Torture is Treason

This piece was published on Huffington Post.  To see it there, go here. If you like it Buzz me up.

The human rights abuse in torture is inherent and obvious, but its implications to our society are ultimately worse.  In the context of terror, when our country tortures those accused of terrorist crimes, we create a climate where others sympathize with the torture victim, taking the focus away from the victims of the terrorist act.  Whether the tortured committed the crime or not becomes secondary to the sympathy felt for the torture victim.  In addition, the fact alone that someone was tortured, even if the confession is coincidentally true, harms any reputation we have of democracy or rule of law and motivates others to retaliation.  Worse, torture confounds the state’s ability to prosecute those who have harmed it.  If we end up freeing someone because they confessed to a crime under torture, it is possible we are allowing someone guilty, someone who genuinely sought to harm us, to go free.  If we prosecute them based on the elicited confessions, we could be punishing the innocent.  We never really know the truth.  In the end, torture makes the original crime against us secondary.

I followed the Daniel Pearl case, then I watched the movie of his wife’s story, A Mighty Heart.  It was brilliantly done.  The filmmakers managed to capture the complexity of the various agencies, organizations, and governments working to find Daniel Pearl. After Pearl’s death, several people were arrested and one man, Ahmed Omar Saeed Sheikh, has been sentenced to death, although with his multiple appeals, it is questionable whether he will ever suffer his sentence.  One aspect of his appeals has been the confession by Khalid Sheikh Mohammed to the actual killings.  Seems a reasonable explanation.

Except what is true?  Did Khalid Sheikh Mohammed really kill Daniel Pearl?  How could we ever know considering we now have the torture memos released by the CIA detailing the atrocities against Khalid Sheikh Mohammed and others, including his being waterboarded 183 times in one month (see story here).  It leaves me wondering whether he really committed any of the crimes and whether his confessions were valid.   Maybe he did it.  Maybe he didn’t.  We can’t know because the confessions were tortured out of him.

Daniel Pearl’s murder wasn’t the only crime to which Khalid Sheikh Mohammed confessed.  He also apparently oversaw the 9/11 attacks, the shoe bomb attack, the Bali nightclub attack, the 1993 World Trade Center bombings, as well as others.  His under-torture confessions to such a long list of infamous crimes make the likelihood seem even more dubious.  Yet the possibility is there–it is the torture that causes interference.  Khalid Sheikh Mohammed’s case is a brilliant example of the dangers of torture to a free and just society.  Not only does it call into question just how free and just we really are, it leaves us wondering who really did what.  We can’t trust anyone, least of all ourselves.

I have heard the primary arguments on both sides regarding whether or not to convict the agents and members of the Bush administration responsible for carrying out the torture.  All of these arguments have centered on whether the actions were justified, as well as on the repugnance of the acts themselves.  I would argue we need to take the discussion a step further.  While torture clearly constitutes human rights abuse, I would argue that it is also a form of treason.

In the United States, treason is the giving of aid and comfort to our enemies.  If torture keeps us from fully prosecuting those enemies, then the torturers themselves are in conspiracy with them, thereby giving them aid and comfort. Torture policies as a whole put our entire country in jeopardy.  It is a form of disloyalty to us inasmuch as we are left even more unsafe, not only from those who would harm us, but also from our inability to discover the truth and prosecute the criminals.  It creates a disintegration of our most fundamental values.  If a person actually commits an act of terror and is then tortured to extract a confession, his guilt will be questioned because of the torture and he may be allowed free.  This person is then free to terrorize us again, but this time he is likely angrier because of the torture he has suffered, leaving us in even greater danger.  Torture, those who ordered it and those who carried it out, caused this.  Allowing torture as an accepted policy of the United States and our failure to prosecute those responsible for it renders our democracy and our rule of law meaningless.

Tell it Like it Is: Torture

I read a story on the BBC website today.  The story is repeated in its entirety below.  What struck me after reading the story was the BBC’s willingness to relate the torture described by Mr. Binyam Mohamed, a man held by the US for just under 7 years and released last February, all charges against him dropped.  US mainstream media is completely unwilling to tell it like it is, preferring instead to describe the fringes, keeping the hard truth from reaching our eyes.  Chickens.

Americans need to read and see what torture means.  The word torture isn’t horrific anymore.  We hear a bit about waterboarding, or see the most sanitized photos from Abu Ghraib, but unless we’re looking for it, we’re not hearing what our country did to people.  It’s appalling.

Last week I read an article on Mr. Marri, the man who has been held without charges or trial for years.  It was an online article, which meant anyone could comment.  Some guy commented that “torture works.”  Really?  How is that?  Does that mean that if I hold a lighter to your balls while you are tied to a fence in neither a sitting or standing position and ask you whether you raped my mother you will continue to deny it, even if I set your balls on fire?  Is that evidence of torture’s “success”?

Read this BBC story and judge for yourself.  Ask whether you could hold out under such conditions.  Ask whether you would say anything to get someone to stop drowning you, or cutting you, or leaving you hanging by chains in the dark with music so loud you cannot hear.  Then tell me whether torture works.

The link to this story can be found here.

Demands for MI5 ‘torture’ inquiry

Binyam Mohamed getting off his plane

Mr Mohamed arrived back at RAF Northolt in London in February

MPs have demanded a judicial inquiry into a Guantanamo Bay prisoner’s claims that MI5 was complicit in his torture.

In a Mail on Sunday interview, UK resident Binyam Mohamed claims MI5 fed his US captors questions which led him to make a false confession.

His allegations are being investigated by the government, but the Foreign Office said it did not condone torture.

Shadow justice secretary Dominic Grieve said the “extremely serious” claims should also be referred to the police.

‘Dark prison’

Mr Mohamed told the paper he was held in continual darkness for weeks on end in a prison in Kabul, Afghanistan.

He has claimed that while in US custody in 2002, he was rendered to Morocco for interrogation and torture.

Now he has released what he said were two telegrams sent from British intelligence to the CIA in November 2002.

In the first memo, the writer asks for a name to be put to him and then for him to be questioned further about that person.

The longest was when they chained me for eight days on end, in a position that meant I couldn’t stand straight nor sit
Binyam Mohamed

The second telegram asks about a timescale for further interrogation.

The legal organisation Reprive, which represents Mr Mohamed, said its client was shown the telegrams in Guantanamo Bay by his military lawyer Lieutenant Col Yvonne Bradley.

Mr Mohamed claimed he acquired the telegrams through the US legal process when he was fighting to be freed from Guantanamo Bay.

Daniel Sandford, BBC Home Affairs correspondent, said Mr Mohamed’s claims would be relatively simple to substantiate.

“As time progresses it will probably become quite apparent whether indeed these are true telegrams and I think it’s unlikely they’d be put into the public domain if they couldn’t eventually be checked back.”

The Conservatives have called for a police inquiry into his allegations of British collusion.

Mr Grieve called for a judicial inquiry into the allegations.

“And if the evidence is sufficient to bring a prosecution then the police ought to investigate it,” he added.

Liberal Democrat foreign affairs spokesman Ed Davey said there was a “rock solid” case for an independent judicial inquiry.

Labour MP Andrew Dismore, who chairs the joint committee on human rights, said he would asking the home and foreign secretaries to explain how Britain’s policy against torture is being implemented and monitored.

Shami Chakrabati, director of campaign group Liberty said: “These are more than allegations – these are pieces of a puzzle that are being put together.

“It makes an immediate criminal investigation absolutely inescapable.”

Former Conservative shadow home secretary David Davis accused the government of “stonewalling” by referring the claims to the Attorney General rather than the Director of Public Prosecutions.

“What appears to have happened is they have been turning blind eyes,” he added.

‘Wrong-doing’

Mr Mohamed told the paper the worst part of this captivity was in Kabul’s “dark prison”.

“The toilet in the cell was a bucket,” he told the paper.

“There were loudspeakers in the cell, pumping out what felt like about 160 watts, a deafening volume, non-stop, 24 hours a day.

We abhor torture and never order it or condone it
Foreign Office spokesman

He added: “They chained me for eight days on end, in a position that meant I couldn’t stand straight nor sit.

“I couldn’t sleep. I had no idea whether it was day or night.”

Mr Mohamed spent just under seven years in custody, four of those in Guantanamo – the US’s camp in Cuba.

He was arrested in Pakistan in 2002 as US authorities considered him a would-be bomber who fought alongside the Taleban in Afghanistan.

But last year the US dropped all charges against him, and he was released in February.

A Foreign Office spokesman said: “We abhor torture and never order it or condone it.

“We take allegations of mistreatment seriously and investigate them when they are made.

“In the case of Binyam Mohamed, an allegation of possible criminal wrong-doing has been referred to the Attorney General.

“We need now to wait for her report.”