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www.amperspective.com Online Magazine

Executive Editor: Abdus Sattar Ghazali

The Washington Post editorial – June 9, 2004

Legalizing Torture

The Bush administration assures the country, and the world, that it is complying with U.S. and international laws banning torture and maltreatment of prisoners. But, breaking with a practice of openness that had lasted for decades, it has classified as secret and refused to disclose the techniques of interrogation it is using on foreign detainees at U.S. prisons at Guantanamo Bay and in Afghanistan and Iraq. This is a matter of grave concern because the use of some of the methods that have been reported in the press is regarded by independent experts as well as some of the Pentagon’s legal professionals as illegal. The administration has responded that its civilian lawyers have certified its methods as proper — but it has refused to disclose, or even provide to Congress, the justifying opinions and memos. ………

Perhaps the president’s lawyers have no interest in the global impact of their policies — but they should be concerned about the treatment of American servicemen and civilians in foreign countries. Before the Bush administration took office, the Army’s interrogation procedures — which were unclassified — established this simple and sensible test: No technique should be used that, if used by an enemy on an American, would be regarded as a violation of U.S. or international law. Now, imagine that a hostile government were to force an American to take drugs or endure severe mental stress that fell just short of producing irreversible damage; or pain a little milder than that of "organ failure, impairment of bodily function, or even death." What if the foreign interrogator of an American "knows that severe pain will result from his actions" but proceeds because causing such pain is not his main objective? What if a foreign leader were to decide that the torture of an American was needed to protect his country’s security? Would Americans regard that as legal, or morally acceptable? According to the Bush administration, they should.

http://www.washingtonpost.com/wp-dyn/articles/A26602-2004Jun8.html