TORTURE

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TORTURE

• By LaQuana McNeil
• Shola Amusa
• Samantha Soto
• Sudakshina Chattopadhyay
• Alexandra Heller

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Outline

• Definition of torture in international law
• U.S. policies after 9/11
• Distinction between torture and CIDT
• Bush Administration and its position on torture
• Policy recommendations

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Thesis and policy suggestions

• The interrogation techniques of the Bush
  Administration qualify as torture under
  international law. Intent and purpose are key to
  the definition, not severity.
• Recommendations Public awareness, revise
  definition of torture in IL, training of
  military, increase accountability for those
  ordering interrogation techniques

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What is Torture? Four elements

• UN Convention against Torture (1984)
• Severity Torture is any act that intentionally
  inflicts "severe pain or suffering, whether
  physical or mental.
• Intent It must be intentional.
• Purpose It must be inflicted upon victims for
  the express purpose of extracting
  information/confessions
• It must involve a state official.

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UDHR, 1948

• Article 7
• No one shall be subjected to torture or to
  cruel, inhuman or degrading treatment or
  punishment.

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After the 9/11 Attacks

• Justice Department's Office of Legal Counsel
  states in 2002 (the Bybee Memorandum)
• Coercive interrogations only constitute torture
  if they intentionally caused suffering
  equivalent in intensity to the pain accompanying
  serious physical injury, such as organ failure,
  impairment of bodily function, or even death.

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Small Clip on the Definition of Torture
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Torture and CIDT

• How can we distinguish between torture and
  cruel, inhuman, and degrading treatment or
  punishment?
• Distinction?

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The Differences

• There are two main characteristics which
  distinguish torture from degrading treatment or
  punishment.
• OBJECTIVE
• DEGREE

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Objective and Degree

• Objective qualifies torture. Objective is
  exhibited when someone is subjected to degrading
  treatment with the intent of obtaining
  information or a confession.
• Degree speaks to both the deliberate physical or
  mental suffering inflicted upon the party as well
  as the intensity of the suffering caused.

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Bush Administration

• US government began torturing prisoners in the
  spring of 2002.
• These prisoners would be brought to black
  sites. Various military bases in countries
  around the world such as Thailand, Afghanistan,
  Morocco, and Poland.
• Operated initially by FBI agents, using standard
  interrogation tactics.
• CIA agents replace them with an alternate set of
  procedures.
• High level administrative officials have to give
  the green light, before agents can act.

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Torture Legislation

• Memorandum of Understanding, September 17, 2001
• Legal Rationale by General John Yoo in January
  2002
• Endorsement by White House counsel Alberto R.
  Gonzales
• Torture Memorandum August 2002
• March 2003 Defense Department Legal Task
• Military Commissions Act 2006

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Hiding the Truth

• The US doesnt torture its against our values.
  I have not authorized it- and I will not
  authorize it. President George W. Bush
• CIA destroyed as many as 92 video recordings of
  interrogations.
• According to Pentagon figures at least eight
  people were tortured to death.
• Cover phases
• Alternate set of procedures
• Taking the gloves off
• Shocks the conscience
• New urgency
• Specifically designed not to leave marks

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Medias Role

• An interview by Matt Lauer of President Bush
• http//www.youtube.com/watch?vMFtcYeoxk1k
• President Bush We Dont Torture People
• http//www.youtube.com/watch?vg6LtL9lCTRA
• Dick Cheney ordered Torture, Wiretapping, and
  Violated the Constitution
• http//www.youtube.com/watch?vgwmh5QRMbb8

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Khalid Sheikh Mohammed

• A key planner in the 9/11 attacks, captured in
  March 1, 2003.
• Dick Cheney in his exit interview with ABC news
  admits he gave authorization for tactics taken
  against Mr. Mohammed. He doesnt believe any of
  the tactics went too far, including water
  boarding.
• Mr. Mohammeds recollection from his
  interrogation involves being punched, stripped,
  cuffed and chained, drenched with cold buckets of
  water, no toilet access, blindfolded, brought to
  the verge of death, weight being applied to open
  wounds, sexual assault, neck collars, water
  boarding.
• Additionally he admitted that during times of
  painful procedures he would give false
  information to appear cooperative.

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What should be done?

• http//www.youtube.com/watch?vM_4Rkbn1GFE

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Awareness

• Spreading awareness of torture used by
  militaries.
• Campaigning against the use of torture.

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Language

• Clearing up the language in the legal definitions
  of torture.
• Make the language more uniform and less vague.

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Development

• Developing better ways to interrogate.
• Place less pressure and accountability on
  infantry soldiers and more pressure and
  accountability on officers and other high-ranking
  officials.
• Better training of interrogators and stricter
  inspection of detainee camps.

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Any Questions?