<http://online.wsj.com/article_print/0,,SB111031882047173840,00.html>

The Wall Street Journal


 March 9, 2005

 COMMENTARY


Rendering Justice

By DAVID IGNATIUS
The Washington Post
March 9, 2005


WASHINGTON -- Torture is immoral and illegal, and the refusal to allow it
is one measure of a civilized society. But this ironclad moral argument
doesn't necessarily apply to the practice known as "extraordinary
rendition."

Rendition is the CIA's antiseptic term for its practice of sending captured
terrorist suspects to other countries for interrogation. Because some of
those countries torture prisoners -- and because some of the suspected
terrorists "rendered" by the CIA say they were, in fact, tortured -- the
debate has tended to lump rendition and torture together. The implication
is that the CIA is sending people to Egypt, Jordan or other Middle Eastern
countries because they can be tortured there and coerced into providing
information they wouldn't give up otherwise.

The problem with this argument is that it assumes the CIA believes that
torture works. But in 30 years of writing about intelligence, I've never
encountered a spook who didn't realize that torture is usually
counterproductive. Professional intelligence officers know that prisoners
will confess to anything under intense pain. Information obtained through
torture thus tends to be unreliable, in addition to being immoral.

But in conversations over the past several years with senior CIA officials
and the heads of several Arab intelligence services, I've heard
explanations for why the practice is used. These arguments for rendition at
least ought to be understood, as Congress and the public struggle with the
moral issues involved.

What's gained by transferring a prisoner to his home country for
interrogation is emotional leverage, according to Arab and American
intelligence chiefs. A hardened al Qaeda member often can't be coerced
physically into giving up information, no matter how nasty the
interrogator. But he may do so if confronted by, say, his mother, father,
brother or sister.

I asked the head of an Arab intelligence service once about the belief in
his country that prisoners were tortured. People sometimes referred to his
headquarters as the "fingernail factory," I said, because they assumed that
vicious methods were used, such as ripping out prisoners' nails. This
official insisted that torture didn't work. He cited a series of cases in
which prisoners had been broken through softer and more clever measures --
applying family pressure or, in one remarkable case, ignoring a defiant,
self-important prisoner until he all but demanded to be questioned.

"Nice" interrogation stories don't change the fact that hideous methods
have been used in rendition cases. And in some instances, the CIA should
have known that torture was likely -- and stopped it. But I think you can
oppose torture and still approve of rendition in some cases.

Before you make an easy judgment about rendition, consider this disturbing
question: Suppose the FBI had managed to capture Mohamed Atta before Sept.
11, 2001. Under U.S. legal rules at the time, the man who plotted the
airplane suicide attacks probably could not have been held or interrogated
in the U.S. Would it have made sense to "render" Atta to a place where he
could have been interrogated? That's not a simple question for me to
answer, even as I share the conviction that torture is always and
everywhere wrong.

-- 
-----------------
R. A. Hettinga <mailto: [EMAIL PROTECTED]>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'


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