Posts Tagged Torture

Torture Produces False Information

Torture is immoral and ineffective. Research shows that torture damages the brain, resulting in memory loss, false confessions and misinformation.

Torture is immoral and ineffective. Research shows that torture damages the brain, resulting in memory loss, false confessions and misinformation.

Researchers at Trinity College in Dublin have found that torture and stress techniques used in interrogation compromise brain function and damage the parts of the brain where memory reside. This could result in the tortured person giving false information, confusing reality with fantasy, repeating the torturer’s assertions as fact, or simply saying what he thinks the torturer wants to hear in order to end the torture.

Shane O’Mara of the Trinity College Institute of Neuroscience, published his review in the journal, Trends in Cognitive Science. O’Mara examined the legal memos released by the U.S. government in April detailing U.S. “enhanced” interrogation techniques from 2002 to 2005. O’Mara says of the ten particular torture techniques that he studied, “they seem based on the idea that repeatedly inducing shock, stress, anxiety, disorientation and lack of control is more effective than standard interrogatory techniques in making suspects reveal information.”

Torture Produces Misinformation and False Confessions

However, O’Mara said it’s likely that such techniques will result in false information.

“In sum, coercive interrogations involving extreme stress are unlikely, given our current cognitive neurobiological knowledge, to facilitate the release of veridical information from long-term memory,” he writes. “On the contrary, these techniques cause severe, repeated and prolonged stress, which compromises brain tissue supporting memory and executive function.”

“Waterboarding in particular is an extreme stressor and has the potential to elicit widespread stress-induced changes in the brain.”

Professor O’Mara said contemporary neuroscientific models of human memory showed that the hippocampus and prefrontal cortices of the brain were very important.

The stress hormone, cortisol, binds to receptors in the hippocampus and prefrontal cortex increasing neuronal excitability which compromises the normal functioning of the brain if it is sustained.

And other stress hormones called catecholamines could lead to an increase in blood pressure and heart rate which could cause long-term damage to the brain and body if they were maintained at a high level for a long time.

Other Researchers Agree

The BBC Online reports on this issue:

Dr David Harper, a clinical psychologist from the University of East London, said the study appeared to be consistent with previous research on memory and trauma and with evidence of previous torture survivors and those in the intelligence community critical of psychological torture techniques.

“Believers in coercive interrogation tend to believe that people will ‘tell the truth’ as a result but much evidence suggests that people will, in fact, tell those conducting the torture what they think will make the torture stop.

“This has been noted as a danger by commentators from the Spanish Inquisition, through the Moscow Show Trials of the 1930s to the present day.”

Dr Stuart Turner of the Centre for the Study of Emotion and Law said: “There is now very strong evidence that torture and harsh interrogation techniques may disrupt normal memory processes.

“With this in mind, it is also unreasonable to expect torture survivors to be able to give consistent and complete accounts of their experiences.

“This is highly relevant, for example, to the process of decision making for asylum seekers, arriving in the UK seeking refuge and for whom credibility is often a central issue.

“It appears that O’Mara’s review paper supports the contention that to expect consistent memories in asylum applicants is unreasonable and therefore that inconsistencies should certainly not automatically be interpreted as evidence of fabrication.”

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BBC poll: World against torture, Israel in favor

An Israeli defense forces soldier points his gun at a Palestinian boy. Beatings, torture and illegal killings by the IDF are commonplace.

An Israeli defense forces soldier points his gun at a Palestinian boy. Beatings, torture and illegal killings by the IDF are commonplace.

Poll of 25 countries reveals that the majority of world’s population opposes torturing prisoners suspected of terror involvement. In Israel, over half of Jewish population supports using torture to get information from terrorists, while most Muslims oppose it.

Reprinted from Ynet, Published: 10.19.06

Nearly a third of people worldwide support the use of torture against terror suspects in some circumstances, a BBC survey suggests.

Over 27,000 people in 25 countries, including Israel, were asked if torture was acceptable if it could provide information to save innocent lives. Fifty-nine percent were opposed to torture, 29 percent replied it an acceptable means to combat terrorism.

Respondents were asked which position was closer to their own views:

a) Clear rules against torture should be maintained because any use of torture is immoral and will weaken international human rights standards against torture.

b) Terrorists pose such an extreme threat that governments should now be allowed to use some degree of torture if it may gain information that saves innocent lives.

During a press conference held by the Israeli human rights group B'Tselem, actors demonstrate the Israeli Shin Bet torture method known as "Banana b'kiseh," where a detainee with hands and feet cuffed is painfully stretched, in the shape of a banana, over a chair by his jailer.

During a press conference held by the Israeli human rights group B'Tselem, actors demonstrate the Israeli Shin Bet torture method known as "Banana b'kiseh," where a detainee with hands and feet cuffed is painfully stretched, in the shape of a banana, over a chair by his jailer.

In Israel a majority of Jewish respondents in Israel, 53 percent, agreed that the governments should be allowed to use some degree of torture to obtain information from terror suspects, while 39 percent were completely opposed and wanted clear rules against it. However the Muslim population in Israel polled overwhelmingly against any use of torture.

58 percent against torture in US

And what do countries who have suffered terror attacks think? In the United States 58 percent oppose torture, 36 percent are in favor and 6 percent haven’t made up their minds yet.

In Britain, where a large scale terror plot was recently thwarted, 72 percent are against retrieving information from terror suspects through torture while 24 percent are in favor. Similar figures were apparent in Spain, where 65 percent oppose terror and only 16 percent condone it.

The poll was also conducted in Muslim countries. In Iraq, which suffers daily terror attacks, 42 percent are in favor of torturing terror suspects, 55 percent are against it. In Egypt the figure drops to 25 percent in favor and 62 percent against. The rest are undecided.

In three other countries, besides Israel, less than half the population polled against torturing terror suspects. In China – 49 percent were against and 37 percent were in favor.

In Russia, 43 percent polled against and 37 percent were in favor. In India, which has also suffered from terror attacks the data is intriguing – 23 percent are against torture and 23 percent are in favor of the tactic. The remaining 45 percent have yet to make up their minds.

Editor’s Note: there is no shortage of graphic photos of actual torture committed by Israeli defense forces and secret police, but I chose not to publish them there. I do think that such images should be published, but the reader should be warned first and given the option not to view them.

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Growing up in Guantanamo – Mohammed Jawad is Released

Guantanamo prison must be closed

Guantanamo prison must be closed

Mohammed Jawad was just released from the United States’ Guantanamo prison and sent home to his native Afghanistan. How old is this fearsome terrorist, who has been imprisoned for seven years without charges or trial? Nineteen years old.

That’s right. I’m sure you can do the math. Mohammed Jawad has been illegally imprisoned at Guantanamo since he was twelve years old.

It’s hard to know what to say about this. This is the nation that claims to be a leader of the free world, and whose constitution guarantees a fair and speedy trial to its citizens? Are non-citizens subhuman, then?

Shouldn’t all human beings be accorded certain fundamantal rights, regardless of nationality or religion? Shouldn’t the right against arbitrary imprisonment be one of them? And shouldn’t children be treated with extra care and protected from harm? Aren’t these fundamental principles of human decency?

Mohammed was accused of injuring two US soldiers and their interpreter by throwing a grenade at their vehicle. However, much of the case against him had been ruled inadmissible by a US military judge in 2008.

Mr Jawad’s release was ordered last month by US District Court Judge Ellen Huvelle, who described the US government’s case against him as “an outrage” that was “riddled with holes”.

What Future Awaits Mohammed?

During a time when he should have been in school studying reading and writing, mathematics and science; or playing football, or learning to play an instrument, or learning a trade and helping to support his family; he has instead been imprisoned under cruel and inhumane conditions, held in a cell 22 hours a day, and barred access to his family. Not only has his childhood been stolen, it has been replaced with a nightmare.

Now he has been returned to a nation that is unsafe and politically unstable. What future awaits him? What help will he get for the psychological trauma he has experienced? How will he make up for the time he has lost? Has he been given any compensation? (No). Will he receive any assistance, any professional guidance, or even a simple apology? (No).

Guantanamo prisoners blindfolded, bound and forced to kneel

Guantanamo prisoners blindfolded, bound and forced to kneel

Harsh Conditions and Torture at Guantanamo

And the outrage continues. 254 prisoners, almost all Muslim, continue to be held at Guantanamo prison in cruel and inhumane conditions. In addition to the harsh everyday conditions of their confinement (small cells with no natural light, no educational opportunities, no family contact), many prisoners have been systematically tortured.

An FBI report released in 2007 as part of a lawsuit involving the ACLU revealed that captives at Guantánamo Bay were chained hand and foot in a fetal position to the floor for 18 hours or more, urinating and defecating on themselves.

Besides being shackled to the floor, detainees were subjected to extremes of temperature. One witness said he saw a barefoot detainee shaking with cold because the air conditioning had bought the temperature close to freezing.

On another occasion, the air conditioning was off in an unventilated room, making the temperature over 38C (100F) and a detainee lay almost unconscious on the floor with a pile of hair next to him. He had apparently been pulling out his hair throughout the night.

On another occasion, an agent was asked by a “civilian contractor” to come and see something.

“There was an unknown bearded longhaired d (detainee) gagged w/duct tape that had covered much of his head,” the FBI document said.

When the FBI officer asked if the detainee had spit at interrogators, the “contractor laughingly replied that d had been chanting the Qur’an non-stop. No answer how they planned to remove the duct tape,” the report said.

Omar Khadr, a youth detained at Guantanamo prison
Omar Khadr, a youth detained at Guantanamo prison

Three British Muslim prisoners, known in the media as the “Tipton Three”, who were released in 2004 without charge, alleged ongoing torture, sexual degradation, forced drugging and religious persecution.

Omar Deghayes alleges he was blinded by pepper spray during his detention. Juma Al Dossary claims he was interrogated hundreds of times, beaten, tortured with broken glass, barbed wire, burning cigarettes, and sexual assaults.

There is much more. Defacement and abuse of the Quran has been a frequent tactic. As a result of all this, there have been four suicides and hundreds of suicide attempts by prisoners. Many are reported to be suffering from severe psychological stress to the point of losing their sanity.

In 2008 a video was released of an interrogation between Canadian Security Intelligence Service, and a Central Intelligence Agency (CIA) officer and Omar Khadr, in which Khadr repeatedly cries, saying what sounds to be either “help me”, “kill me” or calling for his mother, in Arabic.

Khadr is another youth held in Guantanamo, a Canadian citizen and formerly an alleged child soldier who at the time of his capture in Afghanistan was blinded in one eye by shrapnel, then shot in the back twice by American soldiers as he kneeled. Charges against him have been dropped three times, and the Canadian government has failed to request his extradition in spite of a ruling by the Federal Court of Canada that the government must do so.

President Obama has pledged to close Guantanamo prison by 2010. We’ll see. So far it does not look promising. Human rights organizations have demanded its closure for years with no result. However, positive changes in the treatment of prisoners have been made in response to media attention and the demands of human rights organizations. Please add your voice to the weight of pressure demanding better treatment of prisoners at Guantanamo.

Please take action on this matter:

Click here to demand that Admiral David M. Thomas improve conditions at Guantanamo.

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We are Barbarians – Part One

As long as torture continues to exist in the world, we are barbarians. As long as torture exists, humanity cannot claim to have achieved any level of civilization. We are no further along than when when we worshipped kings as gods, practiced slavery, burned women for witchery, and died of diseases like tuberculosis and the plague. All that we have accomplished as a species, all the technological innovation and scientific learning, is meaningless as long as human beings continue to suffer in dark and hidden cells, beaten and electrocuted and quietly disappeared, while the rest of us go about our daily lives as if nothing extraordinary has happened.
On December 10, 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Article 5 states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”[6] Since that time a number of other international treaties have been adopted to prevent the use of torture. Two of these are the United Nations Convention Against Torture, adopted on December 10, 1984; and for international conflicts the Geneva Conventions III and IV.
The convention against torture has been ratified by 145 nations. In addition, the domestic laws of most countries outlaw torture.
And yet, Amnesty International estimates that at least 81 world governments currently practice torture, some openly.
The Ineffectiveness of Torture
The Inhumanity of Torture

A fifteenth century tribunal using ropes to elicit a confession in this engraving from a painting by A. Steinheil. This method of torture is still in common use today.

A fifteenth century tribunal using ropes to elicit a confession in this engraving from a painting by A. Steinheil. This method of torture is still in common use today.

We are Barbarians

by Wael Abdelgawad

As long as systematic, government-practiced torture continues to exist in the world, all of us are barbarians. As long as torture exists, humanity cannot claim to have achieved any level of civilization. We are no further along than when when we worshipped kings as gods, believed the earth to be the center of the universe, practiced slavery, burned women for witchery, and died of diseases like leprosy and the plague. Torture is no less backward and primitive – in fact it is worse – than any of those.

We have landed spacecraft on Mars, mapped the human genome, and with medical advances we are on the verge of curing age-old diseases such as cancer, alzheimers and parkinson’s. Hey, in Japan they have heated toilets, so that you don’t have to sit on a cold toilet seat in winter. A four-foot robot named ASIMO climbed the steps and rang the bell at the New York Stock Exchange. On Google Earth you can view satellite images of any city around the world. My palm-sized external hard drive holds hundreds of gigabytes of data, enough to fill a small library. Hooray for progress!

And yet scores of nations around the world commonly torture and murder people for expressing political thought, committing petty crimes, for suspicion or association, or just belonging to the wrong ethnic group.

All that we have accomplished as a species, all the technological innovation and scientific learning, is meaningless as long as human beings continue to suffer in dark and hidden cells, beaten and electrocuted and quietly disappeared, to be dumped in trenches and unmarked graves, while the rest of us go about our daily lives as if nothing extraordinary has happened, not bothering even to speak out, to contact our leaders and legislators, or to write to our media to express our outrage. So-called first-world governments go to war over resources, but consider genocide and torture to be insufficient reasons to bother even with sanctions. Maybe because they too are guilty.

What Progress Have We Made?

For hundreds of years now, human leaders and intellectuals and condemned and spoken against torture.

Johann Graefe in 1624 published Tribunal Reformation, a case against torture. Cesare Beccaria, and Italian lawyer, published in 1764 “An Essay on Crimes and Punishments”, in which he argued that torture unjustly punished the innocent and should be unnecessary in proving guilt. Torture was abolished by Frederick the Great in Prussia in 1740. Italy followed suit in 1786, followed by France in 1789 and Russia in 1801.

On December 10, 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Article 5 states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Since that time a number of other international treaties have been adopted to prevent the use of torture. Two of these are the United Nations Convention Against Torture, adopted on December 10, 1984 and eventually ratified by 145 nations; and for international conflicts the Geneva Conventions III and IV.

In addition, the domestic laws of most countries outlaw torture.

And yet, Amnesty International estimates that scores of governments around the world currently practice torture, some openly.

An article in the Harvard Human Rights Journal points out that (emphasis added by me):

Amnesty International’s Annual Report of 1999 provides the following statistics relating to torture and ill-treatment: in the sub-Saharan African region, some thirty-three countries provide evidence of torture or ill-treatment by state operatives, and twenty countries are implicated in deaths attributable to torture, ill-treatment, or negligence through inhuman and degrading prison conditions. In the Middle East and North Africa, at least eighteen countries reveal evidence of torture or ill-treatment, and at least eight countries show evidence of deaths resulting from torture, ill-treatment, or inhuman and degrading prison conditions. In Europe, there were reports of people tortured or ill-treated by state operatives in some thirty-one countries; death in custody is confirmed or suspected in at least six countries. In the Americas, twenty-one countries practice torture or ill-treatment, and deaths attributable to torture or inhuman and degrading prison conditions occurred in at least six countries. In the Asia-Pacific region, at least twenty-two countries report torture or various forms of ill-treatment by state operatives; deaths from ill-treatment or torture are indicated in at least eleven countries.

Statistics on torture show that during 1998, no less than 125 countries reportedly tortured people. Furthermore, torture or ill-treatment, lack of medical care, and cruel, inhuman, or degrading prison conditions resulted in deaths in fifty-one countries. These statistics are quite shocking considering that torture and ill-treatment are most often committed by governmental officials, who knew or should have known that the law prohibited their acts of torture or ill-treatment. Even more disquieting is the knowledge that the practice of torture is often among the least transparent aspects of governmental policy and practice. Amnesty International’s numbers may simply reflect the tip of the iceberg.

The Evolution of Modern Torture

In 2000, human rights group Amnesty International and African social sciences organization CODESRIA published a handbook for watchdog groups monitoring prisons where torture is suspected. The book lists the most common forms of torture used today (the following summary has been largely reprinted from an article at HowStuffWorks.com):

  1. Beatings. One study (published in the Danish Medical Bulletin in 2006) of 69 refugees found that 97 percent of survivors reported being beaten at the hands of their captors. Beating torture can be as simple as punching, slapping or kicking a victim. Beatings may come spontaneously, or in conjunction with other methods. Tibetans held in Chinese prisons in the 1980s and 1990s reported suffering combinations of torture, including beatings and electric shock [source: Government of Tibet in Exile]. Beatings may also be delivered via instruments like hoses, belts, bamboo shoots, batons and other blunt weapons.
  2. Electrotorture. Electric shock torture methods haven’t been around as long as many other widely used methods — humans didn’t figure out how to harness electricity until the late 19th century. Once established, however, electricity soon came into use as a method of torture. Electrical shocks can be delivered using stun guns, cattle prods and electroconvulsive therapy (ECT) devices. This type of torture can be as crude as introducing a current to a victim via a cattle prod or other device designed to deliver a shock attached to a car battery. Shocks are used as a torture method because they’re cheap and effective. One 22-year-old Chechen survivor recounts being tortured with electricity at the hands of Russian military personnel: “They gave me electric shock under my fingernails and under the nails of my little toes so later I had to have the nails removed from my fingers and toes” [source: Amnesty International Danish Medical Group]. What’s more, shocks leave behind little obvious physical trace of the agony they produce. One expert suggests, “Torturers favor electric torture because it leaves no marks other than small burns that, one can allege, were simply self-inflicted.”
  3. Sexual Assault. Rape is a common form of torture, especially during wartime. Rape of men, women and children has occurred during conflicts across the globe. In the Balkan Wars of the 1990s, Muslim Bosnian women were subjected to systematic rape at the hands of Serb soldiers. In the Congo, from 2000 to 2006 alone, more than 40,000 women and children were raped [source: The Guardian, "The Spoils of War", March 2006]. In Rwanda in the early 1990s, an estimated 25,000 women were raped. Soldiers reportedly told their victims that they were “allowed to live so that [they] will die of sadness” [source: The Guardian].  Both men and women may suffer sexual assault. Whether the assaulter uses his or her body to inflict harm or brandishes a device to penetrate the victim’s body, the act is constituted as rape. What’s more, experts believe estimates of the number of men who’ve endured rape torture are low: “Men tend to underreport experiences of sexual violence. They may have doubts about their sexuality and fear infertility, and both sexes commonly experience sexual difficulties following sexual violence and may need reassurance about sexual function” [source: Burnett and Peel, BMJ.com].
  4. Hanging by Limbs. During the Vietnam War, the Viet Cong employed a form of torture called “the ropes.” In “Human Adaptation to Extreme Stress: From the Holocaust to Vietnam,” the book’s authors describe this type of torture many American servicemen faced after capture, explaining, “Although there were many variations of this torture, it usually took the form of tying the elbows behind the back and tightening them until they touched or arching the back with a rope stretched from the feet to the throat” [source: Wilson, et al]. The tension created in the muscles by this extreme tightening –exacerbated by hanging victims from their limbs — can cause lasting nerve damage. Dissident Turkish national Gulderen Baran was tortured by police when she was in her early 20s. In addition to other forms of torture, she was hung by her arms, both on a wooden cross and from her wrists bound behind her. Baran suffered long-term damage to her arms, losing strength and movement in one arm, and the other suffering total paralysis [source: Amnesty International].
  5. Mock Executions. A mock execution is any situation in which a victim feels that his or her death   — or the death of another person — is imminent or has taken place. It could be as hands-off as verbally threatening a detainee’s life, or as dramatic as blindfolding a victim, holding an unloaded gun to the back of his or her head and pulling the trigger. Any clear threat of impending death falls into the category of mock executions. Water boarding, the method of simulated drowning, is an example of mock execution. The U.S. Army Field Manual expressly prohibits soldiers from staging mock executions [source: Levin]. But reports of some U.S. military members staging these executions have emerged from the Iraq War. In 2005, one Iraqi man questioned for stealing metal from an armory was tortured by being asked to choose one of his sons to die for his crime. When his son was taken around a building, out of the man’s sight, he was led to believe that the son had been executed when he heard gun shots fired. Two years earlier, two Army personnel were investigated for staging mock executions. In one circumstance, an Iraqi was taken to a remote area and made to dig his own grave, and soldiers pretended he would be shot [source: AP]. Other nations also make use of mock executions. The effects of such threats on the victim’s life are deep and lasting: The Center for Victims of Torture say torture victims who’ve undergone mock executions reported flashbacks, “feeling as if they’ve already died,” and said they begged their tormentors to kill them to avoid further constant threat.

Regarding number four, hanging by limbs, this reminds me of a report by Human Rights Watch on torture in Egypt. I read the report last year. Egypt is of particular interest to me because I am of Egyptian origin, though I have never lived there.  HRW describes beatings, rape and hanging by limbs as the most common forms of torture in Egyptian police stations. Victims are often hung by their arms from the top of a door, with a bag of cement tied to their feet to stretch them out and cause extreme pain. Torture has become ubiquitous in Egypt and is carried out with total impunity. Egyptian police have become experts at torture and are often borrowed by other Arab nations to teach torture methods.

This is something that Egypt shares in common with my nation of citizenship, the United States, which has also innovated many torture techniques and taught them to nations throughout the world. In fact, as far as I know, the USA is the only nation to set up an actual school of torture for police and military of other nations (the infamous School of the Americas in Georgia, renamed but still in operation).

Darius Rejali wrote in an article in the Boston Globe on December 16, 2007, titled “Torture, American style”:

For centuries, the whip was the preferred tool of state torture, and some were nastier than others. The Great Russian Knout, for example, had a hook on the end of it that tore out chunks of flesh with each blow. Even the Nazis, well into the era of modern torture, favored whips, as they scarred their way across thousands of victims in prisons and concentration camps during World War II.

In recent times states have outlawed open spectacles of torture, and torture has ceased to be an exhibit of kingly power. But its basic uses remain the same: extracting information, forcing false confessions, and keeping prisoners docile and compliant.

So torture hasn’t really disappeared in the modern age. What have disappeared are forms of torture that leave marks. The police, military investigators, and governments in democratic societies can count on the press and people watching. They know that if a prisoner can’t show any marks of torture, people are far less likely to believe his or her story. So as societies have become more open, the art of torture has crept underground and evolved into the chilling new forms – often undetectable – that define torture today.

Rejali goes on to describe how sophisticated and ubiquitous electroshock torture has become, and the central role that Western democracies (particularly the United States and France) have played post-WWII in innovating non-scarring forms of torture that are easier to hide, and teaching those methods to allied governments. These include electrotorture, forced standing for extended periods, waterboarding, psychological tortures, and sexual abuse.

Torture is not an isolated crime occuring in one or two backward nations. It is not restricted to petty dictatorships and banana republics. It is not associated with one particular economic system (e.g. communism vs. capitalism or the free market), one particular ethnic group, or one particular religion. It is a pervasise and systematic global crime, committed both secretly and openly. It is a global shame, a shame upon the entire human race.

The ancient Romans, who routinely employed torture and often savagely whipped victimes with barbed lashes prior to crucifixion, would have been proud of us. The ancient Egyptians, who employed sun-death; the ancient Jews, who used stoning; the Dominican friars of Spain who were notorious for their torture innovations during the inquisition; all would have nodded their head in approval of today’s torture techniques.

You are a barbarian. I am a barbarian. Until systematic, condoned torture is abolished once and for all, and relagated to the dark days of the past like slavery and the bubonic plague, we are all savages. We are still in the Dark Ages. Future generations will look back and see us as a primitive and beastly people, and they will be right.

These problems are not unsolvable. We are a species with intelligence and the ability to be compassionate. We have to come to an agreement that torture is unacceptable and will not be tolerated. Leaders who condone it should be voted out of office (in democratic nations), and replaced with leaders who do not tolerate torture and can apply pressure to those nations that do, rather than work with them clandestinely to perpetuate it. Those who commit torture should be prosecuted. We need to join and support organizations like Amnesty International and Human Rights Watch.

These problems can be solved but it requires commitment and determination on our part. And it won’t happen overnight.

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Torture and Islamic Law

Sadiq Reza of the New York Law School published a paper in 2007 titled, “Torture and Islamic Law.” It was published in the Chicago Journal of International Law, Vol. 8, No. 1. I just came across the paper and have not read it yet but will do so soon.
The abstract reads,
“This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today’s Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves “Islamic states.”
The status of investigative torture in Islamic law has long been unsettled: most early classical jurists forbade it, but some later classical jurists permitted it in at least certain circumstances. The permission some jurists gave the practice in Islamic jurisprudence (fiqh) was matched and augmented by a broader license jurists gave executive actors in the realm of governance or administration (siyasa), a realm seen as necessarily less constrained by jurisprudential limitations.
Historical evidence indicates that investigative torture was indeed practiced by executive actors at various periods and places of the pre-modern Muslim world. Nevertheless, statistical analysis indicates little or no correlation between the absence or practice of torture in today’s Muslim-majority countries and the degree of commitment these countries profess to Islamic law. Instead, this article concludes, the absence or practice of torture in a given Muslim-majority country today (and the willingness of Muslim-majority countries to join international covenants that ban torture) correlates with the same factor with which it correlates in a given non-Muslim-majority country: the presence or absence of democratic government.”
The article (at least based on the abstract) makes some interesting points. First, that the classical Muslim jurists (whose opinions are widely considered to be the foundation of Islamic law) forbade torture. Very interesting! Second, that the widely held notion that countries that govern based on Shari’ah are more willing to torture (it is commonly held that the practice of Shari’ah iteself entails torture), is a misconception. The presence or absence of torture in a Muslim country has to do with the presence or absence of democracy.
The flaw, however, is in overlooking the fact that while democratic nations are generally reluctant to torture their own citizens, they have no problem torturing the citizens of other countries. For proof of this, one merely has to review the actions of the French in Algeria and Vietnam, or the Americans in Afghanistan, Abu Ghraib and Guantanamo. Not to mention the infamous School of the Americas in Fort Benning, Georgia, that trained aspiring Latin American dictators and death squads in the most efficient forms of assassination, terrorism and torture. Then there are all those secret CIA torture camps whose existence is widely acknowledged but officially denied.
It would be nice to believe that democracy brings an end to torture. But it does not.
"...if anyone saves a life, it will be as if he had saved the life of all humankind." - Holy Quran

"...if anyone saves a life, it will be as if he had saved the life of all humankind." - Holy Quran

Sadiq Reza of the New York Law School published a paper in 2007 titled, “Torture and Islamic Law.” It was published in the Chicago Journal of International Law, Vol. 8, No. 1. I just came across the paper and have not read it yet but will do so soon.

The abstract reads,

“This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today’s Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves “Islamic states.”

The status of investigative torture in Islamic law has long been unsettled: most early classical jurists forbade it, but some later classical jurists permitted it in at least certain circumstances. The permission some jurists gave the practice in Islamic jurisprudence (fiqh) was matched and augmented by a broader license jurists gave executive actors in the realm of governance or administration (siyasa), a realm seen as necessarily less constrained by jurisprudential limitations.

Historical evidence indicates that investigative torture was indeed practiced by executive actors at various periods and places of the pre-modern Muslim world. Nevertheless, statistical analysis indicates little or no correlation between the absence or practice of torture in today’s Muslim-majority countries and the degree of commitment these countries profess to Islamic law. Instead, this article concludes, the absence or practice of torture in a given Muslim-majority country today (and the willingness of Muslim-majority countries to join international covenants that ban torture) correlates with the same factor with which it correlates in a given non-Muslim-majority country: the presence or absence of democratic government.”

The article (at least based on the abstract) makes some interesting points. First, that the classical Muslim jurists (whose opinions are widely considered to be the foundation of Islamic law) forbade torture. Very interesting! Second, that the widely held notion that countries that govern based on Shari’ah are more willing to torture (it is commonly held that the practice of Shari’ah iteself entails torture), is a misconception. The presence or absence of torture in a Muslim country has to do with the presence or absence of democracy.

The flaw, however, is in overlooking the fact that while democratic nations are generally reluctant to torture their own citizens, they have no problem torturing the citizens of other countries. For proof of this, one merely has to review the actions of the French in Algeria and Vietnam, or the Americans in Afghanistan, Abu Ghraib and Guantanamo. Not to mention the infamous School of the Americas in Fort Benning, Georgia, that trained aspiring Latin American dictators and death squads in the most efficient forms of assassination, terrorism and torture. Then there are all those secret CIA torture camps whose existence is widely acknowledged but officially denied.

It would be nice to believe that democracy brings an end to torture. But it does not.

I don’t mean to sound hopeless. The fact that 20th century democracies have largely ceased torturing their own citizens is quite inspiring. It tells us that governments are capable of stopping torture when they choose, and that what is required is a change of mentality. We must stop thinking of the citizens of other nations, or the members of other religions or ethnic groups, as “the other”. We have to extend our concept of citizenship to include all of humanity. We absolutely have to recognize the brotherhood and sisterhood of all humanity.

I know that may sound like an impossible task – after all, I’m talking about wiping out racism and nationalism, two of the most doggedly pervasive sicknesses in all human history – but if you look at it another way, it is one of the few challenges we face that is actually achievable. Why? Because it requires no resources to achieve, or at least none beyond education. We don’t have to spend trillions of dollars, we don’t have to find a new vaccine or figure out how to distribute a vanishing resource. All we have to do is change the way people think.

Simple, huh?

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12-Point Plan to Stop Torture

Amnesty International's 12-Point program against torture

Amnesty International's 12-Point program against torture

I’d like to come up with a special program or plan to eliminate torture that will speak to Muslims in particular, with points referencing the Quran and Sunnah as needed. If anyone can help with this your input is very welcome.

Here is Amnesty International’s 12-point program to stop torture:

Amnesty International’s 12-Point Program for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Agents of the State

Torture and other cruel, inhuman or degrading treatment or punishment (other ill-treatment) are violations of human rights, condemned by the international community as an offence to human dignity and prohibited in all circumstances under international law. Yet they happen daily and across the globe. Immediate steps are needed to confront these abuses wherever they occur and to eradicate them. Amnesty International calls on all governments to implement the following 12-point program and invites concerned individuals and organizations to ensure that they do so. Amnesty International believes that the implementation of these measures is a positive indication of a government’s commitment to end torture and other ill-treatment and to work for their eradication worldwide.

1. Condemn torture and other ill-treatment
The highest authorities of every country should demonstrate their total opposition to torture and other ill-treatment. They should condemn these practices unreservedly whenever they occur. They should make clear to all members of the police, military and other security forces that torture and other ill-treatment will never be tolerated.

2. Ensure access to prisoners
Torture and other ill-treatment often take place while prisoners are held incommunicado – unable to contact people outside who could help them or find out what is happening to them. The practice of incommunicado detention should be ended. Governments should ensure that all prisoners are brought before an independent judicial authority without delay after being taken into custody. Prisoners should have access to relatives, lawyers and doctors without delay and regularly thereafter.

3. No secret detention
In some countries torture and other ill-treatment take place in secret locations, often after the victims are made to “disappear”. Governments should ensure that prisoners are held only in officially recognized places of detention and that accurate information about their arrest and whereabouts is made available immediately to relatives, lawyers, the courts, and others with a legitimate interest, such as the International Committee of the Red Cross (ICRC). Effective judicial remedies should be available at all times to enable relatives and lawyers to find out immediately where a prisoner is held and under what authority, and to ensure the prisoner’s safety.

4. Provide safeguards during detention and interrogation
All prisoners should be immediately informed of their rights. These include the right to lodge complaints about their treatment and to have a judge rule without delay on the lawfulness of their detention. Judges should investigate any evidence of torture or other ill-treatment and order release if the detention is unlawful. A lawyer should be present during interrogations. Governments should ensure that conditions of detention conform to international standards for the treatment of prisoners and take into account the needs of members of particularly vulnerable groups. The authorities responsible for detention should be separate from those in charge of interrogation. There should be regular, independent, unannounced and unrestricted visits of inspection to all places of detention.

5. Prohibit torture and other ill-treatment in law
Governments should adopt laws for the prohibition and prevention of torture and other ill-treatment incorporating the main elements of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture) and other relevant international standards. All judicial and administrative corporal punishments should be abolished. The prohibition of torture and other ill-treatment and the essential safeguards for their prevention must not be suspended under any circumstances, including states of war or other public emergency.

6. Investigate
All complaints and reports of torture or other ill-treatment should be promptly, impartially and effectively investigated by a body independent of the alleged perpetrators. The scope, methods and findings of such investigations should be made public. Officials suspected of committing torture or other ill-treatment should be suspended from active duty during the investigation. Complainants, witnesses and others at risk should be protected from intimidation and reprisals.

7. Prosecute
Those responsible for torture or other ill-treatment should be brought to justice. This principle applies wherever those suspected of these crimes happen to be, whatever their nationality or position, regardless of where the crime was committed and the nationality of the victims, and no matter how much time has elapsed since the commission of the crime. Governments should exercise universal jurisdiction over those suspected of these crimes, extradite them, or surrender them to an international criminal court, and cooperate in such criminal proceedings. Trials should be fair. An order from a superior officer should never be accepted as a justification for torture or ill-treatment.

8. No use of statements extracted under torture or other ill-treatment
Governments should ensure that statements and other evidence obtained through torture or other ill-treatment may not be invoked in any proceedings, except against a person accused of torture or other ill-treatment.

9. Provide effective training
It should be made clear during the training of all officials involved in the custody, interrogation or medical care of prisoners that torture and other ill-treatment are criminal acts. Officials should be instructed that they have the right and duty to refuse to obey any order to torture or carry out other ill-treatment.

10. Provide reparation
Victims of torture or other ill-treatment and their dependants should be entitled to obtain prompt reparation from the state including restitution, fair and adequate financial compensation and appropriate medical care and rehabilitation.

11. Ratify international treaties
All governments should ratify without reservations international treaties containing safeguards against torture and other ill-treatment, including the International Covenant on Civil and Political Rights and its first Optional Protocol; and the UN Convention against Torture, with declarations providing for individual and inter-state complaints, and its Optional Protocol. Governments should comply with the recommendations of international bodies and experts on the prevention of torture and other ill-treatment.

12. Exercise international responsibility
Governments should use all available channels to intercede with the governments of countries where torture or other ill-treatment are reported. They should ensure that transfers of training and equipment for military, security or police use do not facilitate torture or other ill-treatment. Governments must not forcibly return or transfer a person to a country where he or she would be at risk of torture or other ill-treatment.
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This 12-point program sets out measures to prevent the torture and other ill-treatment of people who are in governmental custody or otherwise in the hands of agents of the state. It was first adopted by Amnesty International in 1984, revised in October 2000 and again in April 2005. Amnesty International holds governments to their international obligations to prevent and punish torture and other ill-treatment, whether committed by agents of the state or by other individuals. Amnesty International also opposes torture and other ill-treatment by armed political groups.

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I was Burned, Raped and Tortured Under U.S. Direction

Sister Dianna Ortiz, torture survivor and anti-torture activist
Sister Dianna Ortiz, torture survivor and anti-torture activist
By Sister Dianna Ortiz
July 2004

Sister Dianna Ortiz, an Ursuline nun, is executive director of the Torture Abolition and Survivors Support Coalition International in Washington, D.C. She was tortured in Guatemala in 1989 after spending two years there as a Catholic missionary teaching Mayan children. She is the author of The Blindfold’s Eyes: My Journey from Torture to Truth.

On November 2, 1989, I was abducted by Guatemalan security forces and taken to a clandestine prison, where I was burned with cigarettes more than 111 times, raped repeatedly, and subjected to other forms of torture. While there, I met the man my torturers referred to as their boss.

He was an American.

Later, when I first spoke of this man publicly, many of my fellow citizens here in the United States had difficulty believing that an American could be involved in torture, much less be boss of a squad of torturers. Even fewer would accept that he was undoubtedly acting on orders from superiors.

I hope this is easier to believe today.

News of U.S. military involvement in cruel prisoner abuse in Iraq and against our captives from Afghanistan should not surprise foreign policy experts or anyone familiar with U.S. involvement in many developing nations. Not only have U.S. presidents supported governments that
systematically engaged in torture, they have presided over administrations that taught torture to foreign military personnel and practiced it as well. The abuses I experienced first-hand also occurred in prisons in El Salvador, Chile, Argentina, Uruguay, Paraguay and the Philippines while those countries received U.S. military aid.

Our leaders who violated U.S. law by ordering torture or knowingly permitting it have evaded responsibility for their actions largely by hiding incriminating documents from the rest of us by classifying them, turning into state secrets this information the public had a right to know. The usual justification is the protection of “sources and methods.” As a result, U.S. torturers and torture instructors have long been protected.

Due to government secrecy, we do not know all the details, but anyone who wants to do so can learn enough to be convinced that our government has been involved in torture.

Naturally, most citizens don’t want to know, don’t want to believe. Knowing and believing that our government is guilty of torture makes us uncomfortable. The demands of torture survivors like me and others who have sought to declassify the facts have gone unheeded. The government we are accusing of torture is in charge of deciding whether to release the documents that would prove our accusations.

Today’s situation is different. Those U.S. leaders responsible for torture in Guantanamo, Afghanistan and Iraq either did not know about the photographs or did not foresee their impact. Now our top leaders have taken “official notice” of torture. The issue has become so public that Secretary of Defense Donald Rumsfeld and President George W. Bush have apologized.

But their apologies do not go far enough for me or any other torture survivor who has suffered from U.S.-supported abuse. Our leaders have voiced regret that a “few bad apples” tarnished America’s human rights record. In fact, there have been quite a few apologies—but not enough consequences. Rumsfeld, for example, apologized because it happened “on his watch.” But does that mean he was responsible? Apparently not. He seems to have suffered no consequences. For this administration, the buck stops with a few bad apples.

Thanks to leaked memos, we now know that the White House was fully aware of attempts to redefine torture as “not torture,” under the impetus of some Justice Department lawyers and White House Counsel Alberto Gonzales.

Even if only the people around him were plotting to make torture acceptable under U.S. law, should Bush be exonerated? If he is so irrelevant or ignorant, should we not demand to know who is truly the chief executive?

I want to say, “Of course. We’ve known all along this was going on,” but until now, few would listen—perhaps because there were no photographs. But my second reaction is pure horror, or rather, a revisiting of horror. There it is again—this time all over the front pages. What was done to these detainees brings me and many others back to our own prison cells, to our own torturers. Again we live under their control. Again we experience indescribable pain and suffering. Doesn’t our government know what it is permitting?

Dark as the deeds of our leaders, there is a ray of hope. The media is tearing down the walls of silence that has surrounded our torture policies. Now it is our responsibility. We all must express outrage at what has been done in our name. That outrage has power—the power to compel our leaders never to permit torture again.

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