We've discussed the second question at some length on Viewpoint (See here, here, here, here, and here for recent examples) but haven't considered the first one as much.
So let's agree that torture is at least almost always wrong. If we're going to prohibit it, however, we have to have a pretty good idea what it is, especially if we risk abolishing is a useful tool in preventing terror attacks that isn't really torture.
President Bush is trying to get Congress to define torture so that we know what can be done and what can't, but he's meeting resistence from the usual suspects, including Republicans like John McCain, Lindsey Graham, John Warner, and Susan Collins. Their argument seems to boil down to this: Don't worry about what torture is. Just don't do it. Their position is quite unhelpful and more than a little ludicrous, but then they are U.S. senators.
The dictionary defines torture as the infliction of severe pain or mental anguish in order to coerce or punish. Let's apply that definition to one of the most notorious, and effective, means of coercing cooperation among people the CIA is interrogating - waterboarding. The CIA is believed to have used waterboarding in a very few special cases,a nd it's an example of the sort of thing that Senator McCain wants stopped. In waterboarding a detainee is strapped to a table, his face is wrapped in saran wrap, and water is poured over it. This somehow produces the sensation of drowning and induces panic in the person to whom it is done. It's said to be very effective in eliciting accurate intelligence, intelligence which has saved lives.
Let's set aside, though, the question of its justification and ask why we should think that this particular technique constitutes torture. What are some possible answers to that question?
Perhaps it's torture because it's painful.
But apparently there's not much pain involved, and if there were it would only be brief since people only hold out for a few seconds when subjected to it.
Perhaps it's torture because it does lasting harm to the detainee.
Evidently not. The individual is no doubt shaken but none the worse for the experience. In fact, interrogators have had it done to them just so they know what it feels like.
Perhaps it's torture because it's done to punish.
No. It's done to elicit information. Once the subject cooperates the treatment ceases.
Perhaps it's torture because it's unpleasant.
Surely an unpleasant experience, however, is not ipso facto torture. If it were, then putting someone in restraints or feeding them institutional food would be torture.
Perhaps it's torture because it frightens the terrorist.
Indeed, it does frighten the terrorist, but so does the prospect of being executed for their crimes or being put in prison for the rest of their life. Should they not be threatened with these possibilities? Why must we be so squeamish that we are reluctant even to scare people who are trying to murder our children?
Perhaps it's torture because it elicits information against the detainee's will.
It certainly does motivate the terrorist to divulge information, but the fact that they don't do so willingly is hardly reason to think that the method is somehow tainted. If it were then phone taps, etc would be torture since they are means by which we obtain information from people who would not otherwise willingly give it.
Perhaps, it's torture because some men are exerting power over another.
Yes, but so is a cop who stops you for a traffic violation, and we don't consider that torture.
The fact is that the suspect has complete control over how long the process lasts or whether it will even begin. This is an important point. The terrorist is essentially in complete control of what, if anything, happens to him. He's no more damaged when it's over than when it started. He experiences no sensation other than panic and though he's frightened, he knows that he really is not drowning. So why would waterboarding be considered torture but, say, lengthy imprisonment, which may do some, or even all, of the things mentioned above, is not?
I really have no answer to the question. It simply makes no sense to me to ban this technique, but if someone can point out something that I'm overlooking I'm certainly willing to reconsider.
