Category Archives: Torture

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.

The War of Images

Baudrillard, as would be expected, addresses the concept of image in the War of Terror in the article War Porn.

“The worst is that it all becomes a parody of violence, a parody of the war itself, pornography becoming the ultimate form of the abjection of war which is unable to be simply war, to be simply about killing, and instead turns itself into a grotesque infantile reality-show, in a desperate simulacrum of power.”

Brilliantly, he addresses the Abu Ghraib images:

“Truth but not veracity: it does not help to know whether the images are true or false. From now on and forever we will be uncertain about these images. Only their impact counts in the way in which they are immersed in the war. There is no longer the need for “embedded” journalists because soldiers themselves are immersed in the image – thanks to digital technology, the images are definitively integrated into the war. They don¹t represent it anymore; they involve neither distance, nor perception, nor judgment. They no longer belong to the order of representation, nor of information in a strict sense. And, suddenly, the question whether it is necessary to produce, reproduce, broadcast, or prohibit them, or even the “essential” question of how to know if they are true or false, is “irrelevant”.

Of the infamous photo of the hooded prisoner with electrodes on his outstretched arms, Baudrillard comments:

This masquerade crowns the ignominy of the war – until this travesty, it was present in this most ferocious image (the most ferocious for America), because it was most ghostly and most “reversible”: the prisoner threatened with electrocution and, completely hooded, like a member of the Ku Klux Klan, crucified by its ilk. It is really America that has electrocuted itself. (War Porn)

 AbuGhraib

 It is worth considering this image in greater depth.

Baudrillard notes that the man is hooded like the KKK, and then crucified by them.

If the image evokes the KKK, is it the horror of them – the violence and racism – or some sense of justice? For the hood is not just the KKK – it is also the burka. The repeated rhetoric, used to justify the war on the Taliban in Afghanistan, is that the Muslim man imprisons the woman. Here, therefore, the liberators pull the burka over the brutalising man. Are the KKK hood and the burka now somehow interrelated in racial tones of supposed justice? And what of the crucifiction? Unlike Christ on the cross, this man is faceless and dressed in black. His crucifiction is thus a mockery, a travesty. He cannot look to the heavens or cast his light on his followers. He is darkness swallowed up by darkness.

My feeling, therefore, in tune with Baudrillard’s, is that these images provided more than simple moral outrage – they provided a degree of titillation shot through with a sense, somehow, of justice. The US soldiers or MPs at Abu Ghraib, in addition to venting their own (homoerotic) sexual fantasies upon the male prisoners, and in addition to constructing very carefully the precise form of sexual humiliation that would most disgust the prisoners, in this particular image, they have created their own particular, culturally and religiously-bound form of punishment. A dark-skinned non-Christian wife-beater is ironically hooded in a KKK mask that doubles as a burka, placed in public view on a soap-box, and is then crucified.

Millions of Iraqi children starved during the US embargo. Thousands of Iraqis dead in bombardment. The only news that really was any news were the images of Abu Ghraib. Is it because these images embodied greater meaning than simple photos of dead children?

They torture children, don’t they?

Perhaps David Icke is right. Perhaps world leaders are reptiles with the ability to shape-shift to appear human. Sometimes they don’t do a good job at the disguise.

If rendition, abuse, incarceration without trial, torture, murder, and all the other horrors of the War of Terror elicit neither excuses nor apologies from the war architects, then surely the knowledge that children as young as 8 have been routinely detained, abused (often sodomised) and even murdered (and we’re not talking about the death of children from bombs – something that happens in any conflict), at the hands of US military and CIA, would cause someone in power to offer even the mildest of condemnation. Alas no. Politics trumps essential humanity on every count.

If the British government demands that writers visiting a shool to read to a large group are required to obtain a Criminal Records Check prove that they are not paedophiles (see Guardian July ’09 – the essential argument being, again, guilty until proven innocent), and if the same government is demanding that its own politicians carry out a similar ridiculous vetting process (but I bet they claim the £64 on expenses) (see Guardian July ’09), then how can it possibly be that someone like Milliband issues no criticism or condemnation of the wholesale abuse and murder of hundreds of children? Milliband’s repeated poe-faced defence of witholding information (‘classified intel’) on the grounds that it would be a threat to national security is an insult to his own cabinet, to his government, and to the people of the UK.

Unless, of course, he is a lizard. In which case such human attributes as compassion, remorse, and forgiveness are simply alien concepts.

Am I reduced to this most fantastic of ideas as a means of reconciling myself to the utter brutality of this long and costly conflict?

“President Jimmy Carter wrote that the Red Cross, Amnesty International and the Pentagon “have gathered substantial testimony of torture of children, confirmed by soldiers who witnessed or participated in the abuse.” In “Our Endangered Values” Carter said that the Red Cross found after visiting six U.S. prisons “107 detainees under eighteen, some as young as eight years old.” And reporter Hersh, (who broke the Abu Ghraib torture scandal,) reported 800-900 Pakistani boys aged 13 to 15 in custody.” (President Carter: Many Children Were Tortured Under Bush Thepeoplesvoice.org)

” Some of the worst things that happened you don’t know about, okay? Videos, um, there are women there. Some of you may have read that they were passing letters out, communications out to their men. This is at Abu Ghraib … The women were passing messages out saying ‘Please come and kill me, because of what’s happened’ and basically what happened is that those women who were arrested with young boys, children in cases that have been recorded. The boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has. They are in total terror. It’s going to come out.” (Seymour Hersh Thepeoplesvoice.org)

The following is all copied from the article quoted above in Thepeoplesvoice.

— Iraqi lawyer Sahar Yasiri, representing the Federation of Prisoners and Political Prisoners, said in a published interview there are more than 400,000 detainees in Iraq being held in 36 prisons and camps and that 95 percent of the 10,000 women among them have been raped. Children, he said, “suffer from torture, rape, (and) starvation” and do not know why they have been arrested. He added the children have been victims of “random” arrests “not based on any legal text.”

— Former prisoner Thaar Salman Dawod in a witness statement said, “[I saw] two boys naked and they were cuffed together face to face and [a U.S. soldier] was beating them and a group of guards were watching and taking pictures and there was three female soldiers laughing at the prisoners.”

— Iraqi TV reporter, Suhaib Badr-Addin al-Baz, arrested while making a documentary and thrown into Abu Ghraib for 74 days, told Mackay he saw “hundreds” of children there. Al-Baz said he heard one 12-year-old girl crying, “They have undressed me. They have poured water over me.” He said he heard her whimpering daily.

— Al-Baz also told of a 15-year-old boy “who was soaked repeatedly with hoses until he collapsed.” Amnesty International said ex-detainees reported boys as young as 10 are held at Abu Ghraib.

— German TV reporter Thomas Reutter of “Report Mainz” quoted U.S. Army Sgt. Samuel Provance that interrogation specialists “poured water” over one 16-year-old Iraqi boy, drove him throughout a cold night, “smeared him with mud” and then showed him to his father, who was also in custody. Apparently, one tactic employed by the Bush regime is to elicit confessions from adults by dragging their abused children in front of them.

— Jonathan Steele, wrote in the British “The Guardian” that “Hundreds of children, some as young as nine, are being held in appalling conditions in Baghdad’s prisons…Sixteen-year-old Omar Ali told the “Guardian” he spent more than three years at Karkh juvenile prison sleeping with 75 boys to a cell that is just five by 10 meters, some of them on the floor. Omar told the paper guards often take boys to a separate room in the prison and rape them.

— Raad Jamal, age 17, was taken from his Doura home by U.S. troops and turned over to the Iraqi Army’s Second regiment where Jamal said he was hung from the ceiling by ropes and beaten with electric cables.

— Human Rights Watch (HRW) last June put the number of juveniles detained at 513. In all, HRW estimates, since 2003, the U.S. has detained 2,400 children in Iraq, some as young as ten.

— IRIN, the humanitarian news service, last year quoted Khalid Rabia of the Iraqi NGO Prisoners’ Association for Justice(PAJ), stating that five boys between 13 and 17 accused of supporting insurgents and detained by the Iraqi army “showed signs of torture all over their bodies,” such as “cigarette burns over their legs,” she said.

— One boy of 13 arrested in Afghanistan in 2002 was held in solitary for more than a year at Bagram and Guantanamo and made to stand in stress position and deprived of sleep, according to the “Catholic Worker.” (Thepeoplesvoice.org)

Follow this link to TRUTHOUT.ORG, for a long extract from Henry A. Giroux’s forthcoming book, “Hearts of Darkness: Torturing Children in the War on Terror,” to be published by Paradigm Publishers.

Today (Aug 27th) in the Times, an article about Mohammed Jawad – ‘I was 12 when I was arrested and sent to Guantanamo’

The horror, the horror

Much has been written about the infamous pics that came out a number of years ago now of the abuses at Abu Ghraib. Little more can be said, unless it be said in a court, in helping to convict those high up the chain of command.

Nevertheless, there is one aspect of the images that strikes me as radically different from any other unpleasant images that one might see (Auschwitz victims, earthquake victims, etc.) and that we are fairly innoculised to since our early years… It is the twisted and macabre holiday-snap aspect to the pics.

The girl (I don’t think it’s Lynndie England) smiling over a corpse has the cheerful, innocent, smiling, demeanour of someone posing in front of the Eiffel Tower. She is quite pretty – she might even be with a friend and stops you in the street asks you kindly to take the picture of them with Big Ben in the background. Or perhaps one of those smiley photos of someone who’s just ordered their first regional dish in a restaurant – a paella in Spain – a haggis in Scotland – a pint of ale in England – thumbs up! Send it back to Mom.

The only images that in any compare are the horrifying and gruesome images of lynchings in the Southern States in the early 20th Century. Men in hats and loose suits and women in smart frocks standing casually and quite happily beside a hanged African American – his neck twisted evilly. A group of smiling fellas posing before a charred and still smoking corpse. Is that the Abu Ghraib ancestor?

The sheer horror of the photos is compounded by the gleeful and lighthearted poses – a warped collision of darkness and light – a twisting of meaning. We understand war photos, as we’ve seen them before. We understand holiday snaps. Can we understand them together?

Hopefully not.

Torture

Just in case anyone was in any doubt:

Torture has been prohibited for many, many years. The key document today that prohibits torture is the United Nations Convention Against Torture, and international treaty that almost every country in the world, including the United States, has ratified. The Convention Against Torture says that under no circumstance can torture be used: it is an international crime, and every country in the world must pass legislation to make it a crime. […] Torture is also prohibited by customary international law – that is law that has arisen by the practices of nations. It is an absolute prohibition: under no circumstance can you torture anybody, ever. […] Nor does the Convention Against Torture permit any excuses for torture. Article 2 says that “no exceptional circumstances whatsoever” – whether a state of war or a threat of war, political instability, or any other public emergency – may be evoked as a justification of torture. It goes on to say that an order from a superior officer or a public authority may not be invoked as a justification for torture. That is an illegal order, and you can be punished as a criminal for carrying it out.

The convention is crystal clear: under no circumstance can you torture people, whatever you call them, whether illegal combatants, enemy combatants, murderers, killers. You cannot torture anybody ever; it’s an absolute prohibition. 

Michael Ratner, Guantánamo: what the world should know (Arris Books, 2004) 31-32

 

More directly, it must involve continuously reaffirming why torture is never acceptable under any circumstances, even as a limited warrant for exceptional situations. There are a great many powerful arguments to make in support of an absolute prohibition on torture, including: by nature torture is a unique kind of wrong – a form of rape that perverts human relationships and agency – that cannot therefore be morally justified under any circumstances; torture violates the principle of non-combatant immunity, which is the same reason why terrorism is morally wrong; torture leaves permanent damage to both the tortured and the torturer, and thus, is morally indefensible; the ‘ticking bomb’ scenario is a highly flawed thought experiment with virtually no real-world relevance; torture is a very poor tool of intelligence-gathering and can even be counter-productive; sociologically and historically, exceptions to the prohibition on torture have always led to its widespread use in non-exceptional cases and have undermined the moral community and the respect for human rights more generally; and its formal legal adoption by a democratic society, as advocated by Alan Dershowitz for example, would entail moral practices that are incompatible with liberal norms and rights, such as torture-training for interrogators and doctors, medical support for torture sessions, research and development in non-lethal torture and the manufacture of torture equipment and torture facilities, among others. (370)

Richard Jackson, Language, policy and the construction of a torture culture in the war on terrorism Review of International Studies (2007), 33, 353–371

 

This concept of homo sacer allows us to understand the numerous calls to rethink the basic elements of contemporary notions of human dignity and freedom that have been put out since 11 September. Exemplary here is Jonathan Alter’s Newsweek article ‘Time to Think about Torture’ (5 November 2001), with the ominous subheading: ‘It’s a new world, and survival may well require old techniques that seemed out of the question.’ After flirting with the Israeli idea of legitimising physical and psychological torture in cases of extreme urgency (when we know a terrorist prisoner possesses information which may save hundreds of lives), and ‘neutral’ statements like ‘Some torture clearly works,’ it concludes:

“We can’t legalise torture; it’s contrary to American values. But even as we continue to speak out against human-rights abuses around the world, we need to keep an open mind about certain measures to fight terrorism, like court-sanctioned psychological interrogation. And we’ll have to think about transferring some suspects to our less squeamish allies, even if that’s hypocritical. Nobody said this was going to be pretty.”

The obscenity of such statements is blatant. First, why single out the WTC attack as justification? Have there not been more horrible crimes in other parts of the world in recent years? Secondly, what is new about this idea? The CIA has been instructing its Latin American and Third World military allies in the practice of torture for decades. Even the ‘liberal’ argument cited by Alan Dershowitz is suspect: ‘I’m not in favour of torture, but if you’re going to have it, it should damn well have court approval.’ When, taking this line a step further, Dershowitz suggests that torture in the ‘ticking clock’ situation is not directed at the prisoner’s rights as an accused person (the information obtained will not be used in the trial against him, and the torture itself would not formally count as punishment), the underlying premise is even more disturbing, implying as it does that one should be allowed to torture people not as part of a deserved punishment, but simply because they know something. Why not go further still and legalise the torture of prisoners of war who may have information which could save the lives of hundreds of our soldiers? If the choice is between Dershowitz’s liberal ‘honesty’ and old-fashioned ‘hypocrisy’, we’d be better off sticking with ‘hypocrisy’. I can well imagine that, in a particular situation, confronted with the proverbial ‘prisoner who knows’, whose words can save thousands, I might decide in favour of torture; however, even (or, rather, precisely) in a case such as this, it is absolutely crucial that one does not elevate this desperate choice into a universal principle: given the unavoidable and brutal urgency of the moment, one should simply do it. Only in this way, in the very prohibition against elevating what we have done into a universal principle, do we retain a sense of guilt, an awareness of the inadmissibility of what we have done. (Slavoj Žižek On torture and terrorism)

 

Moreover, I am again tempted to conduct a simple mental experiment: let us imagine an Arab newspaper making the case for the torture of an American prisoner – and the explosion of comments about fundamentalist barbarism and disrespect for human rights this would provoke! (Slavoj Žižek Welcome to the Desert of the Real, 104)

 

It is as if not only the terrorists themselves, but also the fight against them, now has to proceed in a gray zone of legality. We thus have de facto “legal” and “illegal” criminals: those who are to be treated with legal procedures (using lawyers and the like), and those who are outside legality, subject to military tribunals or seemingly endless incarceration.

Mr. Mohammed has become what the Italian political philosopher Giorgio Agamben calls “homo sacer”: a creature legally dead while biologically still alive. And he’s not the only one living in an in-between world. The American authorities who deal with detainees have become a sort of counterpart to homo sacer: acting as a legal power, they operate in an empty space that is sustained by the law and yet not regulated by the rule of law. […]

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.

 (Slavoj Žižek, Knights of the Living Dead, NYTimes.com March 24, 2007 – also available here)