced interrogation techniques, including mock executions, waterboarding, sleep deprivation and drill attacks – see Newsweek article – and these are only the declassified techniques…)… if this genuine intel is gained, then there would be a gap in the moral/ethical argument. The great debate at present in the US, and spilling over into the UK with regard the alleged participation/complicity of the MI5 in the torture of British citizens or residents oversees, is whether a) these techniques have really produced this intel of such value to homeland security and b) if so, could that intel (and perhaps more) have been gained through empathetic interrogation. As would be expected, the argument in favour of these techniques is promoted by hard right wingnuts like Bill O’Reilly on Fox, versus, well, versus all those liberal pansies whom big Bill so despises.

Interestingly, the debate has stirred some puddles that clearly had never really settled in their cultures’ memories – the French in Algeria and the British in Northern Ireland.

Waterboarding IS drowning

I am confused, not about whether waterboarding is torture or not – it is – but about why it’s described as ‘simulated’ drowning?

 Surely having water poured down your throat and possibly into your lungs is drowning.

Nothing simulated about it.

Malcolm Nance, a US security expert familiar with waterboarding as a counter-insurgency training technique, said:

‘Let’s not mince words – waterboarding is out and out torture, and I’m deeply ashamed that President Bush has authorised its use and dishonoured the USA’s reputation.’ (Amnesty International)

Here’s the powerful, elegant and pseudo-slick-ad by Amnesty, STUFF OF LIFE