End To Torture Worldwide

COLUMN OF THE AMERICAS
JUNE 24, 2008
BY ROBERTO DR. CINTLI RODRIGUEZ
TORTURE AND HOODED JUSTICE

In any language, torture is a four-letter word. While the repugnant
practice is primarily associated with the Inquisition and the darkest
chapters of human history, as a result of the release of hundreds of
pages of declassified memos, torture will forever in history also now
be associated with American President Bush.

Contrary to his July 26, 2003 insistence – that the United States does
not torture – as a result of those memos, we have learned that torture
and the abuse of prisoners have had the U.S. presidential seal of
approval since 2001. Contrary to all the documented evidence, this is
also a president who claims he did not lead the nation into war under
false pretenses.

On both the topic of torture and illegal wars, this has set the worst
possible example. As Amnesty International recently reported: "The
so-called "war on terror" has led to an erosion of a whole host of
human rights. States are resorting to practices which have long been
prohibited by international law, and have sought to justify them in
the name of national security." These fear-driven practices include
abductions, illegal detentions, extraordinary renditions, illegal
deportations and secret prisons, specifically designed to be outside
of the reach of international law. Physicians for Human Rights also
recently concluded that despite the administration's denials, the U.S.
Government has tortured prisoners in its "war on terror."

It is for this reason that the world human rights community nowadays
calls for the end of torture every year on June 26.

That an American president, with professed Christian values, would
embrace state-sponsored torture, should shock the human conscience.
And yet beyond the "war on terror," after five years of waging a
criminal war in Iraq, why should anyone be shocked that that embrace
violates a series of International treaties and the 1996 Federal War
Crimes Act, plus the clear wishes of Congress?

Because of those memos – through the prodding of the ACLU – we now
know that the dehumanization of prisoners was policy and not the
doings of a few bad apples, as was claimed after the release of the
Abu Ghraib photos. History will judge President Bush as a torture
enabler who continually sought exemptions and loopholes via a
redefinition of torture. But no need to wait for history; in its 2008
annual report regarding torture, Amnesty International also noted that
the Bush Administration has distinguished itself in "defiance of
international law."

The memos reveal that the Bush administration since Sept. 11, 2001
engaged in extensive discussions about how to get around U.S. and
international laws (including the Geneva Conventions) against torture.
This included assertions that torture was only illegal if carried out
on U.S. soil (thus Guantanamo) and it was only illegal if carried out
by members of the U.S. Armed Forces – which left an opening for the
CIA, mercenaries and the secret services of allied rogue nations.
Other assertions included the argument that torture was not illegal if
carried out against members of irregular forces.

Such assertions have been a boon to despots everywhere. Additional
assertions have included the "right" to secretly arrest and detain
suspects indefinitely and incommunicado, without legal representation,
without charges and without trials. All this is predicated on the
notion that this president has special powers during times of [legal]
war, thus the need for permanent war.

While seemingly "old news," revelations regarding torture continue to
make the news. The nation recently learned that FBI agents in 2002
created a "war crimes file" against U.S. military personnel at
Guantanamo, though the agents were directed to disband it in 2003
because creating such a file was not their mission (NY Times, May 21,
2008).

However, torture is not old news; it remains U.S. policy. This
administration continues to assert the "right" to utilize torture by
playing gymnastics with its legal definitions. All of this while
insisting that other nations exempt the United States from the
International War Crimes Tribunal. (It also asserts the right to war
against Iran).

Fortunately, the European Court of Human Rights – which earlier this
year reaffirmed its ban on torture – is not vacillating in the same
manner as the Bush administration… or even Sen. John McCain, who
supports the CIA torture exemption. Even the nation's top law
enforcement official, U.S. Attorney General, Michael Mukasey,
purportedly opposes torture, yet declines to define the
Inquisition-era water-boarding as such.

These assertions have begun to erode the moral fabric of our society.
That fabric is increasingly orange and the faces are hooded. The hoods
dehumanize not simply the prisoners, but all those that permit these
barbarities in the name of America.

* For information regarding the July 26 event, go to the Torture
Abolition Support & Solidarity Coalition International website at:
http://www.tassc.org/

* For information regarding the July 26 event, go to the Torture
Abolition Support & Solidarity Coalition International website at:
http://www.tassc.org/

Rodriguez, a research associate at Mexican American Studies at the
University of Arizona can be reached at: 520 743-0376 or Xcolumn@gmail.com
or Column of the Americas - PO BOX 85476 - Tucson, AZ 85754. The column is
archived at: http://web.mac.com/columnoftheamericas/iWeb/Site/Welcome.html