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Tim Sonnreich, February 2005.

Using Torture to Gather Intelligence About Terrorism:
This should be a lot harder to defend in debates than it currently is.


Once upon a time (as in about 4 years ago) the issue of 'torture' (i.e. whether it is ever acceptable to use it) was very rarely debated - and when it was debated, defending torture was considered an extremely hardline to defend. That reality existed for a good reason - namely that torture is almost unimaginably terrible, and should never be something that people speak of lightly. In fact the few times I remember torture being raised in debates at IV's was, like slavery, as an almost perfect example of a natural human right - the sort of thing that was an incontrovertibly good principle (the prohibition on its use that is) regardless of culture, religion, ethnicity, etc.

However, thanks to the Bush Administration's War on Terror, the legitimacy of torture as a mechanism for combating terrorism has leaped to front and centre of many topic selectors' minds. In the current climate it's good that we're debating torture, since it's definitely going on, in US bases in Cuba (Guantanamo Bay), Iraq, Diego Garcia and in the secret places of US allies like Egypt, Pakistan, Saudi Arabia and elsewhere. Torture of 'terror suspects' is occurring on a daily basis and so we should most definitely be discussing it.

My problem is that like many ultra-hardlines (eg. pro-hard-core drug legalisation and pro-child labour) in the rarified world of debating these highly counter-intuitive positions have become far too easy to defend. Don't get me wrong, I'm not saying that you can't successfully defend torture in a debate (in fact I think it's a great topic when done well), I just think the debate has become too narrow - too devoid of some basic understanding of what torture is, and how it's used - which makes the debate far too slanted to the side defending the nearly indefensible.

The purpose of this article is to remind some people of why there was, until very recently, a nearly universal revulsion to the practice of torture by the international community. This is not meant to be a comprehensive discussion of all the factors in the torture debate, the idea is to help give more breadth and sophistication to the fairly good level of analysis that most people seem to have been able to figure out for themselves. Hopefully this article will help restore the natural (in)balance of this debate which based on my experience, has unfortunately been lost.

The language of torture.

The term 'torture', like the term 'pornography', is almost impossibly vague, and that's good news for the team defending the practice because it gives them the scope to pick and choose just what they are willing to defend, without stepping too far outside the 'most reasonable' definition of the word. In broad terms I would categorise torture in two ways (and these always need to be explained in a debate because these terms are contested academically, and in public commentary) 'active' and 'passive' torture.

Passive torture is primarily psychological torture - such as sleep deprivation through environmental manipulation (bright lights, constant loud music/sounds, extreme cold, cramped conditions, 'stress positions', etc) or nutritional restrictions designed to significantly weaken the willpower of a subject (so not starvation, but something pretty close). Reverse treatment, sensory deprivation such as protracted isolation in conditions devoid of stimuli (pitch black, no sound, no communication, etc) can also provoke a similar effect. The idea is to psychologically wear-down the subject to the point of mental (and physical) exhaustion. At this point the subject is said to be far more susceptible to coercion and intimidation, or will simply divulge information to gain respite from the aforementioned treatment.

This is the kind of torture that the Bush Administration has publicly endorsed as acceptable, although they say its acceptable because it is not torture - which they define as "only acts that produce organ failure, impairment of bodily function or death". This 'minimalist' approach to torture was condemned recently by the US Justice Department which issued an expanded definition of acts that constitute torture under US domestic and international law - which does not necessarily need to cause excruciating or agonising pain, and can include mere physical suffering or lasting mental anguish. [1]

Furthermore, it's pretty clear that passive torture violates the Inter-American Convention to Prevent and Punish Torture, which broadly defines torture as "the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish". [2] Luckily for President Bush, the US never ratified (or to the best of my knowledge even signed) that convention. But Bush should be bound by the US Bill of Rights, and the final part of Amendment XIII seems relevant: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted".

While the terms "cruel and unusual" might provoke some disagreement in regards to passive torture, the second type of torture neatly fits any objective description. Active torture is the next step beyond passive torture in that it specifically includes acts of physical violence (beatings, electrocutions, and strangulation... I think you get the idea). The White House admits that some of these things are torture, and argues that some are not - for example a beating would appear to be acceptable under the previously mentioned White House definition so long as it's limited and doesn't cause lasting harm.

While the delineation of acts between active and passive might be convenient for a debate (in that I would think it advisable for teams to rule out defending active torture and limit the debate to passive torture - which is bad enough) there are some common practices that defy such categorisation. One commonly reported technique is known as "water-boarding" which is described in various ways, but is basically where a shackled prisoner is very nearly drowned, or least led to believe that they are very close to being drowned. [3] It's clearly psychological torture (since no actual physical harm is necessarily part of the technique), but passive torture is designed to break people's spirit - to break their will to resist through mental exhaustion - and thereby make them more cooperative. Water-boarding however is simply designed to provoke abject terror which, with humourless irony, is precisely the crime these prisoners are 'suspected' of plotting to commit themselves...

Of course there are also the well documented atrocities of Abu Ghraib, including the humiliation of detainees through forced or simulated sexual acts (often photographed or filmed to maximise the dehumanisation), mock assassinations, the use of vicious dogs to intimidate prisoners and the list goes on. None of these neatly fit in the active/passive box, but then again no team with half a brain would allow them to be part of their definition of the debate. Nevertheless these acts, and many others, are the reality of torture in the modern age.

If techniques like water-boarding seem far-fetched, or the product of conspiracy theorist websites and publications, then consider two things.

The first fact is that during her recent Senate confirmation hearings, in-coming Secretary of State Condoleeza Rice was questioned at length regarding her views on torture. Given that Condi had earlier expressed a desire to set the record straight on all the propaganda being spread about the US in the Middle East, this was a perfect chance for her to clearly say that torture doesn't happen. But, she dodged every question and refused to rule it out. She even refused to state categorically that "water boarding" is torture. [4]

Condi did say that the Justice Department should be asked for the legal definition of torture, but surely any idiot can tell you that water-boarding is torture. More disturbing is that report by the New York Times that the White House secretly arranged for Congress to overturn a near unanimous Senate vote that would have restricted 'extreme' interrogation methods. [5]

Secondly, examine this month's report by Chile's special commission investigating the crimes of the Pinochet government. The commission found that torture was a habitual practice of the military and police, and common practices included repeated beatings, electric shocks and mock executions. For female prisoners the list also regularly included incredibly perverse acts such as being raped by specially trained dogs, or being forced to bare the children of torturers.

The report also reveals that what was once the prevailing defence issued by Pinochet supporters (and Bush after Abu Ghraib) - namely that the torturers were just a few bad apples - was rubbish, and that the practice of torture became widespread and institutionalised. [6] Given that the White House is now effectively drawing up a guide of approved interrogation practices, basically things they believe they can argue aren't torture but all of which were found to be so by the Chilean Commission, its hard to see how torture in the US isn't becoming institutionalised and increasingly widespread.

Generally speaking I hate the 'slippery slope' argument (i.e. that because we allow one thing, then increasingly more and more things will be allowed) because it's usually a desperate, stupid and illogical, argument. But in the case of torture it seems appropriate given the worrying trend that is emerging. While the Abu Ghraib scandal may make the Pentagon and White House a little more careful about the activities conducted in high-profile locations, it is precisely the activities in the low-profile places that should cause the most concern.

Late last year Britain's Ambassador to Uzbekistan Craig Murray was recalled to London after criticising Tashkent's use of torture on terror suspects. He alleged that the CIA and MI6 were given access to the information generated through torture and accepted it despite the illegal methods used to obtain the intelligence. [7] It would seem that the US (and its allies like Britain and unfortunately Australia most likely too) are either too squeamish or too concerned about Abu Ghraib style scandals to commit the worst acts of torture themselves, but they have no concern about legitimating those acts preformed by others if it advances their cause.

Because the US refuses to take a clear, principled stance against the use of torture as a method of gathering intelligence, it gives a green light to every two-bit quasi-democratic/mostly authoritarian regime in the world (Pakistan, Uzbekistan... other 'Stans) to avoid criticism for using even more horrific techniques than Americans can stomach, as long as they feed the Pentagon "actionable intelligence". The slippery slope is already happening and there is no reason for it to stop now.

But maybe it is worth it if the information saves lives.

While debating about the human rights of prisoners (it's hard to call them criminals when so few have ever even been charged with anything - only 4 from Cuba for example) is a good debate, experience tells me that the crux of the issue is usually practical. Simply put, most teams can defend torture if they can show it gets much needed information. Fair enough, except that just like defending the principle, making the practical case stick should be pretty tough because the evidence that torture works is astonishingly weak.

First domestically. The US obviously hasn't generated anywhere near as much 'actionable intelligence' as it likes to suggest, because Al Qaeda is still operating quite openly and Osama bin Laden is still a free man. Even the UN admits that its attempts to cut off the financial resources of Al Qaeda (based heavily on US intelligence as to which businesses, charities and individuals were sponsors of terrorism) has largely failed. [8]

Sure there hasn't been another 9-11 type attack on the US since all the repressive anti-terrorism stuff started (including the torture of terror suspects), but there are two problems with that analysis as a defence of torture.

For one, it doesn't prove anything. Any avid fan of the West Wing knows post hoc, ergo propter hoc - "after this therefore because of this" - which is a classic logical fallacy. It's simply coincidental correlation, in other words, one event following (or not following) another event, does not prove causation. It's just as logical to say that there hasn't been another 9-11 since NYU Law won Worlds - but it doesn't make those guys responsible for the security of the continental United States.

The second problem with the argument is that it assumes that 'even if' the fact that there hasn't been an attack on the US of the scale of 9-11 is the result of torture-obtained intelligence, that there wasn't another way to get that information that doesn't have the myriad of negative effects that torture produces.

It all boils down to the simple, intuitive truth of torture, which is that when you abuse people and threaten to abuse them further - when you rape them, beat them or psychologically batter them - they will say anything to make it stop. That's one of the fundamental reasons why confessions/evidence obtained through torture are not admissible in any court in any remotely civilised country. It's just flat out unreliable. So if it can't be used to convict an individual, I question whether it should be used to pick targets for aerial bombardment by the US air force. We know from the Iraqi WMD debacle that intelligence is at the best of times a wildly inaccurate science - if your informants have any biased motivation (greed or fear of abuse) then they simply tell you what you want to hear.

This problem gets worse when America starts to 'outsource' torture. Uzbekistan used torture to get exaggerated information and confessions that served their domestic political purposes [9] - like generating increased military aid from the US. When states can prove they could play a 'valuable' role in the war on terror the US lavishes money and attention on them. It was too much for the Uzbeks to resist, and so they needed a sizable number of people to confess to being Islamic militant lunatics to provide 'information' about their activities sufficiently serious as to illicit the support of the US to help respond to the imaginary threat. It would seem that when few such lunatics could be found, the Uzbek government tortured some poor bastards into confessing to acts they almost certainly did not commit.

Similarly Macedonia, whose Interior Ministry murdered several completely innocent foreign nationals in cold blood (who were lured by the promise of employment) so that it could frame them as 'Islamic militants' and receive military aid from the US [10] show that when the stakes are high ("you're either with us, or your against us") states will go to any length to be on the right team. Supporting and legitimating torture in this context is fantastically irresponsible, on top of being ethically moribund.

If you think I'm being a touch melodramatic then read the 2005 Annual Report of Human Rights Watch [11] which makes the argument that the US's abuses in Abu Ghraib, and its use of torture in Cuba and elsewhere have become an encouragement (or at least an excuse) for dodgy regimes around the world. It mentions the fact that Egypt extended its 'emergency' powers by citing the US's own anti-terror legislation, and Malaysia deflects criticism of the Internal Security Act's indefinite detention powers by reference to Guantanamo Bay and finally Russia copies America's excuse that Abu Ghraib's torturers were 'a few bad apples' to defend claims of abuse in Chechnya.

In short torture is a staggering violation of people's rights, and on top of that it doesn't work very often. When defending those two ideas it's important to highlight the true nature of torture as it is practiced by the US and others at the moment - don't let your opposition sanitise it with polite terminology like passive and active - whatever you call it, its obscene. Furthermore, attack the baseless assertion that the practice produces useful results - results that presumably for your opposition, couldn't be generated any other way. On both counts the pro-torture side has a tough argument to make, and that's exactly the way it should always be.


[1] R. Jeffrey Smith and Dan Eggen, "'Torture' definition revised", Guardian Weekly, January 7-13, 2005, p.6.

[2] http:/www.oas.org/juridico/english/Treaties/a-51.html

[3] Douglas Jehl and David Johnston, "CIA Expands its Enquiry into Interrogation Tactics", The New York Times, 29 August 2004, and Tom Engelhardt, "Water-boarding", Mother Jones, June 18, 2004. Both available online.

[4] Roy Eccleston, "A tortured performance on US interrogation techniques", The Australian, Thursday, January 20, 2005, p.8.

[5] Richard Norton-Taylor, Julian Borger & Suzanne Goldenberg, "US accused of setting bad example over human rights", The Guardian Weekly, January 21-27, p.1.

[6] "Unravelling a tortured past", The Economist, December 4th-10th, 2004. p.38.

[7] Former British envoy is suspended, BBC News Online, 17th, October 2004. http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk/3750370.stm

[8] Gordon Corera, "Al-Qaeda undimmed by sanctions", BBC News Online, 27 August 2004. http://news.bbc.co.uk/1/hi/world/americas/3606384.stm

[9] "Torture intelligence criticised", BBC News Online, 11 October, 2004. http://news.bbc.co.uk/1/hi/uk/3732488.stm

[10] http://news.bbc.co.uk/2/hi/europe/3696781.stm

[11] Human Rights Watch World Report 2005, January 2005, http://hrw.org/wr2k5/
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