little girl BIG VOICE

Photo Credit: Washington Post

We’re back! And so are you, which is great, because it’s time to open Pandora’s box, so-to-speak. You’re probably aware that the issue of the use of torture in the so-called “War Against Terror” (Ooooohhhhhh! Ahhhhhhhh!) has been in and out of the news for the past few years. Several scandals hit between 2004-2007, forcing American politicians, citizens and civil servants (including military personnel) to look twice (and frankly, more critically) at the policies and de facto activities we’re engaging in.

The most famous, of course, is Abu Ghraib and the ridiculous photos that were leaked concerning the “night crew’s” nocturnal shenanigans (which of course were ridiculous only in that they were absolutely absurd and the shenanigans downright inhumane). It was impossible for the government and the Army to deny the improper and un-American behavior of their troops due to the photographic evidence. Yet, today and at the time the Abu Ghraib photos hit the front pages of just about every newspaper in America, somewhere between 30-40% of Americans (depending on which poll your looked at: Gallup/CNN/USA Today, Pew, ABC news/Washington Post) believed torture was acceptable in some cases (especially when used in order to gain information that would prevent a terrorist attack).

This isn’t a new attitude. It might come a shocker to the pure at heart, but torture isn’t a new tactic in American dealings. While it’s not something we like to think about or admit to doing, the fact of the matter is that the United States has tarnished the noble values of our Constitution by using torture since before its famous words were even dreamt of. Well, no more! It’s something we are allowing our government to engage in under the auspices of national security–even though Thomas Pickard, the former director of the FBI, has spoken out about the ineffectual and counter-productive results it will yield. And I don’t know, he might be somebody who knows about these things.

To help us understand this phenomenon, we’re going to take a look at several historical periods where torture was condoned and/or directly used by the United States government. But first–we need a working definition of what is meant when we use the word “torture” that goes beyond Merriam Webster. For that, we’ll need to delve into the United Nations Convention Against Torture (which President Nixon signed and Congress later ratified in 1990), the United Nations Declaration of Human Rights and Title 18 of the United States Legal Code.

In Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, the UN defines torture as:

1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, 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.2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

The UN Declaration of Human Rights speaks to issues arising in United States Detention Camps in Articles 5-11:

Article 5.

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

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

And United States Title 18 states that: