U.S.-SPONSORED TORTURE, PRISONERS’ RIGHTS,
AND SURVIVOR CARE (Panel Discussion)
Review by
Phoebe Hoss
On Wednesday evening, October 15, 2008, the Peace and Justice Task
Force and the Adult Education Committee co-sponsored a panel on the
expansion, since the 2001 World Trade Center attack, of executive power
to exercise torture and deny certain prisoners rights long established
under international law. Two of the panelists were physicians who had
appeared at an earlier event this fall: Dr. Stephen Xenaxis, a
psychiatrist and retired brigadier-general in the U. S. Army; and Dr.
Allen Keller, associate professor of medicine and director of the
Torture Survivors Program at Bellevue/NYU. The other panelists were
lawyers: Jonathan Hayfetz, J.D., of New York University’s Brennan
Center for Social Justice; and Gita Gutierrez, J.D., of the Center for
Constitutional Rights.
Dr. Xenakis has found “very troubling” – as both a
physician and an army officer -- the United States’s current use of
torture. And, of its use and other extreme measures, Physicians for
Human Rights have stated: “There is no doubt that the current
administration has committed war crimes.” The claim that torture is
justified because “this is a war like no other war” is untrue. Every
war is lethal and is fought to the death. Nothing done to us as a
country justifies torture: it violates our standards of human decency.
In 2005, recognizing that doctors are implicated in its use, Dr.
Xenakis wrote in the Washington Post that the Hippocratic oath trumps
military obedience.
About fifty retired generals and administrators, who
want to see a return to traditional means of gathering information from
prisoners, agree on four principles: Torture is un-American and was
long ago opposed by George Washington. Torture is not an effective
means of getting information out of anyone, although it is all too
effective in undermining a person’s trust; it is used for propaganda.
Torture is unnecessary. Finally, torture is damaging – not only to the
tortured but to the torturer and the United States itself. By
substituting the image of a hooded man for that of the Statue of
Liberty, we endanger ourselves.
Gita Gutierrez, who deals with detention and torture
in Guantánamo and the CIA, spoke of that prison. Since its
opening on January 11, 2002, the government has detained there about
800 men and boys from forty different countries; they were picked up
all over the world, including places of peace; of these, 55 percent
were noncombatants. They ranged from ten to eighty years old, although
many of the kids were shipped out before lawyers got there.
Guantánamo is, said Ms Gutierrez, a legal turning point in our
legal system and the tip of the iceberg of the prison system we’ve
built. In respect to our practices of torture and indefinite detention,
she has tried to get other countries to bring war crimes accusations
against Bush’s government.
These prisoners have not been treated as
prisoners-of-war and or in accordance with the Geneva Conventions.
Instead, they have been subjected to severe physical and psychological
harm, such as is used to dehumanize inmates in our federal prison
system: months-long isolation, threats from dogs, physical stresses and
sexual and religious humiliation, sleep deprivation for days – all
attested to by government documents. This program ended when it
was discovered and made public by Alberto J. Mora, at the time General
Council for the U.S. Navy.
Jonathan Hayfetz followed up this report to say that
Guantánamo
was designed to put the system outside the law. Throughout the prison’s
history, the government has resisted any meaningful process for the
detainees. Indeed, it constitutes a system of torture and infinite
detention, a system that extends across the globe; and even if it is
closed, he believes that aspects of its policies may remain. He
discussed how the Center for Constitutional Rights initially challenged
the administration’s plan to deprive the detainees of the right to
habeas corpus, that legal safeguard that has been in force for four
hundred years and was voted directly into the Constitution. This effort
was ultimately successful in 2006 with the Supreme Court’s rejection,
in Hamdan v. Rumsfeld, of the
administration’s attempt to deprive the detainees of these rights.
In Dr. Allen Keller’s experience with its victims,
torture has significant and long-range health consequences, both
physical and psychological. He has treated over 3,000 Muslim women and
children from many countries for many forms of abuse. There is no way
you can do waterboarding, he said, in a controlled manner. It and other
techniques of enhanced interrogation, the government’s euphemism for
torture, are horrifying. Torture is, he said, a moral issue as
well as a health issue. Although
torture is rationalized as necessary to maintain order and stability,
the moral disengagement it involves undermines our health as a nation.
He, too, said that it has made the world more dangerous.
As for what we can do, remember what brave Alberto
Mora said, “The debate isn’t only how to protect this country. It’s how
to protect our values.” Attend such events as this one and tell other
people about the issue. Educate yourself and support those working on
it. Show films. Write or visit your Congressional representative and
senators.
|
|
|
|