The Viewpoint Podcast–Episode 1a–Torture report released, needs prosecutions

This week, we saw a report from the Senate Intelligence Committee, chaired by Senator Dianne Fienstein, on the “enhanced interrogation techniques” that the CIA used in the aftermath of September 11^th 2001. Okay, let's stop right there. “Enhanced Interrogation Techniques”? That's political speak, for the T word, because the T word can lead you into all sorts of legal trouble. The T word? You know, torture. So let's call a spade a spade and say exactly what this was. It was torture, that's what the CIA did for over 6 years, in the aftermath of September 11^th 2001.

That same month, President Bush, ordered the use of these techniques. He ordered the CIA to torture prisoners. And he used 9/11 as a justification. These techniques were used until November 2007. And in all that time, according to the report, they were not an effective means of acquiring intelligence or gaining co-operation from detainees. The CIA made claims about the effectiveness of these techniques, that didn't actually stack up or stand up to any scrutiny at all.

And the craziest thing about this is, there are people still defending the use of torture. George W Bush back in 2010, said to NBC News “Using these techniques saved lives, my job was to protect America”. Yeah, right, you'd already failed on that count when you ignored a report that was given to you back in 2001, which had said that Osama Bin Laden was determined to attack America, and afterwards, we had 9/11. So you'd already failed to do your job, and you ordered the CIA to torture prisoners as retribution for that.

Bill O'Reilly of Fox News is also siding with the torturers. In a recent Talking Points commentary on his show The O'Reilly Factor, he said and I quote, “Based on available evidence, "Talking Points" is siding with the CIA people. Look, we're fighting a war... ...Bad things happen in war. After the German SS massacred Americans during the Battle of the Bulge, U.S. troops shot and killed Germans who had their hands up trying to surrender. That was wrong. But it happened and the U.S. high command largely overlooked it, understanding the tremendous emotions involved.
It is the same thing with coerced interrogation.” I wonder what available evidence you're basing that on, Bill, because I have some available evidence, which I'll talk about in a minute, that puts things in a completely different light.

Former Vice President Dick Cheney, the day the report was released, appeared on Fox News Channel's Special Report with Bret Baier, and defended the use of torture. He said the CIA deserved “credit not condemnation” for the use of torture, and asked “What are you prepared to do to get the truth against future attacks against the United States?” Well, we know how far you are prepared to go, Mr Cheney. You saw how it was done when you were part of the Nixon administration during the Watergate scandal, a scandal that cost your boss his job. And if you are prepared to break international law to do what you want, then you should face the consequences of that.

Yes, that's right. I said break international law, and that's what Bush, Cheney, Alberto Gonzales, and the people at the CIA did. In most postings I have seen on this story, they have referenced the UN Universal Declaration on Human Rights, which was originally written in 1948. Article 5 of the declaration states that, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” That is the complete article, as found on the UN's website. That is everything it says. Often as well, they reference Article 7 of the declaration, which says, “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.” Now these became international law in 1976 after being incorporated into the International Bill Of Human Rights, which was ratified in that year, but in 1984, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into being, and was ratified in 1986, becoming international law then, and it is articles under this convention that really defeat all the justifications, all the defences, all the 'we did this for good reasons' arguments that we have heard for years.

International Law is quite explicit on this. Article 2 of the convention reads as follows.

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Well, there's no ambiguity there. No exceptional circumstances whatsoever, may be invoked as a justifcation for torture. Not even 9/11. And those who justify it, defend it, and support it, should understand that. No justification for torture, or “enhanced interrogation techniques” as the Bush administration liked to call it. And now, they have to do something about it.

United Nations Special Rapporteur on counter terrorism and human rights, Ben Emmerson, said in a statement earlier this week, “The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes. The fact that the policies revealed in this report were authorised at a high level within the US Government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability. International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes. As a matter of international law, the US is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes. It is no defence for a public official to claim that they were acting on superior orders. CIA officers who physically committed acts of torture therefore bear individual criminal responsibility for their conduct, and cannot hide behind the authorisation they were given by their superiors.

Human Rights Watch have also called for prosecutions as well. And the ACLU wants a special prosecutor appointed. But there it is, The US government is legally, and indeed, morally obliged to bring Bush, Cheney and the others to justice. It cannot just move on and leave this in the past, because it will never be left in the past, until the criminals are prosecuted for what they've done. In his Talking Points commentary, Bill O'Reilly said that opinion lines are drawn on ideology. No, they are drawn on legality. On one side, you have those who are trying to get away with doing something blatantly illegal under international law, and on the other side, you have those who know it's illegal and want to see justice take it's course, and to frame it in political or ideological terms, is completely dishonest. Bill also asked in his talking points commentary, who would you rather have protecting you -- Bush and Cheney, or those who oppose “enhanced interrogation techniques”. Given the evidence I have at my disposal, including international law, my answer is clear, I'd rather have people who do not use torture, rather than George W Bush and Dick Cheney.