The US has ended the use of torture? Not even close, writes Martin Garbus, one of America's leading trial lawyers:
"The media has been totally misled on the alleged Bush-McCain agreement on torture. McCain capitulated. It is not a defeat for Bush. It is a win for Cheney.
"Torture is not banned or in any way impeded.
"Under the compromise, anyone charged with torture can defend himself if a 'reasonable' person could have concluded they were following a lawful order.
"That defence 'loophole' totally corrodes the ban. It is the CIA, or the torturing agency, who will decide what a "reasonable" person could have concluded. Can you imagine those agencies in the interrogation business torturing on their own in trying to decide what is reasonable or what is not? What is not 'reasonable' if the interrogator (wrongfully or rightfully) believes he has a ticking-bomb situation? Will a CIA or military officer issue a narrow order if he knows his interrogator believes, in this case, torture will work?
"The Bush-McCain torture compromise legitimises torture. It is the first time that has happened in this country. Not in the two World Wars, Korea, the Cold War or Vietnam did the government ever seek or get the power this bill gives them.
"The worst part of it is that most of the media missed it and got it wrong."
The world's only superpower will continue to use torture and export individuals to be tortured.
Spreading freedom, indeed.
"The media has been totally misled on the alleged Bush-McCain agreement on torture. McCain capitulated. It is not a defeat for Bush. It is a win for Cheney.
"Torture is not banned or in any way impeded.
"Under the compromise, anyone charged with torture can defend himself if a 'reasonable' person could have concluded they were following a lawful order.
"That defence 'loophole' totally corrodes the ban. It is the CIA, or the torturing agency, who will decide what a "reasonable" person could have concluded. Can you imagine those agencies in the interrogation business torturing on their own in trying to decide what is reasonable or what is not? What is not 'reasonable' if the interrogator (wrongfully or rightfully) believes he has a ticking-bomb situation? Will a CIA or military officer issue a narrow order if he knows his interrogator believes, in this case, torture will work?
"The Bush-McCain torture compromise legitimises torture. It is the first time that has happened in this country. Not in the two World Wars, Korea, the Cold War or Vietnam did the government ever seek or get the power this bill gives them.
"The worst part of it is that most of the media missed it and got it wrong."
The world's only superpower will continue to use torture and export individuals to be tortured.
Spreading freedom, indeed.
1 Comments:
I agree with you AL.
The compromise also says nothing about the CIA's "outsourcing" of torture to security agencies in third countries in the Middle East eg (Egypt, Jordan), Pakistan and Eastern Europe.
The CIA can merely deny that it is doing this publically because its a covertly funded program.
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