Wednesday, June 18, 2008

"If the detainee dies, well you're doing it wrong"

McClatchy and AP reported on documents released to the Senate Armed Services Committee, and much of it is stunning. Under the Torture Conventions, torture is prohibited, and I would hope the United States would have a higher standard when it comes to Rule of Law, except it apparently doesn't. This following exceprt from Jonathan Fredman is telling of how far we have gone backwards.

"Under the Torture Convention, torture has been prohibited by international law, but the language of the statutes is written vaguely. Severe mental and physical pain is prohibited. The mental part if explained as poorly as the physical. Severe physical pain described as anything causing permanent damage to major organs or body parts. Mental torture described as anything leading to permanent, profound damage to the senses or personality. It is basically subject to perception. If the detainee dies you're doing it wrong.

" . . . Any of these techniques that lie on the harshest end of the spectrum must be performed by a highly trained individual. Medical personnel should be present to treat any possible accidents. . . . When the CIA has wanted to use more aggressive techniques in the past, the FBI has pulled their personnel from the theatre.

" . . . if someone dies while aggressive techniques are being used, regardless of cause of death, the backlash of attention would be severely detrimental. Everything must be approved and documented."

_ Jonathan Fredman, chief counsel, CIA Counter-terrorism Center, according to the minutes of an Oct. 2, 2002, Counter Resistance Strategy Meeting.

"If the detainee dies, you are doin it wrong" What? How did we get here? How did we get to this place? When did America arrive at a time when we torture? And more importantly, how do we return to the point where our laws and land are admired. We could run through many historical scenarios on when this happened, but let's stick to these released documents for now. For me, another telling quote is "Everything must be approved and documented" , this is telling of the crimes of our own Government. The Bush White House and Pentagon really do not have any regard for life. We have long debated the use of aggressive interrogation methods, errr, torture since the War in Iraq became an occupation. These techniques used do not make us safer, and only give our operatives more faulty intel. , much like what got us into this mess in the first place.

If we are anal probing detainees, or standing on their genitals, they are either going to say anything to make it stop, or faint. Those two results are pointless. In addition, we have long been a Nation of destination for many around the world, and still are to some degree. I do, however, believe we have damaged our image severely. We took a small step forward when the Supreme Court, by a 5-4 decision granted Guantanamo detainees, which allows them to challenge their detention under Habeas Corpus. This decision was brave, and human, and very American. Although, it has received its criticisms from the right. By giving the detainees the right to face their accuser, it remedies the errors of torture, allows our Courts to either imprison them, or if not found guilty release them. For the record, there are reports that have factually proven that we have imprisoned innocent men. The efforts put forth by 5 Supreme Court Justices, retired Generals, some Democrats, and Grassroots activists are paying off, we must keep it up to restore our title of the "Greatest Country in the World".

1 comment:

  1. From the National Journal:

    But the quoted official, CIA lawyer Jonathan Fredman, told the committee on November 18 that he had made no such statement. In fact, Fredman added in a heretofore confidential, five-page memo, he had stressed at the 2002 meeting with interrogators at the Guantanamo Bay detention facility described in the Levin committee's report, "Interrogation practices and legal guidance must not be based upon anyone's subjective perception" (emphasis added) but rather upon "definitive and binding legal analysis."

    Remarkably, the 18-page report issued by the committee (headed "Executive Summary") does not mention Fredman's vehement -- and, in my view, quite plausible -- denial of the horrifying words attributed to him in a document of debatable reliability that the report, and Levin, have treated as established fact.

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