July 9, 2006
TORTURE IN WESTERN CULTURE
Table 1: Torture Practices, United
States Detention Centers,
Afghanistan, Guantanamo Bay and/or Iraq*
|
Type of Torture |
Practice |
|
Physical a. By Assault b. By Deprivation |
Asphyxiation (water immersion, obstruction of
airway, chest
compression, suspension). Beating (with fist/truncheon, kicking). Burning (thermal only, not chemical). Electrical shocks (with external electrodes only, not internal electrodes; and not Aparilla,@ which is strapping the victim to an electrified metal bedspring). Ligature (to penis only, not limbs). Medical procedures which are invasive (administration of drugs, enemas, etc . . . Mutilation (dog bites). Rape. Slamming (as against a wall). Stretching/suspending. Food, toilet access, water. Medical care. Sensory input (sensory deprivation). Shelter from cold/heat. Sleep. |
|
Psychological |
Abasing the victim (applying to him/her the
urine/feces of others). Administering disorienting drugs (such as
tranquilizers or
hallucinogens). Forcing victim to base self (accusing/confessing falsely, masturbating, renouncing his/her religion, urinating on self). Forcing victim to watch the abuse/torture of a loved one. Mock executions. Perceptual monopolization (loud noise,
immobilization, bright
lights or blindfolding, confinement in small space). Sexual degradation (nudity, fondling). Verbal abuse (denigration of the prisoner=s religion, insults, threats against the prisoner=s family, threats to prisoner. |
* Reliably documented (Miles 2006, pp. 8-9. See p. 60 of the present document).
Table 2: United States Prisons in Afghanistan, Guantanamo Bay and Iraq*
|
Country |
Prison |
|
Afghanistan |
Asadabad (prisoner death) Bagram (prisoner death) Gardez (prisoner death) Helmand Province Jalalabad Kabul Kandahar Khost Shiberghan |
|
Cuba |
Gantanamo Bay |
|
Iraq** |
Al Qaim Ar Ramadi Al Asad In Baghdad : Abu Ghraib (prisoner death) Cropper Jenny Pozzi Presidential Palace Balad Basra (prisoner death) Bucca (prisoner death) Eagle Lima Mercury Mosul (prisoner death) Samarra Taj Tikrit (prisoner death) Umm Qasr Whitehorse (prisoner death) |
* These are the prisons mentioned in Miles 2006 (Miles 2006, p. xvii. McCoy 2006a, p. 132. See p. 60 of the present document).
** Prisoner death also occurred in an unidentified facility (Miles 2006, p. 71)
TORTURE
The word Atorture@ comes from the Latin torquere (past participle tortus), to twist, in two senses:
1. The act of inflicting intense pain in order to punish, coerce, or afford sadistic pleasure B to make a body contort.
2. Something that causes agony or pain B the contortions of a person in agony (Miles 2006, p. 4).
TORTURE AS AN INSTITUTION
It is customary to think of torture as a set of techniques. Torture, however, is a social institution. Torturing societies create laws, policies, and regulations to authorize the practices. They establish, empower, and protect specialized practitioners and places. With fear, incentives, and propaganda, they secure the assent or acquiescence of the press, the judiciary, the professions and the citizenry. This view of torture as an institution means that moral blame may not simply be laid on the individual soldiers or police who employ horrific techniques. Those officials are agents, acting on behalf of national leaders, public policies, and a social and political consensus. Moral responsibility is shared by the society at large (Miles 2006, pp. 5-6).
In the climate of the present war on terror, the United States rationalizes the use of torture and harsh treatment by portraying it as necessary for interrogation (Miles 2006, p. 6).
WHAT IS TORTURE?
The English poet William Wordsworth (1770-1850) writes:
ASuffering is permanent, obscure, and dark, and has the nature of infinity@ (Wordsworth undated; quoted in Wilde 1905, p. 7).
In 1897, while serving a two-year imprisonment for homosexual practices Oscar Wilde (1854-1900), describes how great an invasion of the human condition is imprisonment itself:
A
. . . Suffering is one very long moment.
We cannot divide it by season. We
can only record its moods, and chronicle their return. With us, time itself does not progress. It revolves.
It seems to circle round one center of pain . . . For us, there is only one season, the season
of sorrow . . . And in the sphere of
thought, no less than in the sphere of time, motion is no more . . .@
ASorrow is a wound that bleeds when any hand but that of love touches it, and even then must bleed again, though not in pain@ (Wilde 1905, pp. 1-3).
In his 1958 memoir, The Question, Henri Alleg, who had been tortured during the battle of Algiers (1956-1957), describes the effect of the French army=s water-pipe method:
AI tried, by contracting my throat, to take in as little water as possible and to resist suffocation by keeping air in my lungs for as long as I could. But I couldn=t hold on for more than a few moments. I had the impression of drowning, and a terrible agony, that of death itself, took possession of me@ (Alleg 1958; quoted in McCoy 2006a, p. 19).
In her 1985 essay, AThe Structure of Torture,@ scholar Elaine Scarry, describes:
ATorture is a dialogue between the voice of the interrogator asking the question and the flesh of the prisoner absorbing that all-consuming pain, which blots out the whole world and all perception, thought, memory, past, principle B covering every inch of consciousness until the victim is nothing but the pain he/she experiences . . . It is to pain that one loses the soul when the whole wide world is reduced to the body, the victim=s world shrinking as the torturer=s world expands into the fiction of his political power, a fiction built upon nothing but the actual suffering of a victim@ (Scarry 1985; cited in Millet 1994, pp. 300-301. McCoy 2006, p. 194).
In her 1994 book, The Politics of Cruelty, Kate Millet describes:
AMost of all, torture is fear. If you knew it would last only a stated interval, perhaps you could bear it. It is the not knowing, the uncertainty of menace that drives you to panic. Not just what they do to you, but what they may do to you next, what they have the power to do to you, at any moment, at every moment. Torture is all potentiality, endless possibility. And if the world keeps silent afterward, torture is not only victorious but permanent, eternal. Continuous.@
AThe essence of torture is its deliberate cruelty, its willed immorality, its conscious inequity. A laughter that mocks@ (Millet 1994, pp. 300-302).
In her 2002 book, The Atrocity Paradigm B A Theory of Evil, Claudia Card focuses on rape as torture and terrorism:
ATorture and terrorism tame their survivors by relying on the energy-consuming and debilitating effects of fear. Purposes ultimately served by both civilian and war rape, include utilitarian and recreational exploitation. But the immediate result in victims who survive is an overwhelming sense of helplessness. Rape, like other forms of torture, effectively reduces or eliminates resistance@ (Card 2002, p. 124).
Note on Euphemisms: Like University of Minnesota Professor Steven Miles, I have avoided euphemisms. The inmates of U.S. facilities in Afghanistan, at Guantanamo Bay, and in Iraq are Aprisoners,@ not Adetainees,@ Apersons under control,@ or Aillegal combatants@ B terms which the U.S. Government has created for the purpose of exempting itself from international norms of civilized conduct (Miles 2006, pp. xiii-xiv).
THE HISTORY OF TORTURE IN THE WEST
B.C.E.
500:
The AMiddle Egoic@ stage of consciousness development begins in Europe and the Near East. This period would last until 1500 C.E. (Wilber 1981/1996, p. 188; summarized in Hall 2005c, p. 33).
Ancient Greeks interrogated slaves under torture (Miles 2006, p. 25).
The Greek physician Hippocrates (c.460-c.370) is the first to give medicine a base in objective observation and critical deductive reasoning, separating it from superstition and philosophic speculation. Hippocrates would be regarded as the father of medicine through to and including the present time.
The Hippocratic oath represents Hippocrates= ideals and principles, though the oath itself cannot be credited directly him. The oath details codes of patients= right to privacy, inspires the physician to lead an honorable personal and professional life, and requires that he prescribe treatment only for curative purposes. The oath would govern the ethical conduct of physicians through to and including the present time (Columbia Encyclopedia).
c.500 - 284
Rome extends the Greek practice of interrogating slaves under torture, to interrogating freemen under torture as well (Miles 2006, p. 25).
50
King Mithradates VI (c.131-63) of Asia Minor poisons prisoners in order to test antidotes to assassination (Miles 2006, p. 30).
C.E.
500 - 1850:
European law makes torture an accepted part of judicial interrogation (McCoy 2006a, pp. 16 and 203).
866:
(Saint) Pope Nicholas I (c.825-867, pope 858-867) forbids torture (McCoy 2006a, p. 16).
1215:
500. A Church council abolishes trial by ordeal.
501. European civil courts revive Roman law which allows torture in order to obtain confessions. This approach would persist for the next 500 years (until about 1715) (McCoy 2006a, p. 16).
1252:
During the Medieval Inquisition, Pope Innocent IV (d.1254, pope 1243-1254) formalizes the use of torture by Church interrogators for both confession and punishment (McCoy 2006a, p. 16).
1350:
During the Italian Medieval Inquisition, the strappado is invented. It is a frame from which a victim is suspended by ropes, the torturer then able to apply stretching and twisting to the limbs and back, in five increasing degrees of intensity. The scale is preserved in the modern phrase, Athe third degree,@ which means harsh police questioning (Miles 2006, p. 25).
1500:
The AHigh Egoic@ stage in consciousness development begins in Europe. This period would last through to, and including, the present time (Wilber 1981/1996, p. 188; summarized in Hall 2005c, p. 36).
The Renaissance begins. The period would last until 1650.
1500-1700:
During the 16th and 17th centuries, torture is practiced on a large scale. Thus would Alec Mellor describe the temper of the times, in his 1949 book, La torture B son histoire, son abolition, sa reapparition au XXe siecle (Torture B its History, its Abolition, and its Reappearance in the XXth century):
A[During the 16th and 17th centuries], military torture is prodigious, religious torture is regularized, and judicial torture is enriched daily by new varieties@ (Mellor 1949; quoted in McCoy 2006a, p. 17).
1650:
The Enlightenment begins in Europe. The period would last until 1875 (Wilber 1996, pp. 53-54; summarized in Hall 2005c. p. 36).
1688:
In France, Jean de La Bruyere (1645-1696) writes, Les caracteres de Theophraste (The Characters of Theophrastus). His strong moral views on the economy of his time, the widespread poverty, and the idle life of the nobility, would gain lasting attention. He describes the rack as:
AA marvelous invention and an unfailing method of ruining an innocent weakly man and saving one who is robust and guilty@ (de La Bruyere 1688; quoted in Miles 2006, p. 26; Columbia Encyclopedia).
1740:
In Prussia, King Frederick II (1712-1786, AFrederick the Great,@ king 1740-1786) abolishes ordinary torture. He writes a dissertation in which he denounces the practice, describing it:
Aas cruel as it is useless@ (McCoy 2006a, p. 17).
1762:
In France, Enlightenment philosopher Francois Marie Voltaire (1694-1778) (a friend of King Frederick II) famously condemns the practice in polemics denouncing judicial torture. One of the cases on which Voltaire focuses, is that of Jean Calas, a Protestant small businessman in Toulouse, father of a son who hung himself in his father=s small store because, as a non-Catholic, he was barred from practicing law. Jean Calas was sentenced to torture B both the Aquestion ordinaire@ (dislocation of all joints by pulling) and the Aquestion extraordinaire@ (forcing thirty pints of water into the victim by mouth). Voltaire=s work would spark a movement throughout Europe for the abolition of torture (McCoy 2006a, p. 17. Ingersoll undated, pp. 1-3).
1764:
In Italy, Cesare Beccaria (1738-1794), then 26 years old, writes, Essay on Crimes and Punishments, one of the first arguments against capital punishment and the inhuman treatment of criminals. The book is widely acclaimed in Western Europe. Beccaria would go on to become an eminent criminologist, economist and jurist, influencing local economic reform and stimulating penal reform throughout Europe (Miles 2006, p. 26; Columbia Encyclopedia).
1769:
In England, William Blackstone (1723-1780) publishes a series of his lectures as, Commentaries on the Laws of England, a thorough treatment of the whole of English law. The book would exert an immense influence on the legal profession, both in England and in the United States. Blackstone scorns torture as:
Aan inhuman species of mercy . . . It seems astonishing [to be] . . . rating a man=s virtue by the hardiness of his constitution, and his guilt by the sensibility of his nerves@ (Miles 2006, p. 26. Columbia Encyclopedia).
1775:
The truth domains in all existence (domains of knowledge, value
spheres) B are now fully differentiated for the first
time. There is
1.
Art, Aesthetics B the interior individual. Representatives of this viewpoint include Gautama Buddha
(563-483 B.C.E.), Plotinus (205-270), Sigmund Freud (1856-1939), Aurobindo Ghose (1872-1950), Carl Jung (1875-1961), Jean Piaget (1896-1980), and Jurgen
Habermas (1929-)
(Wilber 1996, pp. 86-87; summarized in Hall
2005c, p. 3. Wilber 1995/2000, p. 9; summarized in Hall 2005c, p. 3. Wilber
1983/2005, p. 57; summarized in Hall 2005c, p. 3).
2. Morals, Culture B the interior collective. Representatives of this viewpoint include Wilhelm Dilthey (1833-1911), Max Weber (1864-1920), Martin Heidegger (1889-1976), Hans-Georg Gadamer (1900-2002), Jean Gebser (1905-1973), and Thomas Kuhn (1922-1996) (Wilber 1996, pp. 86 and 95; summarized in Hall 2005c, p. 4. Wilber 1995/2000, p. 9; summarized in Hall 2005c, p. 4).
3.
Science B
the external, the objective individual.
Representatives of this viewpoint include John Locke (1632-1704), John Watson (1878-1958), and B.F. Skinner
(1904-1990, and those whose viewpoint is empiricism, behaviorism, physics,
biology and neurology (Wilber
1996, p. 86; summarized in Hall 2005c, p. 5. Wilbur 1995/2000, p. 9; summarized
in Hall 2005c, p. 5).
4. Science
B the external, the objective collective. Representatives of this viewpoint include Auguste Comte
(1798-1857), Karl Marx (1818-1883), Talcott Parsons (1902-1979), and Gerhard Lenski
(1924-), and those whose viewpoint is systems theory (Wilber 1996, pp. 86, 88-89 and 96; summarized in Hall
2005c, pp. 5-6. Wilber 1995/2000, p. 9; summarized in Hall 2005c, p. 6).
The differentiation of these domains leads to the separation of Church
and State, the demand for equality and democracy, the movement for the
abolition of slavery, the movement for women=s rights, and the blossoming of science.
This differentiation, however, instead of progressing, as would be needed for normal growth, to integration of the domains, would soon lead to their (pathological) dissociation, little interaction happening between them. Both differentiation and integration are needed for growth, for the widening of consciousness to a level higher than the ego B to perhaps an integral aperspectival view of the world (Wilber 1995/2000, pp. 405, 409 and 423; summarized in Hall 2005c, pp. 3-6 and 38. Wilber 1998; summarized in 2006c, p. 7. Wilber 2000; summarized in Hall 2006a, p. 6, and Hall 2006d, p. 9).
1789:
In France, speaking before the French revolutionary legislature, Joseph-Ignace Guillotin (1738-1814), physician and legislator, calls for an anti-torture law. He also advocates for both minimizing the pain of execution, and making it equal for all. He decries the current custom of swiftly beheading the prominent, and reserving for the ordinary person more prolonged and painful methods, such as breaking on the wheel, burning alive or quartering. Guillotin declares:
AIn all cases where the law imposes the death penalty on an accused person, the punishment shall be the same whatever the nature of the offence of which he is guilty. The criminal shall be decapitated. This will be done solely by means of a simple mechanism.@
Guillotin=s proposed reforms are enacted, and surgeon Antoine Louis (1723-1792) designs France=s penal decapitator, soon to be known as the guillotine.
The transition between the application of medical knowledge for the purpose of healing, and its application for the purpose of inflicting torture, was its application for the purpose of refining capital punishment (Miles 2006, pp. 27-28).
1825:
In Europe, torture is abolished . . . Or perhaps, its legal abolition does not end torture B only drives it underground (McCoy 2006a, p. 17. Miles 2006, p. 28).
In England, poet William Wordsworth (1770-1850) writes about the nature of suffering (See p. 3 of the present document).
1874:
In France, poet, dramatist and novelist Victor Hugo (1802-1885) declares:
ATorture has ceased to exist@ (McCoy 2006a, p. 17).
1875:
Modernity begins in Europe and the United States. The period would last until 1950. The domains of knowledge are almost
completely dissociated. The interior
domains are negated. Science B or, more accurately, the science of the exterior
domains, monological science B dominates.
Science becomes scientism B the belief that there is no reality save that revealed by the science of the exterior domain. Psychology becomes behaviorism. The Great Chain of Being (matter, body, mind, soul and spirit) B is negated. Explosively successful monological science, and the technology to which it gives rise, invade (Acolonize@) the interior domains. Industrialization begins (Wilber 1996, pp. 86, 88-89 and 96; summarized in Hall 2005c, pp. 3-6. Wilber 2000, pp. 59, 61, 64 and 70-71; summarized in Hall 2006a, p. 6. Wilber 2000/2001, pp. 9 and 56-59; summarized in Hall 2005c, pp. 3-6. Smith 1976/1992, pp. 69, 74-78, and 87-88; summarized in Hall 2004b, p. 6. Lakoff and Turner 1989; summarized in Hall 2005a, pp. 1-6).
1905:
In England, the essay, ADe Profundis,@ by Oscar Wilde (1854-1900), is published posthumously (Columbia Encyclopedia. See p. 3 of the present document).
1920=s:
Torture reappears in Europe.
1. In Italy, in1922, Benito Mussolini (1883-1945, dictator 1929-1945) declares, AMan is nothing.@ He uses his secret police to torture the enemies of his all-powerful state (McCoy 2006a, p. 18).
2. In Germany, during the Third Reich, under Adolf Hitler (1889-1945, chancellor 1933-1945), torture begins secretly and escalates until, in June 1942, SS Chief Heinrich Himmler (1900-1945), Chief of the German police, including the Gestapo (secret police) orders interrogators to use the third degree in beatings, close confinement, and sleep deprivation (McCoy 2006a, p. 18. Encyclopedia).
3. In the Soviet Union, Joseph Stalin (1879-1953, dictator 1923-1953), not only revives the practice of torture but applies modern methods to expand the diversity and intensity of physical pain (McCoy 2006a, p. 17).
During the 20th century, physicians not only would use the precedent of the non-therapeutic use of medical knowledge set by Joseph-Ignace Guillotin and Antoine Louis during the French Revolution, but they would further expand it:
1. In Germany:
a. During the 1930=s, Nazi physicians devise a variety of ways to euthanize chronically ill Germans.
b. During the Second World War, Nazi physicians adjust food rations so as to enable prisoners to work while they are being starved to death.
2. In the United States:
Physicians and medical societies promote electrocution as an alternative to hanging. They supervise the design of electric chairs.
Physicians create protocols for execution by lethal injection and assist in the punishment.
Military physicians and behavioral scientists study how to cause pain, anxiety, disorientation and regression by means of sensory deprivation, and drugs B psychoactive, hallucinogenic and caustic (Miles 2006, p. 28).
1945:
The post-war years.
1948:
1. The United Nations General Assembly adopts the Universal Declaration of Human Rights which prohibits torture in both principle and practice. The United States plays a central role in the drafting of it. The Declaration states:
AEveryone has the right to life, liberty and security of person . . . No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment@ (McCoy 2006a, pp. 11 and 15. Miles 2006, p. 31. Boyle 2004, p. 102; summarized in Hall 2004a, p. 4. See 1955, 1966, 1975, 1982 and 1984 for subsequent declarations regarding torture by the United Nations).
2. The World Medical Association, a congress of national medical associations, adopts its Declaration of Geneva, in response to the participation of medical doctors in atrocities before and during the Second World War. The time is one year after the international tribunal for war crimes in Nuremberg, and one year before the Geneva Conventions. The professional oath is:
AEven under threat, I will not use my medical knowledge contrary to the laws of humanity@ [Miles 2006, p. 33. Refuseandresist.org 2005, p. 7. See 1956, 1975, and 2004 (June 12th and October 9th), for subsequent official statements by the Association].
1949:
The Geneva Conventions specify the required treatment of prisoners and prohibit torture in both principle and practice. The United States plays a central role in the drafting of them (McCoy 2006a, p. 11. Miles 2006, p. 32. Boyle 2004, p. 150; summarized in Hall 2004a, p. 4).
1950:
Post-modernity begins B the Age of Information. The
period would last through to and including the present time. Post-modernity sees reality as an
interpretation. Truth is not a given, it
is culturally determined. There is no
truth. There are only
interpretations. The cultural domain
(interior collective), negates the other domains B Art (interior individual) and Science (the
monological, empirical) (Wilber
1996, pp. 41 and 61-64; summarized in Hall 2005c, p. 41).
1950-1962:
The United States uses its Central Intelligence Agency (CIA) to invest $1,000,000,000 annually into a secret, massive mind-control research effort whose objectives are both psychological warfare and the disintegration of human consciousness (McCoy 2006a, p. 7).
1954:
In Canada, Donald Hebb, psychologist at McGill University, Montreal, begins reporting, in the Canadian Journal of Psychology, on the devastating impact of sensory deprivation (McCoy 2006a, pp. 32 and 35. Miles 2006, p. 28).
1957-1963:
In Canada, under the cover of treating schizophrenia, Ewen Cameron, Director of the Allan Memorial (Psychiatric) Institute, a branch of McGill University, uses unwitting or unwilling subjects to experiment with an extreme form of behavioral experimentation B what Cameron calls Adepatterning@ (McCoy 2006a, pp. 42-44 and 65).
Late 1950's:
In the United States, respected medical researchers use secret CIA funding for lysergic acid diethylamide (LSD) experiments at the Boston Psychopathic Hospital, simultaneously reporting medical results in academic journals and secret findings to the Agency (McCoy 2006a, p. 29. Miles 2006, p. 28).
1954-1962:
The massive pacification of Algeria by France includes the brutal torture of several hundred thousand suspected rebels and their sympathizers (McCoy 2006a, p. 18).
1958:
In Algeria, Henri Alleg, editor of an Algiers newspaper, tortured during the battle of Algiers (1956-1957), publishes his memoir entitled (with a bow to Voltaire), The Question. The introduction is written by philosopher, playwright and novelist Jean-Paul Sartre (1905-1980). The French government bans the book (McCoy 2006a, p. 19. See p. 4 of the present document).
1955:
The United Nations General Assembly adopts the Standard Minimum Rules for the Treatment of Prisoners, setting minimal standards for medical oversight to be provided for prisoners, with regards to food, medical care, sanitation and shelter (Miles 2006, pp. 33-34. See 1948, 1966, 1975, 1982 and 1984 for other declarations concerning torture by the United Nations).
1956:
The World Medical Association issues Regulations in time of Armed Conflict. While the document is clearer than its 1948 Declaration of Geneva, it still only obliquely refers to the partnership of health professionals with those who torture:
AThe primary task of the medical profession is to preserve health and save life. Hence, it is deemed unethical for physicians to give advice or perform prophylactic, diagnostic, or therapeutic procedures that are not justifiable [from the point of view of] the patient=s interest, or [which] weaken the physical or mental strength of a human being without therapeutic justification@ [Miles 2006, p. 34. See 1948, 1975, and 2004 (June 12th and October 9th) for other official statements by the Association].
1958:
The Council of Europe
establishes the European Court of Human Rights, with the mission
of protecting the rights of individuals in member nations against arbitrary
government action (Columbia Encyclopedia).
1961:
In the United States, the book by psychologist Robert Lifton, Thought Reform and the Psychology of Totalism B A Study of Brainwashing in China, is published. Lifton describes the temper of near hysteria which has pervaded the country since the mid-1950=s, with regards to the ability of Communists to control the mind:
A[Popular culture portrays Communist brainwashing as an] all-powerful, irresistible, unfathomable and magical method of achieving total control over the human mind@ (Lifton 1961/1989; quoted in McCoy 2006a, pp. 25 and 215).
1963:
The research by the CIA in the United States and Canada has led to a counter-intuitive breakthrough B the first real revolution in the cruel science of pain in more than three centuries. The new form of torture to which it gives rise, is a Ano-touch@ torture B torture which is entirely psychological, and avoids physical pain (McCoy 2006a, pp. 7-8).
The CIA=s psychological paradigm merges two new methods:
3. ASensory disorientation@ B a total assault on all senses and sensibilities (auditory, visual, tactile, temporal, temperature, survival, sexual and cultural).
4. ASelf-inflicted pain@ B victims feel responsible for their suffering and thus capitulate more readily (McCoy 2006a, p. 8. McCoy 2006b).
The joining of these two techniques creates a synergy of physical and psychological trauma which proves to be a hammer-blow to the fundamentals of personal identity (McCoy 2006a, p. 8).
The CIA codifies the results of its research in the Kubark Counter-intelligence Interrogation Manual, and begins to disseminate the new practices worldwide B at first through the U.S. Agency for International Development (AID), Office of Public Safety, which has access to police departments in Asia and Latin America, and, after 1975, through U.S. Army Mobile Interrogation Training Teams, which would be particularly active in Central America during the 1980=s (McCoy 2006a, pp. 10-11, 26, 50, 52, 86 and 91. Miles 2006, p. 49).
1963-1990=s:
The CIA disseminates the new practices worldwide. They are used in:
1. Vietnam during the 1960's, by the United States.
2. Iran, by Muhammad Reza Shah Pahlevi (1919-1980, shah 1941-1979).
3. The Philippines, by President Ferdinand Marcos (1917-1989, president 1965-1986), particularly from 1972 to 1986.
4. Chile, by President Augusto Pinochet (1915-, president 1973-1990).
5. Central America during the 1980=s (McCoy 2006a, pp. 7, 9, 12, 14, 75, 86, 91 and 136. Miles 2006, p. 159).
1965:
In the United States, the book by Hannah Arendt, Eichman in Jerusalem B A Report on the Banality of Evil, is published (Arendt 1965; cited in Card 2002, pp. 7 and 236).
1966:
The United Nations General Assembly adopts the International Covenant on Civil and Political Rights. Article 7 declares:
ANo one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment@ (Miles 2006, pp. 32-33. See 1948, 1955, 1975, 1982 and 1984 for other declarations concerning torture by the United Nations).
Late 1960=s:
In the United States, Stanley Milgram, a young psychologist at Yale University, performs a series of obedience experiments which may well be part of the CIA=s mind-control project. His close relationship with the U.S. Office of Naval Research (ONR) lends credence to this speculation. Milgram concludes that social convention leads normal individuals to accept authority and ignore the pain of the victim.
The American Psychological Association denies membership to Milgram for one year because of the Apotential harm@ to his subjects during his experiments. Milgram would later move to Harvard University, where would be denied tenure largely for the same reason. He would then be hired, with a promotion to full professor, by Mina Rees, the retired deputy director of the Office of Naval Research (ONR), recently appointed Dean of the Graduate School at the City University of New York (McCoy 2006a, pp. 47-49. Miles 2006, p. 28).
1971:
Britain uses psychological torture against the Irish Republican Army (McCoy 2006a, p. 54).
1972:
Statements in Europe and the United States, indicate that in words, torture is viewed with abhorrence B though these words are left without any means of enforcement.
1973:
Amnesty International holds a Conference for the Abolition of Torture and issues the strongest assertion yet that complicity with torture violates medical ethics:
AMedical and associated personnel shall refuse to allow their professional or research skills to be exploited in any way for the purpose of torture, interrogation or punishment, nor shall they participate in the training of others for such purpose@ (Miles 2006, p. 34).
1975:
1. The Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accords) reaffirms the Universal Declaration of Human Rights (Miles 2006, p. 32).
2. The World Medical Association passes its landmark Guidelines for Medical Doctors concerning Torture and other cruel, inhuman or degrading Treatment or Punishment in relation to Detention and Imprisonment (The Declaration of Tokyo). The Guidelines annul the illegitimate partnership between medicine and torture:
AThe doctor=s fundamental role is to alleviate the distress of his or her fellow men, and no motive whether personal, collective or political shall prevail against this higher purpose.@
AThe doctor shall not countenance, condone or participate in the practice of torture or other forms of cruel, inhuman or degrading procedures, whatever the offense of which the victim of such procedure is suspected, accused or guilty, and whatever the victim=s belief or motives, and in all situations, including armed conflict and civil strife. The doctor shall not provide any premises, instruments, substances or knowledge to facilitate the practice of torture or other forms of cruel, inhuman or degrading treatment, or to diminish the ability of the victim to resist such treatment. The doctor shall not be present during any procedure during which torture or other forms of cruel, inhuman or degrading treatment is used or threatened@ [Miles 2006, pp. 34-35. McCoy 2006a, p. 183. See 1948, 1956, and 2004 (June 12th and October 9th) for other official statements by the Association].
(1975, continued)
3. On December 9th, the United Nations General Assembly issues its Declaration on the Protection of all Persons from Torture. Article 1 declares:
ATorture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him, or a third person, information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons@ (Millet 1994, p. 13. See 1948, 1955, 1966, 1982 and 1984 for other declarations regarding torture by the United Nations).
1978:
The European Court of Human Rights decides the case of Ireland v. the United Kingdom. At issue are the methods used by the United Kingdom in Ireland:
1. AWall standing@: The prisoner stands spread-eagle against the wall, with fingers high above his head, and feet back so that he is standing on his toes, such that all of his weight falls on his fingers.
2. Hooding: A black or navy hood is placed over the prisoner=s head and kept there except during the interrogation.
3. Subjection to Noise: Pending interrogation, the prisoner is kept in a room with a loud and continuous hissing noise.
4. Sleep deprivation: Prisoners are deprived of sleep pending interrogation.
5. Deprivation of Food and Drink: Prisoners receive a reduced diet during detention and pending interrogation.
The judgement of the Court differentiates between (a) Cruel, inhuman, or degrading treatment or punishment, and (b) Torture. The Court states:
AAlthough the five techniques, as applied in combination, undoubtedly amounted to inhuman and degrading treatment, although the object was the extraction of confession, the naming of others and/or information, and although they were used systematically, they did not occasion suffering of the particular intensity and cruelty implied by the word torture@ (European Court of Human Rights 1978; quoted in Bybee 2002, August 1; reproduced in Danner 2004, p. 140).
1982:
The United Nations General Assembly adopts the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and other cruel, inhuman or degrading Treatment or Punishment. The Principles prohibit any physician contact with prisoners:
Awhich is not solely to evaluate, protect or improve their physical and mental health@ (McCoy 2006a, p. 183. See 1948, 1955, 1966, 1975 and 1984 for other declarations concerning torture by the United Nations).
AIt is a gross contravention of medical ethics, as well as an offense under applicable international instruments, for health personnel, particularly physicians, to engage, actively or passively, in acts which constitute participation in, complicity in, incitement to, or attempts to commit torture or other cruel, inhuman or degrading treatment or punishment . . .@
AThere may be no derogation from the foregoing principles on any ground whatsoever, including public emergency@ (Miles 2006, pp. 35 and 116).
1984:
The United Nations General Assembly adopts the Convention against Torture, with a broad definition of torture. Article I declares that torture is:
AAny act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person for such purpose as to obtain from that person, or a third person, either information or a confession@ (McCoy 2006a, p. 100. See 1948, 1955, 1966, 1975 and 1982 for previous declarations by the United Nations).
1985:
1. The American Psychiatric Association and the American Psychological Association issue a Joint Resolution against Torture:
AWhereas, psychological knowledge and techniques may be used to design and carry out torture, and . . . whereas, torture victims often suffer from multiple, long-term psychological and physical problems, be it resolved that the American Psychiatric Association and the American Psychological Association condemn torture wherever it occurs@ [Miles 2006, p. 37. See 2005 (June 27th) and 2006 (May 22nd) for subsequent official statements by the American Psychiatric Association. See 2005 (June 5th) for a subsequent official statement by the American Psychological Association].
2. In the United States, the essay by Elaine Scarry, AThe Structure of Torture,@ is published (See p. 4 of the present document).
1987:
1. The United States Congress passes the Torture Victims Treatment (Protection) Act (Miles 2006, p. 147).
2. In Israel, the Commission of Inquiry into Interrogation by the General Security Service (GSS), headed by retired Supreme Court justice Moshe Landau (the Landau Commission) concludes that:
Aeffective interrogation of terrorist suspects is impossible without the use of means of pressure.@
The recommendation of the Commission, kept classified, advised that:
Amethods of pressure should principally take the form of non-violent psychological pressure. [However, should these methods fail], a moderate measure of physical pressure [may be applied]@ (McCoy 2006a, pp. 207-208. Finkelstein 2005, p. 157).
1987-1994:
The Israeli Government accepts the recommendation of the Commission, and from 1987 to 1994, the GSS interrogates 23,000 Palestinians, subjecting 94 percent (21,620) to physical and/or psychological abuse and/or torture. With a population of Palestinian adult and adolescent males in the West Bank and the Gaza Strip of less than 750,000, the 1987-1994 prevalence of such treatment in this population, is one of every 35 (McCoy 2006a, pp. 207-208. Finkelstein 2005, p. 156).
1988:
The Reagan Administration uses the precedent of the 1978 decision of the European Court of Human Rights, specifically, the case Ireland v. the United Kingdom, for its conclusion that in international usage, the term torture is reserved for:
Aextreme, deliberate, and unusually cruel practices@ (Bybee 2002, August 1; reproduced in Danner 2004, p. 139).
This is despite the broad definition of torture adopted by the 1984 United Nations Convention against Torture.
1993:
The World Conference on Human Rights is held in Vienna. The United States participates (McCoy 2006a, p. 11).
1994:
1. The United States Congress ratifies the United Nations Convention against Torture (1984). However, it ratifies it with a narrowed interpretation of torture, such that the psychological interrogation methods used by the CIA are exempted. As ratified by Congress, the document effectively exempts the CIA from international law. Thus, the administration of President Bill Clinton, by approving the U.N. Convention against Torture, but with the narrow definition torture promulgated by the Reagan administration, in 1988, in essence, legitimates torture as an open, accepted practice in the U.S. intelligence community (McCoy 2006a, pp. 11, 100-102, 121 and 123).
2. The book by Kate Millet, The Politics of Cruelty is published (See p. 4 of the present document).
1995:
On August 13th, in Israel, Aharon Barak, a leading proponent of the Landau recommendations, becomes President of the Supreme Court (in this position August 1995-May 2006). He declares:
AThe solution offered by the Landau Commission for the problem of GSS interrogations >is appropriate=@ (Finkelstein p. 157).
1996:
1. The United States Congress passes the War Crimes Act which carries severe penalties for breaches of the Geneva conventions:
A[The death penalty] if death results to the victim [of the breach]@ (Chomsky 2006, pp. 40-41).
2. The World Psychiatric Association issues its Declaration of Madrid:
APsychiatrists shall not take part in any process of mental or physical torture, even when authorities attempt to force their involvement in such acts@ (Miles 2006, p. 36).
1999:
1. On September 6th, the Supreme Court of Israel (president, Aharon Barak) decides the case of Public Committee against Torture in Israel v. Israel, a suit initiated by the Public Committee against Torture (CAT) against the General Security Service (GSS) for its interrogation methods (used on Palestinians).
At issue are five techniques used by the General Security Service:
a. AShaking@: The upper torso of the prisoner is shaken back and forth repeatedly, causing the neck and head to dangle and vacillate rapidly.
b. AThe Shabech@: The prisoner is seated on small, low chair tilted forward, one hand is tied inside the gap between the chair=s seat and back support, the other hand is tied behind the chair against its back support. The prisoner=s head is covered by an opaque sack, falling down to his shoulders, and powerfully loud music is played in the room.
c. AThe Frog Crouch@: This consists of consecutive, periodical crouches on the tips of the toes, each lasting five minutes.
d. AExcessive Tightening of Handcuffs@: The use of handcuffs which are too small for the prisoner=s wrists.
e. Sleep deprivation: Sleep deprivation occurred when the Shabech was used during Aintense, non-stop interrogations.@
The Supreme Court concludes that these acts amount to cruel and inhuman treatment, but do not amount to torture. In addition, the Court concludes that in certain circumstances, GSS officers can assert a necessity defense (Bybee 2002, August 1; reproduced in Danner 2004, pp. 140-142. Finkelstein 2005, p. 159).
(1999, continued)
In the judgement, Supreme Court President Aharon Barak, writes:
AThis is the destiny of democracy, as not all means are acceptable to it, and not all practices employed by its enemies are open before it. Although a democracy must often fight with one hand tied behind its back, it nonetheless has the upper hand@ (McCoy 2006a, p. 208).
University of Wisconsin Professor Alfred McCoy, in his 2006 book, A Question of Torture, interprets this statement by Barak as Abanning any further abuse of Palestinian prisoners.@ This is an unwarranted conclusion, however, without an inquiry into Barak=s definition of torture and the circumstances in which he would allow a necessity defense by the GSS. Indeed, torture in Israel would continue, with the complicity of the Supreme Court (McCoy 2006a, p. 208. Finkelstein 2005, pp. 154, 156-157 and 164-166. See Public Committee against Torture in Israel, April 2003, in the present document).
September 11, 2001:
The United States now itself, directly engages in torture (not only
through proxies, as in the recent past (See 1963-1990=s for the previous use of proxies).
2001:
1. In the wake of the 9/11 attacks, a public consensus in favor of torture emerges in the United States (McCoy 2006a, p. 108).
2. On December 29th, John Yoo, Deputy Assistant Attorney General, Office of Legal Counsel, writes a detailed memo to Secretary of Defense Donald Rumsfeld, arguing:
AA federal district court could not properly exercise habeas corpus jurisdiction over an alien detained [at Guantanamo]@ (McCoy 2006a, p. 114).
3. The United States henceforth would use torture:
a. In Afghanistan, as of 2001 (Bagram and other prisons) and continuing to the present.
b. On its naval base at Guantanamo Bay, Cuba, as of January 2002 and continuing to the present.
c. In Iraq, as of 2003 and continuing to the present (McCoy 2006a, pp. 6-7, 12, 14, 35, 114, 124, 134, 145, 147-148, 157, 179 and 181-182).
The CIA is both the lead agency responsible for the torture at the Abu Ghraib prison, and the source of the systematic tortures practiced in Afghanistan, at Guantanamo Bay, and in prisons other than Abu Ghraib in Iraq. Psychological torture is a distinctively American form of torture and emerges as a central, if clandestine, facet of American foreign policy (McCoy 2006a, pp. 6-7).
2002:
1. In January:
a. During the month of January, three months after the October 7, 2001, invasion of Afghanistan by the United States, the first prisoners arrive at the Guantanamo Bay Naval Base (Miles 2006, p. 144).
Major General Gary Speer is Acting Commander of the United States Army Southern Command (SouthCom) (in this position October 1, 2001 to August 18, 2002).
The Southern Command has responsibility for all U.S. military activities in South America, Central America, and the Caribbean (including, therefore, the Naval Base at Guantanamo Bay) (Miles 2006, p. 144. Internet, U. S. Army Southern Command).
b. On January 9th, John Yoo, Deputy Assistant Attorney General, writes a 42-page memo asserting that the Geneva Convention and the United States Federal War Crimes Act do not apply to the Afghanistan conflict (McCoy 2006a, p. 113).
c. On January 18th, White House Legal Counsel Alberto Gonzales informs President George W. Bush that the Justice Department:
Ahas issued a formal legal opinion concluding that the Geneva Convention III on the Treatment of Prisoners of War does not apply to the conflict with al Qaeda@ (McCoy 2006a, p. 114).
d. On January 20th, Harvard law professor Alan Dershowitz describes the Aticking bomb case@ on the popular CBS Television program, 60 Minutes, and concludes that torture is inevitable:
AIf you=ve got the ticking bomb case, the case of the terrorist who knew precisely where and when the bomb would go off, and it was the only way of saving 500 or 1,000 lives, every democratic society would, have, and will use torture@ (McCoy 2006a, pp. 111, 190-192 and 234. Miles p. 164. Danner 2004, p. xiii).
(2002, January, continued)
e. On January 22nd, Assistant Attorney General Jay Bybee sends White House Legal Counsel Alberto Gonzales a detailed, 37-page legal road map for practicing coercive interrogation without legal complications, arguing:
ANeither the federal War Crimes Act nor the Geneva Conventions would apply to the detention conditions of al Qaeda prisoners . . . [The president] has the plenary constitutional power to suspend our treaty obligations toward Afghanistan during the period of the conflict@ (McCoy 2006a, p. 115).
f. On January 25th, White House Legal Counsel Alberto Gonzales advises President George W. Bush:
AIn
my judgment, this new paradigm [the war on terrorism] renders obsolete Geneva=s strict limitations on questioning of
enemy prisoners, and renders quaint some of its provisions . . .@
A[The President=s formal waiver of the Geneva Convention] substantially reduces the threat of criminal prosecution under the [U.S.] War Crimes Act, [particularly for violations of Geneva=s prohibition on] outrages against personal dignity [and] inhuman treatment@ (McCoy 2006a, p. 115. Miles 2006, pp. 144-145. Danner 2004, pp. 75 and 84).
2. On February 7th, President George W. Bush makes known his decision to withhold the protection of the Geneva Convention from both Taliban and al-Qaeda fighters:
* The Taliban: AThe provisions of [the] Geneva [Convention] will apply to our present conflict with the Taliban. Taliban detainees [however] are unlawful combatants and, therefore do not qualify as prisoners of war under [the Convention].@
* al Qaeda: ANone of the provisions of [the] Geneva [Convention] apply to our conflict with al Qaeda [either] in Afghanistan or elsewhere throughout the word because . . . al Qaeda is not a High Contracting Party to [the Convention] . . . [Therefore], al Qaeda detainees do not qualify as prisoners of war@ (Miles 2006, p. 146. Danner 2004, pp. 42 and 105-106).
(2002, continued)
3. In August:
a. On August 1st, Assistant Attorney General Jay Bybee sends a 50-page memo (written by Deputy Assistant Attorney General John Yoo, and Counsel to the Vice-president, David Addington), to White House Counsel Alberto Gonzales, arguing for:
i. ASweeping . . . executive power@ for harsh interrogation:
ACongress can no more interfere with the President=s conduct of the interrogation of enemy combatants than it can dictate strategic or tactical decisions on the battlefield@ (McCoy 2006a, p. 121. Danner 2004, pp. 115 and 148-149).
ii. A narrow definition of torture: Bybee interprets the Geneva Convention, as implemented by the United States Code of Law, as limiting the crime of torture to:
AActs inflicting, and . . . specifically intended to inflict, severe pain or suffering, whether mental or physical.@
APhysical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.@
AWe conclude that the statute, taken as a whole, makes plain that it prohibits only extreme acts@ (McCoy 2006a, pp. 121-122. Miles 2006, pp. 147-148. Danner 2004, pp. 76 and 115-116).
(2002, August 1st, continued)
One legal precedent is the 1978 decision of the European Court of Human Rights: Bybee notes:
AThe European Court concluded that these techniques used in combination, and applied for hours at a time, were inhuman and degrading but did not amount to torture . . .@ (Bybee 2002, August 1; reproduced in Danner 2004, p. 139).
A second legal precedent is the 1999 decision of the Israeli Supreme Court (president, Aharon Barak):
AWhile the Israeli Supreme Court concluded that these acts amounted to cruel, and inhuman treatment, it did not expressly find that they amounted to torture@ (Bybee 2002, August 1; reproduced in Danner 2004, p. 141).
iii. The importance of intent: The U.S. Code, Bybee notes, defines torture as an act specifically intended to inflict severe physical or mental pain or suffering upon a person in custody. Bybee reiterates:
AThe infliction of such pain must be the defendant=s precise objective@ (Bybee August 1; reproduced in Danner 2004, pp. 116-118).
The 1999 decision of the Israeli Supreme Court (president, Aharon Barak) again provides a precedent:
AMoreover, the Court concluded that in certain circumstances GSS officers could assert a necessity defense@ (Bybee 2002, August 1; reproduced in Danner 2004, p. 141).
(2002, August 1st, continued)
Bybee concludes:
ABecause the acts inflicting torture [physical or mental] are extreme, there is a significant range of acts that, though they might constitute cruel, inhuman or degrading treatment or punishment, fail to rise to the level of torture . . . [However], even if an interrogation method might violate [the U.S. Code], necessity or self-defense could provide justifications that would eliminate any criminal liability@ (Bybee 2002, August 1; reproduced in Danner 2004, pp. 115 and 155-156).
(2002, August, continued)
b. On August 6th, Major General Gary Speer, Acting Commander in Chief of the United States Army Southern Command (SouthCom), issues a statement which his chief of staff embeds in the personnel section of the SouthCom website, along with policies on parking and alcohol (Bloche and Marks 2005, pp. 2-3. Internet, U.S. Army Southern Command).
The statement instructs health care providers that communications from:
Aenemy persons under U.S. control are not confidential and are not subject to the assertion of privileges.@
The statement instructs medical personnel to:
Aconvey
any information concerning . . . the accomplishment of a military or national
security mission . . . obtained from detainees in the course of treatment, to
non-medical military or other United States personnel who have an apparent need
to know the information@
(AOther
U.S. personnel@ meaning
CIA operatives).
ASuch information shall be communicated to other United States personnel with an apparent need to know, whether the exchange of information with the non-medical person is initiated by the provider or by the non-medical person@ (McCoy 2006a, p. 182. Bloche and Marks 2005, pp. 2-3).
The statement, therefore, not only requires caregivers to provide clinical information to military and CIA interrogation teams on request. It calls on them to volunteer information which they believe might be of value. It makes caregivers part of Guantanamo=s surveillance network, dissolving the Pentagon=s purported separation between intelligence gathering and patient care.
The only limit the policy imposes on caregivers= role in intelligence gathering, is the prohibition against acting as interrogators (Bloche and Marks 2005, p. 3).
(2002, August, continued)
c. On August 18th, General James Hill assumes his functions as Commander of the United States Army Southern Command (in this position from August 18, 2002 - November 9, 2004) (Internet, U.S. Army Southern Command).
4. On September 17th, President George W. Bush signs a classified order giving Anew powers@ to the Central Intelligence Agency (CIA), enabling the Agency to negotiate supporting agreements for secret CIA prisons with eight nations B Afghanistan, Diego Garcia Island, Thailand, and four countries in Eastern Europe (two of these identified later as Poland and Romania). The CIA also has the use of the U.S. base at Guantanamo, Cuba, where it operates ACamp Echo.@ Prisoners in these facilities are to be Aghost detainees@ (a new special category), and would be held without the registration number required by the Geneva conventions, would not have access to legal services, and would not be visited by human rights organizations (McCoy 2006a, pp. 116-117 and 189. Miles 2006, pp. ix, 143, 157-158 and 163. Independent/UK 2005, p. 1).
5. In November, Secretary of Defense Donald Rumsfeld appoints U.S. Army Major General Geoffrey Miller, as Base Commander of the Guantanamo Naval Base, Cuba (in this position November 2002- September 2003). Miller innovates the use of the Behavioral Science Consultation Team (BSCT) in which both psychologists and psychiatrists participate. Team members are given unauthorized access to detainee medical records. There is no precedent or policy for Miller=s interrogational BSCT. The mission of the Team is to:
Aengineer the camp experiences of >priority= detainees to make interrogation more productive@ (McCoy 2006a, pp. 126-127. Miles 2006, pp. 54 and 150).
6. The book by Claudia Card, The Atrocity Paradigm B A Theory of Evil, is published (See p. 4 of the present document).
2003:
1. On January 28th, in his State of the Union Address to the Joint Session of Congress, President George W. Bush hints at torture and extra-judicial execution:
AThe 3,000 suspected terrorists . . . arrested in many countries. And many others have met a different fate. They are no longer a problem for the United States@ (McCoy 2006a, pp. 125 and 236).
2. In April, in Israel, the Public Committee against Torture in Israel issues its report, ABack to a Routine of Torture B Torture and Ill-treatment of Palestinian Detainees during Arrest, Detention and Interrogation, September 2001-April 2003.@ Although the use of torture declined or stopped in the days immediately after the September 6, 1999, ruling of the High Court of Justice (HCJ), the General Security Services (GSS), with the active complicity of the Court, has resumed systematic torture of Palestinian prisoners:
AThe achievements of the High Court of Justice ruling of 1999, which was to have put an end to large-scale torture and ill-treatment, . . . have worn thin, among other reasons, as a result of the Court=s reluctance to enforce international standards which prohibit torture and ill-treatment under any circumstances . . . The achievements of the HCJ ruling of 1999 have been ground to dust@ (Public Committee against Torture in Israel 2003; quoted in Finkelstein 2005, p. 165; Finkelstein 2005, pp. 154 and 165-166).
3. In mid-August, Military Intelligence Captain William Ponce, sends an e-mail to his colleagues, promising to provide rules of engagement for Aunlawful combatants@ (whom he also calls Aunprivileged belligerents@) B those who do not receive protections from the Geneva Convention. He asks interrogators for input as to which techniques might be effective. Their Ainterrogation techniques >wish list=@ should be submitted by August 17th. The Captain finishes his memo with:
AThe gloves are coming off, gentlemen, regarding these detainees. Colonel Bolz has made it clear that we want these individuals broken@ (Danner 2004, p. 33. McCoy 2006a, pp. 131 and 155. Miles 2006, p. 46).
(2003, continued)
4. In September, United States Secretary of Defense, Donald Rumsfeld, appoints Army Major General Geoffrey Miller as Commander of Abu Ghraib Prison, Iraq (McCoy 2006a, pp. 156 and 185. Miles 2006, p. 150).
5. In October:
a. On October 12th, Lieutenant General Ricardo Sanchez, Military Commander in Iraq, signs a classified memorandum which calls for interrogators at Abu Ghraib to work with military police guards to:
Amanipulate an internee=s emotions and weaknesses [by assuming control over the] lighting, heating . . . food, clothing, and shelter [of those they are questioning]@ (Miles 2006, p. 58. Danner 2004, p. 12).
b. The number of Iraqi prisoners in Abu Ghraib prison is more than 8,000 (Danner 2004, p. 3. McCoy 2006a, p. 132. See the figure of 7,500 for February 2004, given in Miles 2006, p. 49).
c. The total number of Asecurity detainees@ held by the United States in its 17 prisons around Iraq (including Abu Ghraib), reaches 14,000 (McCoy 2006a, p. 132).
2004:
1. In February:
The population of Abu Ghraib prison, which consists of common criminals, suspected insurgents, and intelligence targets, numbers 7,500 (Miles 2006, p. 49. See the figure of 8,000 for October 2003 given by Danner 2004, p. 3, and McCoy 2006a, p. 132).
2. In April:
a. Early during the month, writing in the New York Times Magazine, Harvard law professor Michael Ignatieff, advocates Apermissible duress@ as a justification for torture, arguing, in effect, for legalization of CIA psychological torture (McCoy 2006a, pp. 144, 151 and 177-178).
b. On April 28th:
i. The United States Supreme Court hears oral arguments in the case of Rumsfeld v. Padilla, a case concerning the rights of detainees.
Jose Padilla, a citizen of the United States, was arrested in the Chicago O=Hare International Airport, on May 8, 2002, upon returning from Pakistan. The FBI (a civilian authority) claimed that Padilla was returning to the United States to carry out acts of terrorism B specifically accusing him of plotting to detonate a Adirty nuclear bomb@ in Chicago. On June 9th, Attorney General John Ashcroft declared Padilla an Aenemy combatant@ B a designation which carried the implication of indefinite detention, without access to either an attorney or the courts. Padilla was transferred to a military brig in South Carolina.
(2004, April 28th, continued)
Justice Ruth Bader Ginsburg challenges the claim of the executive that it is exempt from judicial oversight:
ASuppose the executive says, >mild torture, we think, will help get this information?=@
Paul Clement, Deputy Solicitor General insists:
AOur executive would never tolerate torture. In wartime, you have to trust the executive to make the kind of quintessential military judgements that are involved in things like that@ [McCoy 2006a, pp. 144, 147-148 and 240; U.S. Supreme Court Multimedia 2004a, p. 1. Hardy 2006, pp. 2-6. Wikipedia 2006, pp. 1-4. See also 2004 (June 28th), 2005 (November 17th), and 2006 (July 13th) for other major decisions in the Padilla case].
ii. Later that same day, April 28th, on its 60 Minutes II news program, CBS Television broadcasts photos of Iraqi prisoners at Abu Ghraib stripped naked and subjected to humiliation by American soldiers (McCoy 2006a, p. 144).
The U.S. Government refuses to release Abu Ghraib photographs showing degradation of Iraqi women and children. News organizations which have obtained leaked versions, decline to show them. Only elected officials are allowed to see videos of the torture at Abu Ghraib (Miles 2006, pp. 20 and 181).
(2004, continued)
3. In June:
a. During June, Harvard law professor, Alan Dershowitz circulates a petition signed by 481 prominent law and political science professors at 110 top universities nationwide, which:
A[condemns] abuses practiced on detainees under American control . . . [and calls for serious consideration of] a coercive interrogation policy . . . made within the strict confines of a democratic process@ (McCoy 2006a, p. 178).
Dershowitz would remain resolute in his public campaign for court-ordered torture (McCoy 2006a, p. 178).
b. Simultaneously with the circulation of Dershowitz=s petition, another group of Harvard faculty lobby Congress for the enactment of legislation with provisions akin to Dershowitz=s Atorture warrants.@ Awarded funding by the Department of Homeland Security, the Harvard Law School and the Kennedy School of Government jointly draw up a code for coercive interrogation, with rules, oversight, and accountability (McCoy 2006a, pp. 178-179. Miles 2006, p. 164).
c. In a June 12th press release, the World Medical Association re-states the ethical obligation of physicians to report acts of torture. Addressing the English Speaking Union, Canterbury, England, the President of the Association, James Appleyard, reiterates that the non-denunciation of acts of torture might be considered a form of tolerance and non-assistance to the victims. He continues:
ADoctors cannot turn a blind eye to what is going on. Torturers rely on the cloak of secrecy. The ability to expose acts of torture is crucial to its prevention@ [Appleyard 2004; quoted in World Medical Association 2004a, p. 1. Medical News Today 2004, pp. 1-2. Miles 2006, pp. 133 and 214. See 1948, 1956, 1975, and 2004 (October 9th) for other official statements by the Association].
(2004, June, continued)
d. On June 27th, writing in the New York Times Magazine, two months after the Abu Ghraib expose, Harvard law professor Michael Ignatieff reverses his position on the acceptability of torture (McCoy 2006a, p. 178).
In the same New York Times Magazine article, Ignatieff reports the results of the ABC News/Washington Post poll to the effect that 35 percent of Americans feel that torture is acceptable in some circumstances (McCoy 2006a, pp. 178, 240 and 243).
e. On June 28th:
i. The United States Supreme Court, does not reach a decision on the merits of the case in Rumsfeld v. Padilla. Instead, in a 5-to-4 opinion written by Chief Justice William Rehnquist, it finds that the case has been improperly filed (filed in New York instead of North Carolina) [See also 2004 (April 28th), 2005 (November 17th), and 2006 (July 13th) for other major decisions in the Padilla case].
ii. In a landmark decision, the United States Supreme Court, in the case of Hamdi v. Rumsfeld (2004), affirms the right of Aenemy combatants@ held at Guantanamo to due process under the law B thereby rejecting the position of the White House that, in the war on terror, it has the power to detain all prisoners, citizen or alien, indefinitely, without constraint on its power. The decision clarifies the Rumsfeld v. Padilla case which, that same day, was not decided on its merits, and it foreshadows the June 29, 2006, decision in the case of Hamdan v. Rumsfeld.
In the fall of 2001, Yaser Hamdi, a Saudi-American citizen, was arrested in Afghanistan by the United States military which accused him of fighting for the Taliban against the United States. He was declared an Aenemy combatant,@ and transferred to a military prison in Virginia.
(2004, June 28th, continued)
The plurality of the Court rejects the argument of the Government that the separation of powers prevents the judiciary from hearing Hamdi=s challenge. Writing for the majority, Justice Sandra Day O=Connor (soon to retire), writes:
AWar
is not a blank check when it comes to the rights of the Nations= citizens . . . Indefinite detention
for the purpose of interrogation is not authorized.@
Referring to the Guantanamo prison camp, O=Connor continues:
AAn unchecked system of detention carries the potential to become a means for oppression and abuse of others@ (McCoy 2006a, pp. 147-148 and 171; U.S. Supreme Court Multimedia 2004b, pp. 1-2. There are no other major decisions in the Hamdi case cited in the present document).
f. The British newspaper The Observer, estimates that 3,000 terrorist suspects are being held both in CIA centers and in allied prisons throughout the Middle East. Cofer Black, counter-terrorism chief at the CIA, confirms the figure (McCoy 2006a, p. 117).
g. The International Red Cross completes its investigation of military interrogation at the Guantanamo U.S. Naval Base (McCoy 2006a, p. 156).
(2004, continued)
4. In August, United States Army Major General George Fay and General Anthony Jones release their report (the Fay-Jones Report), their final one on their investigation at Abu Ghraib. This report and the International Red Cross report of June 2004, show that what once were covert CIA procedures, have now become standard doctrine in U.S. detention centers worldwide (McCoy 2006a, pp. 154-156. Danner 2004, reproduction of the report, pp. 403-579. Miles 2006, p. 163).
5. During this same period, under direct orders from U. S President George W. Bush, the CIA engages in the Aextra-ordinary rendition@ of some 150 al Qaeda suspects, sending them to nations whose secret police, according to the State Department, are synonymous with torture B Egypt, Jordan, Morocco, Pakistan, Saudi Arabia, Syria, and/or Uzbekistan (McCoy 2006a, pp. 117 and 189. Miles 2006, pp. ix, xii, 61 and 163).
6. On September 9th, General Paul Kern, Commanding General of the U.S. Army Materiel Command, the senior officer overseeing the Army inquiry into the issue of Aghost detainees,@ testifying in front the Senate Armed Services Committee, estimates that the number of such detainees being held in detention facilities which are off official rosters, in Iraq and in other countries, Ais in the dozens, perhaps up to 100@ (New York Times 2004, p. 2. Washingtonpost.com, 2005, p. 3. GlobalSecurity.org 2004, p. 1. Khan 2005, p. 4. McCoy 2006a, p. 117).
Note: The number of 36 Aghost detainees@ held by the CIA in prisons around the globe which Professor Alfred McCoy quotes in his book, on p. 117, seems to be an underestimate, unless it includes only cases which are reliably documented. The figure of 36 is also quoted in a list of the estimated number of prisoners in various categories as of March 2005 (See March 2005 of the present document).
(2004, continued)
7. In October:
a. In an October 9th press release, the World Medical Association emphasizes that physicians have the same professional duty to refrain from complicity in torture during war as they have during peace or civil unrest:
A[It is] the medical duty of all physicians to treat people with humanity and respect in times of armed conflict . . . Medical ethics in times of armed conflict are identical to medical ethics in times of peace . . . It is unethical for physicians to give advice or perform procedures that are not justifiable for the patient=s health care, or that weaken the physical or mental strength of a human being, without therapeutic justification@ [World Medical Association 2004b, p. 1. Miles pp. 133 and 214. See 1948, 1956, 1975, and 2004 (June 12th) for other official statements by the Association].
b. The presidential campaign is silent about Abu Ghraib. The Democratic candidate (John Kerry), the media, and the American public ignore the torture scandal (McCoy 2006a, pp. 160-161).
8.
In November:
a. On November 2rd, The Washington Post reports that National Security Advisor Stephen Hadley refused to deny the accusation that the U.S. runs a network of secret and unaccountable prisons in foreign countries B prisons where it hides and interrogates terror suspects. This global network of Ablack sites@ is administered with the cooperation of countries such as Afghanistan, Egypt, Jordan, Morocco, and at least one Eastern European nation (Washingtonpost.com 2005, pp. 1-7. TimesonLine 2005, p. 1)
b. On November 9th, General Bantz (John) Craddock takes over as Commander of the United States Army Southern Command (On July 14, 2006, General Craddock would be nominated by President Bush to the higher post of Commander of Operations for the North Atlantic Treaty Organization (NATO) (Associated Press 2006, p. 1. Internet, U.S. Army Southern Command.).
2005:
1. In February:
a. On February 4th, the United States Senate confirms White House Legal Counsel Alberto Gonzales as Attorney General. The vote is 60 to 36 on party-lines (McCoy 2006a, pp. 166 and 242. Miles 2006, p. 146).
b. On February 19th, John Yoo, retired from the Department of Justice, and now back to his functions as law professor at the University of California, Berkeley, argues that the re-election of President George W. Bush has ended the discussion about torture: AThe debate is over. The issue is dying out. The public has had its referendum@ (McCoy 2006a, p. 161).
1. In March, the combined estimates by the New York Times, journalist Leon Worden, Brigadier General Janis Karpinski, and University of Minnesota Professor Steven Miles, give the following figures for torture inflicted by the United States:
* Some 14,000 Iraqi Asecurity detainees@ have been subjected to harsh interrogation, often with torture.
* 1,100 Ahigh-value@ prisoners have been interrogated with systematic torture, at Guantanamo Bay, Cuba, and Bagram, Afghanistan.
* There have been 150 Aextra-ordinary, extra-legal renditions@ of terrorist suspects to nations notorious for brutality.
* 68 prisoners have died under suspicious circumstances.
* Some 36 of the most highly valued al Qaeda prisoners have been held for years of sustained CIA torture (On September 9, 2004, General Paul Kern estimated such Aghost detainees@ as Aup to 100@).
* 26 prisoners have been murdered under questioning, including at least four by the CIA (McCoy 2006a, pp. 124-125 and 236).
* 19 prisoners are known to have died of beatings, asphyxiation, or from suspension by American soldiers or intelligence officials (Miles 2006, pp. 71, 153 and 194).
Medical professionals are cooperating in all phases of coercive interrogation, at Guantanamo, in Afghanistan, and in Iraq (Miles 2006, p. 66).
(2005, continued)
3. In June:
On June 5th, the American Psychological Association (APA) (president, Ronald Levant) adopts the update of Aethical principles,@ recommended in the Report of the APA Presidential Task Force on Psychological Ethics and National Security (PENS), June 5, 2005. The Report reflects the long involvement of the Association in military research and ICA behavioral experiments.
The Report:
i. Assumes as evident its members= participation in national security endeavors:
AThe Task Force examine[s] whether our current Ethics Code adequately addresses [the ethical dimensions of psychologists= involvement in national security-related activities]@ (American Psychological Association 2005, p. 3. McCoy 2006, p. 183 and 244. See 1985 for a previous official statement by the Association).
ii. When participating in military interrogations, members should be mindful of factors unique to this role:
AIt is consistent with the APA Ethics Code for psychologists to serve in consultative roles to interrogation and information-gathering processes for national security-related purposes . . . Engaging in such consultative and advisory roles entails a delicate balance of ethical considerations@ (American Psychological Association 2005, p. 4. McCoy 2006a, pp. 183 and 244).
(2005, June 5th, continued)
APsychologists [should be] aware of their professional and scientific responsibilities to society. Psychologists have a valuable and ethical role to assist in protecting our nation, other nations, and innocent civilians from harm, which will at times entail gathering information that can be used in our nation=s and other nations= defense@ (American Psychological Association 2005, p. 5).
APsychologists may serve in various national security-related roles, such as consultant to an interrogation, in a manner that is consistent with the Ethics Code, and when doing so, psychologists [must be] mindful of factors unique to these roles and contexts that require special ethical consideration@ (American Psychological Association 2005, p. 12).
iii. Endorses the position that psychologists working with interrogators can use information from medical records to help ensure that the interrogation remain safe. In this respect, the Report endorses the position of the Department of Defense, and diverges from international codes of medical ethics:
AWhile information from a medical record may be helpful or necessary to ensure that an interrogation process remains safe, psychologists [should] not use such information to the detriment an individual=s safety and well-being@ (American Psychological Association 2005, p. 9. Miles 2006, pp. 130 and 213).
(2005, June 5th, continued)
iv. Recommends that psychologists follow U.S. laws B not that they be bound by Ainternational standards of human rights@:
APsychologists [must] not engage in behaviors that violate the laws of the United States. Psychologists involved in national security-related activities [must] follow all applicable rules and regulations that govern their roles. Over the course of the recent United States military presence in locations such as Afghanistan, Iraq, and Cuba, such rules and regulations have been significantly developed and refined@ (American Psychological Association 2005, p. 10. McCoy 2006a, pp. 183 and 244).
v. Leaves open the possibility that a psychologist might conceal his or her professional identity or his or her relationship with interrogators from a prisoner. This is an apparent violation of the Association=s own code of ethics:
AFull disclosure of the nature and purpose of a psychologist=s work is not ethically required or appropriate in every circumstance . . . Psychologists may ethically dissemble their activities from individuals whom they engage directly@ (American Psychological Association 2005, p. 17. Miles 2006, pp. 130 and 213).
(2005, June 5th, continued)
vi. Recommends research to enhance the efficacy of psychological science to national security, including the effectiveness of information-gathering techniques:
APsychologists should encourage and engage in further research to evaluate and enhance the efficacy and effectiveness of the application of psychological science to issues, concerns and operations relevant to national security. One focus [should be] to examine the efficacy and effectiveness of information-gathering techniques@ (American Psychological Association 2005, p. 16. McCoy 2006a, pp. 183-244).
vii. Omits any mention of psychologists= obligations to detainees (McCoy 2006a, pp. 183 and 244).
(2005, June, continued)
b. On June 27th, the American Psychiatric Association issues its Statement on Psychiatric Practices at Guantanamo Bay. It opines tepidly that it is:
Atroubled by recent reports regarding alleged violations of professional medical ethics by psychiatrists at Guantanamo Bay.@
It does not call for an investigation, does not define ethics rules for psychiatrists asked to participate in interrogation, nor does it even mention either Afghanistan or Iraq [Miles 2006, p. 129. See 1985 and 2006 (May 22nd) for other official statements by the Association].
a. Despite the Abu Ghraib photographs released a year earlier (April 28, 2004), the large hunger strikes at Guantanamo Bay, the attempt by Senator John McCain (R-Arizona) to attach a ban on government torture to a defense appropriation bill, and the statements by both the American Psychological Association and the American Psychiatric Association, the American Medical Association does not issue a statement (Miles 2006, p. 129).
Specifically, the American Medical Association does not call for an independent investigation of the prison medical system. It does not exercise an option in its own rules that would enable it to convene a special investigative jury to evaluate either the phenomenon as a whole or specific physicians who may have acted unprofessionally (Miles 2006, p. 133).
(2005, continued)
4. On October 19th, the Pentagon hosts a one-day tour of the Guantanamo Bay prison, for ethicists, and representatives of the American Medical Association, the American Psychiatric Association, and the American Psychological Association. The guests do not meet with the prisoners, and the medical personnel at the prison are not made available for interviews (Refuseandresist.org 2005, pp. 1-7).
Speaking after the trip, Dr. Steven Sharfstein, President of the American Psychiatric Association, succinctly rejects the view of the American Psychological Association:
AOur position is very direct. Psychiatrists should not participate in these biscuit [BSCT B Behavioral Science Consultation] teams because it is inappropriate@ (Sharfstein 2005; quoted in Miles 2006, p. 132; quoted also in Refuseandresist.org 2005, p. 3).
5. In November:
a. On November 17th, the U.S. District Court for the Southern District of Florida, in Miami, Judge Marcia Cooke presiding, in the case of Rumsfeld v. Padilla, levels charges against Padilla. This is after three and a half years of imprisonment without charge (since May 8, 2002), three of these years spent in solitary confinement in a military brig in South Carolina. The charges are conspiracy to murder U.S. nationals, conspiracy to provide material support to terrorists, and providing material support to terrorists. None of these charges includes the one for which he was arrested B plotting to explode a radioactive bomb in Chicago. The timing of this indictment on civilian charges raises the suspicion that the Government is trying to avoid an impending Supreme Court hearing on the rights of Aenemy combatants.@ On January 3, 2006, Padilla is moved from military to civilian custody (a federal prison in Miami) [Jurist 2005, p. 1. Hardy 2006, pp. 1-7. Democracy Now! 2006a. Wikipedia 2006, pp. 1-4. See also 2004 (April 28th and June 28th), and 2006 (July 13th) for other major decisions in the Padilla case].
(2005, November, continued)
b. At the request of Asenior officials,@ the Washington Post abstains from publishing the names of the Eastern European countries involved in the covert CIA system of secret prisons (Ablack sites@) around the globe (Washingtonpost.com 2005, p. 2).
c. In the Weekly Standard, Charles Krauthammer, psychiatrist, political commentator, and member of the Presidential Council on Bioethics, describes the Aticking time bomb@ scenario:
AIf you have the slightest belief that hanging this man by his thumbs will get you the information to save a million people, [not] only is it permissible to hang this miscreant by his thumbs, it is a moral duty . . . And even if the example I gave were entirely hypothetical, the conclusion [that] in this case even torture is permissible . . . establishes the principle. [To] paraphrase George Bernard Shaw [1856-1950], all that=s left to haggle about is the price@ (Miles 2006, p. 12).
6. In December, the American Psychiatric Association Assembly votes to recommend the adoption of a strict code against the participation of psychiatrists in coercive interrogations. The Association would thereby strengthen its position, and differentiate it from that of the American Psychological Association which does not forbids such participation (Refuseandresist 2005, pp. 2 and 6).
2006:
1. On February 16th, during an interview with Amy Goodman on Democracy Now!, Alfred McCoy, Professor of History at the University of Wisconsin, Madison, describes the updated CIA paradigm practiced under Major General Geoffrey Miller at Guantanamo Bay, Cuba:
AUnder
Major General Geoffrey Miller at Guantanamo, they perfected the CIA torture
paradigm, [going] beyond the universal sensory receptors of the original
research [and adding] to it an attack on cultural sensitivity, particularly
Arab male sensitivity to issues of gender and sexual identity.@
AThen,
they went further still. Under General
Miller, they created . . . >Biscuit= teams, behavioral science consultation
teams (BSCT). They actually had
qualified military psychologists participating in the on-going
interrogation. These psychologists would
identify individual phobias, like fear of dark or attachment to mother.@
ABy 2003, under General Miller, Guantanamo had a four-fold total assault on the human psyche B sensory receptors, self-inflicted pain, cultural sensitivity, and individual fears and phobias@ (McCoy 2006a, pp. 126-127. McCoy 2006b).
(2006, continued)
2. In a May 22nd press release, the American Psychiatric Association (president, Steven Sharfstein) issues its position statement prohibiting the participation of psychiatrists in interrogations:
AThe American Psychiatric Association reiterates its position that psychiatrists should not participate in, or otherwise assist or facilitate, the commission of torture of any person. Psychiatrists who become aware that torture has occurred, is occurring, or has been planned, must report it promptly to a person or persons in a position to take corrective action.@
AEvery person in military or civilian detention, whether in the United States or elsewhere, is entitled to appropriate medical care under domestic and international humanitarian law.@
ANo psychiatrist should participate directly in the interrogation of a person held in custody by military or civilian investigative or law enforcement authorities, whether in the United States or elsewhere. Direct participation includes being present in the interrogation room, asking or suggesting questions, or advising authorities on the use of specific techniques of interrogation with particular detainees@ [American Psychiatric Association 2006, pp. 1-2. See 1985 and 2005 (June 27th) for previous official statements by the Association].
Immediately following the release, Association President Stephen Sharfstein, states that the psychiatrists= position statement is Anot an ethical rule@ and that a military psychiatrist following orders Awould not get in trouble with the Association@ (Behnke 2006, p. 4).
(2006, continued)
3. In June:
a. In a June 12th press release, Dr. Priscilla Ray, Chair of the Council on Ethical and Judicial Affairs, American Medical Association, outlines the new ethical policy of the Association:
AThe American Medical Association has adopted ethical guidelines that limit physician participation in interrogation. The new AMA policy clearly states that physicians who engage in any activity that relies on their medical knowledge and skills, must continue to uphold medical ethics.@
APhysicians must not conduct, directly participate in, or monitor an interrogation with an intent to intervene, because this undermines the physician=s role as healer. Because it is justifiable for physicians to serve in roles that serve the public interest, the AMA policy permits physicians to develop general interrogation strategies that are not coercive, but are humane and respect the rights of individuals.@
AThe AMA policy permits physicians to develop general interrogation strategies that are not coercive, but are humane and respect the rights of individuals@ (American Medical Association 2006, p. 1).
APhysicians may participate in developing effective interrogation strategies for general training purposes. These strategies must not threaten or cause physical injury or mental suffering, and must be humane and respect the rights of individuals@ (Psychiatric News 2006, p. 2. To date, this is the only official statement by the Association with regards to its policy on interrogation).
Ray clarifies that such a Astrategy,@ could be, for example, Arapport building@ between interrogator and detainee. Upon questioning, she denies that this language lends itself to the interpretation that physicians could participate in developing rapport building or other strategies for specific individual detainees B something which the American Psychiatric Association clearly prohibits (Psychiatric News 2006, p. 2).
(2006, June 12th, continued)
The emphasis given by the American Medical Association to members= ethical obligation to society, is exemplified by its definition of interrogation:
A[Interrogation is questioning related] to military and national security intelligence gathering, designed to prevent harm or danger to individuals, the public, or national security@ (Behnke 2006, p. 2).
The guidelines are endorsed by the American Psychiatric Association, the American Academy of Psychiatry and the Law, and the American Academy of Child and Adolescent Psychiatry (American Medical Association 2006, p. 1. Psychiatric News 2006, pp. 1-2).
(2006. June, continued)
b. On June 16th, during a debate broadcast by Democracy Now!, Dr. Steven Reisner, psychoanalyst, faculty member at the New York University School of Medicine, participant in the International Trauma Studies Program at Columbia University, and member of the American Psychological Association, contrasts the position of the American Psychological Association with that of the American Medical Association. The word Anon-coercive@ is used by the latter but not in the former (Reisner 2006).
The American Psychological Association (June 5, 2005) states simply:
APsychologists [should be] aware of their professional and scientific responsibilities to society. Psychologists have a valuable and ethical role to assist in protecting our nation, other nations, and innocent civilians from harm, which will at times entail gathering information that can be used in our nation=s and other nations= defense@ (American Psychological Association 2005, p. 5).
During the debate, this position is corroborated by Dr. Gerald Koocher, Dean of the School for Health Studies at Simmons College, Boston, MA, and President of the Association:
AWe don=t, as a professional association, tell our members that they can=t work for a given employer. Obviously, there are some people who don=t think that psychologists should assist in the military at all. That=s a political preference and a social statement, but there are many very beneficial things that psychologists have done in the military@ (Koocher 2006).
The American Medical Association (June 12, 2006) permits participation in non-coercive situations:
AThe AMA policy permits physicians to develop general interrogation strategies that are not coercive, but are humane and respect the rights of individuals@ (American Medical Association 2006, p. 1. Reisner 2006).
(2006, June 16th, continued)
The American Psychiatric Association (May 22, 2006) states categorically:
ANo psychiatrist should participate directly in the interrogation of a person held in custody by military or civilian investigative or law enforcement authorities, whether in the United States or elsewhere@ (American Psychiatric Association 2006, p. 2).
c. On June 29th, the United States Supreme Court rules in the case of Hamdan v. Rumsfeld (2006).
Salim Hamdan, a Yemen citizen, thought to have been a driver and bodyguard of Osama bin Laden, was captured in Afghanistan in 2001 and jailed at the Guantanamo Bay prison camp. After holding him for a year without charges, the Bush administration announced that he would be tried before a secret military commission, at some unspecified time, on unspecified crimes of Aconspiracy.@ In this military tribunal, Hamdan would not be present, nor would he be apprized of either accusations or evidence against him. Hearsay would be admissible.
According to the June 15, 2005, testimony of his Navy defense attorney, Lieutenant Commander Charles Swift, before the Senate Judiciary Committee, Hamdan was held in solitary confinement in a windowless room for 45 days, and was showing signs of Aextreme mental stress.@
(2006, June 29th, continued)
The ruling of the Supreme Court rejects major positions of the Bush Administration, specifically:
Its insistence that the October 2001 congressional authorization to use military force gives him authority, as commander-in-chief, to assume extra-ordinary power, and entitles him, therefore, to try prisoners in miliary tribunals.
Its novel category of Aenemy combatant,@ in which Hamdan is classified.
Its over-ride of the uniform code of military justice (UCMJ) and the Geneva conventions.
Its policy of torture
Writing for the majority, Justice John Paul Stevens, specifies:
AThe Executive is bound to comply with Rule of Law . . . We conclude that the military commission convened to try Hamdan lacks power to proceed because its structure and procedures violate both the Uniform Code of Military Justice (UCMJ) and the Geneva Convention.@
ACommon Article 3 [of the Geneva Convention, the Article which forbids torture] then, is applicable here and requires that Hamdan be tried by a >regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized people=@ (Blumenthal 2006, pp. 1-10. McCoy 2006a, p. 181. There are no other major decisions in the Hamdan case cited in the present document).
(2006, continued)
4. On July 12th, Stephen Bradbury, Acting Assistant Attorney General, Department of Justice, in his testimony before the Senate Judiciary Committee, declares:
AThe Court did not decide that the Geneva conventions as a whole apply to our conflict with al-Qaeda, or that members of al-Qaeda are entitled to the privileges of prisoner of war status@ (Bradbury 2006, July 12; quoted in Free Speech Radio News 2006, July 12).
5. On July 13th, the U.S. District Court for the Southern District of Florida, in Miami, Judge Marcia Cooke presiding, rules that in the case of Rumsfeld v. Padilla, Padilla will be allowed to view classified documents and videotapes which summarize his statements while in custody [Democracy Now! 2006a. See also 2004 (April 28th and June 28th), and 2005 (November 17th) for other major decisions in the Padilla case].
6. On July 14th, General Bantz (John) Craddock, Commander of the United States Southern Command, is nominated by President George W. Bush for promotion to the post of Commander of Operations for the North Atlantic Treaty Organization (NATO). The nomination will probably be confirmed by the U.S. Senate in November or December. In this post, General Craddock would also be Commander of the United States European Command, which has responsibility for all U.S. military operations in Europe, Israel, and most of Africa (Associated Press 2006, p. 1. Democracy Now! 2006b).
(2006, continued)
7. Dr. Stephen Behnke, Director of Ethics at the American Psychiatric Association, writing in the Monitor on Psychology, analyses the positions of the three large medical organizations:
The American Psychological Association: Report of the APA Task Force on Psychological Ethics and National Security (PENS), June 5, 2005.
The American Psychiatric Association: Position Statement on Psychiatric Participation in Interrogation of Detainees, May 22, 2006.
The American Medical Association: Council on Ethical and Judicial Affairs, Report on Physician Participation in Interrogation, June 12, 2006.
Behnke finds that the positions of the Psychological and Medical Associatons are similar B both associations conceptualizing the ethical responsibilities of professionals as being to third parties and the public, as well as to the individual under questioning. In contrast, the Psychiatric Association conceptualizes the ethical responsibility of professionals only to the individuals they engage (Behnke 2006, p. 2).
(2006, continued)
8. In his 2006 book, Oath betrayed B Torture, Medical Complicity and the War on Terror, University of Minnesota Professor Steven Miles, assesses the scope of torture by the United States. Tables 1 and 2 summarize these data (Table 1: ATorture Practices, United States Detention Centers, Afghanistan, Guantanamo Bay and/or Iraq,@ and Table 2, AUnited States Prisons in Afghanistan, Guantanamo Bay and Iraq@ (pp. 1 and 2 of the present document).
Miles then notes the state of the
proscription against torture in the United States:
AWithin the United States, there is little enthusiasm for truth and accountability. The Defense Department has confined reprimands and trials to low-ranking personnel. The Federal Government has rejected calls to empower a special prosecutor or independent investigatory commission. State medical and nursing boards do not impose licencing sanctions for >legal= military activities. U.S. medical societies, for example the American Medical Association, have no leverage other than moral suasion over members@ (Miles 2006, p. 156. Emphasis mine).
Dr. Stephen Behnke, agrees:
AIn
terms of enforcement actions, [the three organizations, the American Medical
Association, the American Psychiatric Association and the American
Psychological Association, concur].@
AMilitary psychologist, psychiatrists and physicians, following orders, abiding by clear prohibitions against coercive interrogations, acting strictly as consultants to interrogations and not as caregivers, and reporting coercive or abusive acts to the appropriate authorities, will not be subject to discipline from their [respective] professional association@ (Behnke 2006, p. 3).
The Conclusion of Professor Steven Miles
Mere endorsement of anti-torture guidelines by domestic medical societies is not enough. The failure of U.S. medical societies to press collectively and forcefully for release of the classified appendices of the investigations of the medical services, and for an independent, empowered, and transparent investigation of medical complicity in prisoner neglect and abuse, may have been decisive in allowing the government to deflect similar appeals by smaller human rights organizations (Miles 2006, p. 139).
Stephen Miles asks:
AWhy was torture reborn after being rejected as barbaric and ineffective two centuries ago?@ (Miles 2006, p. 161).
Miles speculates;
ATorture arises in societies blighted by the politics of extreme dehumanization@ (Miles 2006, p. 163).
MY CONCLUSIONS
The extreme dehumanization in Western culture goes further than the designation of its present enemy as an AOrientalist@ one B mysterious, powerful, unpredictable, made up of Afailed states@ combatants who are Aillegal,@ and hence not entitled to the norms of international law, but are, rather, worthy only of being Adetained,@ tortured, and tried in Kafkaesque tribunals [Miles 2006, p. 163; Orientalist refers to Said (1935-2003), 1978]; Kafkaesque refers to Kafka [(1883-1924), 1925/1998].
It is the dehumanization of our own society which makes us torture others.
This dehumanization of our own society started around 1775-1825 when the four domains of knowledge (the AI@ of Art and Aesthetics, the AWe@ of Culture and Morals, and the AIt@ and AIts@ of Monological Science) which were fully differentiated for the first time during the Enlightenment, began to dissociate. Instead of integrating them and thus forging for ourselves a level of consciousness higher than the ego level, we allowed them to fall apart, permitting each domain to develop in isolation, without fruitful interchange with the others.
Explosively successful monological science soon dominated the other domains. Technology was used indiscriminately, for both destruction and construction. There was little attention paid to its effects on the users of this technology themselves. The interior domains B in particular, the Great Chain of Being (matter, body, mind, soul and spirit) B were negated. Psychology became behaviorism. Like legendary 7th century B.C.E. King Midas, all we touched turned into gold. But King Midas begged to be relieved of his supernatural power when his little daughter turned into a statue of gold B a commodity (Smith pp. 69, 74-78, and 87-88; summarized in Hall 2004b, p. 6).
Many have decried the scientific materialism to which this pathological dissociation gave rise:
* AThe nightmare of scientific materialism in which reality is Aa dull affair, soundless, scentless, colorless; merely the hurrying of material, endlessly, meaninglessly (Alfred North Whitehead, 1861-1947).
* AThe disenchantment of the world@ (Max Weber, 1864-1920).
* AThe disqualified universe@ (Lewis Mumford, 1895-1990).
* AThe nightmare of one-dimensional man@ (Herbert Marcuse, 1898-1979).
* A[Seeing humans] as objects of information, never subjects in communication@ (Michel Foucault, 1926-1984).
* AThe colonization of art and morals by science@ (Jurgen Habermas,
1929-) (Wilber 2000, pp. 59, 61, 64 and 70-71; summarized in Hall 2006a, p. 6).
Four great movements have arisen in revolt against the negation of the two interior domains (the AI@ and the AWe@) by Modernity. None, however, has succeeded in integrating these interior domains with the over-expansive exterior domains B the AIt@ and the AIts.@
These movements are:
Romanticism: Romanticism often makes a blanket call for a return to the de-differentiation of the domains, without explanation as to why evolution would do something that it has never done in any other living system B make a U-turn in the middle of its development.
Representatives of this viewpoint include Jean-Jacques Rousseau (1712-1778), Friedrich von Schiller (1759-1805), William Wordsworth (1770-1850), August von Schlegel (1767-1845) and his brother, Friedrich von Schlegel (1772-1829), Friedrich von Hardenberg (pseud. Novalis, 1772-1801), Samuel Coleridge (1772-1834), John Keats (1795-1821), and Walt Whitman (1819-1892) (Wilber 1998, pp. 46, 97 and 141; summarized in Hall 2006c, p. 10).
Idealism: Idealism possesses no yoga, no tried and tested practice, no set of reproducible injunctions which would allow the reliable and predictable confirmation of the trans-personal and super-conscious insights which form the core of its vision. It has not applied the scientific method to the domain of the interior individual.
Representatives of this viewpoint include Johann Fichte (1762-1814), Friedrich Schelling (1775-1854), Georg Hegel (1770-1831), Charles Darwin (1809-1882, Herbert Spencer (1820-1903), Pierre Theilhard de Chardin (1881-1955), and Aurobindo Ghose (1872-1950) (Wilber 1998, pp. 111-113; summarized in Hall 2006c, pp. 6 and 11-12).
Post-modern, post-structuralism (extreme post-modernism): This movement, even though initially relying on integral-aperspectival awareness (vision-logic), and hence integrating the four domains of knowledge, nevertheless is now unable to escape the reduction of reality to surfaces (AIts@) only. Post-modernists view reality as consisting of sliding chains of signifiers (material marks), and holistic chains of interwoven AIts.@ Most go to extraordinary lengths to deny any depth in general. They thereby deny the possibility of making consequential distinctions between values B aesthetic and moral B and then being able to rank these values meaningfully. There is no within. The universe is again dis-qualified.
Representatives of this viewpoint include Friedrich Nietzsche (1844-1900), Martin Heidegger (1889-1976), George Bataille (1897-1962), Jacques Lacan (1901-1981), Jean-Francois Lyotard (1924-1998), Gilles Deleuze (1925-1995), Michel Foucault (1926-1984), and Jacques Derrida (1930-) (Wilber 1998, pp. 134-135; summarized in Hall 2006c, p. 16).
Integral-aperspectivalism: This movement also initially integrated the four domains of knowledge, only to be crushed at its birth by the arrogant and powerful systems sciences which deny any substantial reality on their own terms to the interior domains. The aperspectival, vision-logic approach of systems sciences is Aholistic@ and Anetwork-oriented,@ but it does not take into account the interpretive, interior domains. It collapses them, confining itself to studying merely surfaces, exteriors.
The originator of this movement is
Jean
Gebser (1905-1973). Ken
Wilber
(1949-) is his successor (Wilber 1998, p. 133; summarized in Hall 2006c, p. 17).
A culture which denies its own interior domains, will not see these domains in others. Increasingly, in the West, people are seen as robots, machines, commodities, consumers, producers, workers:
1. AEither you are for us or you are with the terrorists!@ Read: Either you have the same opinions as we do, that is, you are a thing, an object, a piece in our puzzle, or you are an obstacle to our wishes, you are in our way and we will eliminate you (Bush 2001, p. 6).
2. People=s Aworth@ is measured in terms of money.
3. The level of Adevelopment@ of a country is measured in terms of the length of time people live, whether they can read, whether they have gone to school, and how much they produce B no interior domains here! . . . (Waring 1998/1999, pp. 1, 3, 8, 23-24, 58, 67, 70-71, 81, 86 and 125; summarized in Hall 2003, pp. 1-7; summarized also in Hall 2005b, pp. 53-55; summarized also in Hall 2006d, pp. 39-40. United Nations Human Development Programme 2001; summarized in Hall 2004c, pp. 1-15).
4. The weak, poor and helpless are often Adisposable@ B as we are seeing in the aftermath of Hurricane Katrina.
This is the root cause of the United States= torture scandal at the beginning of the 21st century.
Most of the adult population in the world is at the ego level of consciousness or lower. The world view of these levels is a Aself-in-here@ against a Aworld-out-there.@ The self (or the self=s family, clan, tribe or nation) must defend itself against others who are outside its circle of reference. The fact that other societies, such as Afghanistan, Egypt, Jordan, Morocco, Pakistan, Saudi Arabia, Syria or Uzbekistan, torture, is not surprising (McCoy 2006a, p. 189. Miles 2006, pp. 12 and 61. Wilber 2001; summarized in Hall 2006b).
What is surprising is that Western culture was at the cusp of integrating the four domains of knowledge, but did not succeed. With the Enlightenment, Western culture almost reached a level of consciousness higher than the ego level B the aperspectival (vision-logic) way of thinking, in which the self realizes that it cannot exist without others, and that it is strong enough to accept and integrate differences B diversity. It realizes that it can integrate into its own concept of itself, those who were outside its circle of identity. When it does that, then war and torture are obsolete, for if you kill or torture another, you kill or torture part of your self.
The issue of torture, like war, is not resolvable on the ego (rationality, linear logic) level. It is only resolvable by integrating within our concept of ourselves, more of the Kosmos, more of the universe, more others B all others, all life, all of the Kosmos.
The disappearance of torture awaits the growth of our own sense of self to include all other humans on the planet.
Table 3 suggests the confluence of forces leading to acts of torture.
Table 3: The torturer as a Holon (a) (b)
|
Intentional (Subjective) AI@ |
Cultural (Inter-subjective) AWe@ |
Behavioral (Objective) AIt@ |
Social (Inter-objective) AIts@ |
|
Validity Claim:(c) Truthfulness, Sincerity Integrity Trustworthiness |
Validity Claim: (c) Cultural Fit, Mutual Understanding Justness Rightness |
Validity Claim: (c) Objective Truth Correspondence Representation Propositional (d) |
Validity Claim: (c) Functional Fit Systems Theory Web Structural- functionalism Social Systems Mesh |
|
Methodology: Dialogical Interpretive Hermeneutic Study of |
Consciousness |
Methodology: Monological Empirical Positivistic Study of |
Material Forms |
|
Childhood B traumas, abuse, unresolved conflicts, anger. Level of consciousness B typhonic, mythic-membership, low egoic, high egoic. Developmental lines B morals, affects, self-identity, sexuality, cognition, space, time, fear of death etc . . . Genealogy of values (torturer=s own view of the development of his/her values over time). |
Shared cultural world view B values, ethics, beliefs, customs. Sense of agency B relative autonomy, adaptation, inter-dependency, communion. Ability for self-transcendence B growth, integration of new perceptions, tendency to regress. Ability of society to meet torturer=s needs and encourage growth to higher levels of consciousness. Attitudes toward torture B role models, superiors, peers. |
Health, nutritional status, physical fitness. Neurophysiology B brain wave patterns, neuro-transmitters while torturing and during other activities. Number of attachments (parents, siblings, spouse(s), children, friends). History of infliction of pain to humans or animals. |
Available scientific knowledge B sensory deprivation, self-inflicted pain as researched, effective methods of torture. Available facilities B a military base with prisoners who are held in low esteem. Available technology mind-altering drugs, dogs, electrodes, handcuffs, hoods, loudspeakers, control over lighting and space, cameras, medical information from the victim=s contacts with his/her caregiver. |
Notes referring to Table 3:
Wilber 1996, pp. 86-87, 95-96 and 226. Wilber 1995/2000, pp. 9, 12-16 and 247. Wilber 1983/2005, p. 57. These three books summarized in Hall 2005c, see particularly pp. 2-8, 46, 57-58 and 63.
(b) A
holon is a whole which is simultaneously part of another whole. All holons have four domains, the subjective
and the objective, each in both the singular and the plural form.
(c) A
validity claim is a Atype of truth.@
(d) In propositional truth, a statement is said to be true if it matches an objective fact B AIt is raining outside.@ If the map matches the territory, the statement is said to be a true representation, a true correspondence. Thus, AWe make pictures of facts@ (Wilber 1995/2000, p. 13).
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