Naomi Klein : The US has used torture for decades. All that's new is the
openness about it

By ignoring past abuses, opponents of torture are in danger of pushing it
back into the shadows instead of abolishing it

The Guardian        Saturday December 10, 2005

It was the "Mission Accomplished" of George Bush's second term, and an
announcement of that magnitude called for a suitably dramatic location. But
what was the right backdrop for the infamous "We do not torture"
declaration? With characteristic audacity, the Bush team settled on downtown
Panama City.

It was certainly bold. An hour and a half's drive from where Bush stood, the
US military ran the notorious School of the Americas from 1946 to 1984, a
sinister educational institution that, if it had a motto, might have been
"We do torture". It is here in Panama, and later at the school's new
location in Fort Benning, Georgia, where the roots of the current torture
scandals can be found.

According to declassified training manuals, SOA students - military and
police officers from across the hemisphere - were instructed in many of the
same "coercive interrogation" techniques that have since gone to Guantánamo
and Abu Ghraib: early morning capture to maximise shock, immediate hooding
and blindfolding, forced nudity, sensory deprivation, sensory overload,
sleep and food "manipulation", humiliation, extreme temperatures, isolation,
stress positions - and worse. In 1996 President Clinton's Intelligence
Oversight Board admitted that US-produced training materials condoned
"execution of guerrillas, extortion, physical abuse, coercion and false
imprisonment".

Some Panama school graduates went on to commit the continent's greatest war
crimes of the past half-century: the murders of Archbishop Oscar Romero and
six Jesuit priests in El Salvador; the systematic theft of babies from
Argentina's "disappeared" prisoners; the massacre of 900 civilians in El
Mozote in El Salvador; and military coups too numerous to list here.

Yet when covering the Bush announcement, not a single mainstream news outlet
mentioned the location's sordid history. How could they? That would require
something totally absent from the debate: an admission that the embrace of
torture by US officials has been integral to US foreign policy since the
Vietnam war.

It's a history exhaustively documented in an avalanche of books,
declassified documents, CIA training manuals, court records and truth
commissions. In his forthcoming book, A Question of Torture, Alfred McCoy
synthesises this evidence, producing a riveting account of how monstrous
CIA-funded experiments on psychiatric patients and prisoners in the 1950s
turned into a template for what he calls "no-touch torture", based on
sensory deprivation and self-inflicted pain. McCoy traces how these methods
were field-tested by CIA agents in Vietnam as part of the Phoenix programme
and then imported to Latin America and Asia under the guise of police
training.

It is not only apologists for torture who ignore this history when they
blame abuses on "a few bad apples". A startling number of torture's most
prominent opponents keep telling us that the idea of torturing prisoners
first occurred to US officials on September 11 2001, at which point the
methods used in Guantánamo apparently emerged, fully formed, from the
sadistic recesses of Dick Cheney's and Donald Rumsfeld's brains. Up until
that moment, we are told, America fought its enemies while keeping its
humanity intact.

The principal propagator of this narrative (what Garry Wills termed
"original sinlessness") is Senator John McCain. Writing in Newsweek on the
need to ban torture, McCain says that when he was a prisoner of war in
Hanoi, he held fast to the knowledge "that we were different from our
enemies ... that we, if the roles were reversed, would not disgrace
ourselves by committing or approving such mistreatment of them". It is a
stunning historical distortion. By the time McCain was taken captive, the
CIA had launched the Phoenix programme and, as McCoy writes, "its agents
were operating 40 interrogation centres in South Vietnam that killed more
than 20,000 suspects and tortured thousands more."

Does it somehow lessen today's horrors to admit that this is not the first
time the US government has used torture, that it has operated secret prisons
before, that it has actively supported regimes that tried to erase the left
by dropping students out of airplanes? That, closer to home, photographs of
lynchings were traded and sold as trophies and warnings? Many seem to think
so. On November 8, Democratic Congressman Jim McDermott made the astonishing
claim to the House of Representatives that "America has never had a question
about its moral integrity, until now".

Other cultures deal with a legacy of torture by declaring "Never again!" Why
do so many Americans insist on dealing with the current torture crisis by
crying "Never before"? I suspect it stems from a sincere desire to convey
the seriousness of this administration's crimes. And its open embrace of
torture is indeed unprecedented.

But let's be clear about what is unprecedented: not the torture, but the
openness. Past administrations kept their "black ops" secret; the crimes
were sanctioned but they were committed in the shadows, officially denied
and condemned. The Bush administration has broken this deal: post-9/11, it
demanded the right to torture without shame, legitimised by new definitions
and new laws.

Despite all the talk of outsourced torture, the real innovation has been
in-sourcing, with prisoners being abused by US citizens in US-run prisons
and transported to third countries in US planes. It is this departure from
clandestine etiquette that has so much of the military and intelligence
community up in arms: Bush has robbed everyone of plausible deniability.
This shift is of huge significance. When torture is covertly practised but
officially and legally repudiated, there is still hope that if atrocities
are exposed, justice could prevail. When torture is pseudo-legal and those
responsible deny that it is torture, what dies is what Hannah Arendt called
"the juridical person in man". Soon victims no longer bother to search for
justice, so sure are they of the futility, and danger, of that quest. This
is a larger mirror of what happens inside the torture chamber, when
prisoners are told they can scream all they want because no one can hear
them and no one is going to save them.

The terrible irony of the anti-historicism of the torture debate is that in
the name of eradicating future abuses, past crimes are being erased from the
record. Since the US has never had truth commissions, the memory of its
complicity in far-away crimes has always been fragile. Now these memories
are fading further, and the disappeared are disappearing again.

This casual amnesia does a disservice not only to the victims, but also to
the cause of trying to remove torture from the US policy arsenal once and
for all. Already there are signs that the administration will deal with the
uproar by returning to plausible deniability. The McCain amendment protects
every "individual in the custody or under the physical control of the United
States government"; it says nothing about torture training or buying
information from the exploding industry of for-profit interrogators.

And in Iraq the dirty work is already being handed over to Iraqi death
squads, trained by the US and supervised by commanders like Jim Steele, who
prepared for the job by setting up similar units in El Salvador. The US role
in training and supervising Iraq's interior ministry was forgotten,
moreover, when 173 prisoners were recently discovered in a ministry dungeon,
some tortured so badly that their skin was falling off. "Look, it's a
sovereign country. The Iraqi government exists," Rumsfeld said. He sounded
just like the CIA's William Colby who, asked in a 1971 Congressional probe
about the thousands killed under Phoenix, a programme he helped launch,
replied that it was now "entirely a South Vietnamese programme".

As McCoy says, "if you don't understand the history and the depths of the
institutional and public complicity, then you can't begin to undertake
meaningful reforms." Lawmakers will respond to pressure by eliminating one
small piece of the torture apparatus: closing a prison, shutting down a
programme, even demanding the resignation of a really bad apple like
Rumsfeld. But he warns, "they will preserve the prerogative to torture."

***

Comments on Rendition

by Francis A. Boyle
November 8, 2005

The Bush Jr. administration's reprehensible policy known euphemistically
as "extraordinary renditions" involves both the "enforced disappearances of
persons" and "torture", as well as being "widespread" and "systematic." It
therefore constitutes a "crime against humanity" as defined by Article 7
(1)(f) and Article 7(1)(i) of the Rome Statute for the International
Criminal Court. That is precisely why the Bush Jr. administration has done
everything humanly possible to sabotage the International Criminal Court.

To the contrary, everyone in the Chain of Command responsible for this
criminal policy from President Bush Jr, down through Vice President Cheney,
National Intelligence Director Negroponte, CIA Director Goss and the
operatives at the Clandestine Services Unit of the CIA must be prosecuted
under both United States domestic criminal law, international criminal law,
and the domestic criminal legal systems of every state in the world.

There is no statute of limitations for such grievous international crimes.

Furthermore, all Bush Jr administration lawyers at the White House, the
Department of Justice, and the CIA, inter alia, who signed off on
"extraordinary renditions" must also be prosecuted for aiding and abetting
crimes against humanity, war crimes, torture, enforced disappearances,
murder, and kidnapping, etc. Italy is correctly starting to do this. Other
states are obligated to follow under basic principles of both treaty and
customary international law.

Professor Francis A. Boyle

Author, Destroying World Order (2005)
and Biowarfare and Terrorism (2005)

Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (voice)
217-244-1478 (fax)
[EMAIL PROTECTED]








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