Now
You've Admitted Torture, Can We Please Have the Torturers for Trial!
On December 9, 2014, the US Senate
released the executive summary of a
report into the Central Intelligence Agency's Detention and
Interrogation Program. The report, commonly known as the CIA Torture
Report, acknowledges that the US CIA mounted a campaign of torture
against terrorism suspects held in detention following the Sept 11,
2001 atttack on the World Trade Center. This program of torture was
sanctioned
at the highest levels of the US government and continued until at least
2006. The torture was carried out at so-called black sites,
a network of some fifty secret prisons operated by the CIA
outside US territory and legal jurisdiction. In many cases the torture
victims were kidnapped and transferred to these black sites with the
knowledge and cooperation of US allies.
The release of the report by the US Senate has provolked
an international furore, with comment and outrage expressed all
around the world. However, remarkably, the US has remained silent with
regard to prosecution of those who authorised and
implemented this systematic campaign of torture. President Obama,
while distancing himself from the policies of his predecessor, George
Bush, had prior to the release of this report declined to prosecute
officials
involved in the US torture campaign. On the release of the report he
incredibly sought to place America above other nations,
saying:
"One of the strengths that makes America exceptional is our willingness
to openly confront our past, face our imperfections, make changes and
do better"
By contrast, the United Nations Special Rapporteur on
Torture, Juan Mendez, found considerable
justification to castigate the US over
its treatment of these prisoners. In a news
release issued in the wake of the Senate
report he stated:
"...the example set by
the United States on the use of torture has been a big draw-back in the
fight against such practice in many other countries throughout the
world...as a nation that
frequently calls for transparency and accountability in other
countries, the United States must rise to meet the standards it has set
both for itself and for others...the
former administration aggressively and repeatedly rejected the
principles of transparency and accountability and maintains the pattern
of denial and defense."
The UN Special Rapporteur went on to call for investigation
and
prosecution of those responsible. This is by no means the first time
the fearless diplomat has accused the United States of torture. In
October, 2013, he called the use of extended periods
of solitary confinement, routinely used by the US prison authorities
torture (read UN
Accuses US of Torture).
The technique has been extensively used against members
of the Black Panthers organization, the radical US black movement of
the sixties that fought for equal rights for US blacks.
In a separate statement (UN official
calls for prosecution of CIA, US officials...), the UN's
Special Rapporteur on Human Rights and Counter Terrorism, Ben Emmerson,
has also called for the prosecution of those US officials responsible
for torture. “States are not free to maintain or permit impunity for
these grave crimes,” Mr. Emmerson said.
This CIA torture
acknowledged by the Senate is separate from earlier revelations of
widespread torture by the US Department of Defense in Iraq (and now
allegedly in Afghanistan) at the notorious Abu Ghraib and Bhagram
prisons. The two sets of torture are however linked by authorisation
through a common chain of command leading up to former US President
George Bush.
That the US, the self-proclaimed champion of democracy and
human rights, would imagine it possible to maintain its credibility and
standing in the world whilst failing to punish citizens on its soil
responsible for terrible human rights abuses speaks volumes not only
about its
innermost thoughts about human rights but also about the respect it has
for world opinion.
However,
as egregious as the US authorities actions have been in this
regard, the international community has questions
almost as serious to
answer. The torture was carried out on European soil, with the
knowledge and complicity of European authorities. For all their
sanctimonious preaching to Africa about democracy and human rights, the
Europeans have remained silent about these abuses. They are not even
admitting their role, let alone apologizing for it, let alone
prosecuting those who were complicit in the abuses.
The Europeans bear a huge responsibility in these crimes, because
they were complicit in them, but questions need to be answered by many
others. The essential facts of this torture were known well before now.
Why
only now, after the release of the US Senate report, do we have this
great outcry? Are the blind eyes suddenly sighted? Has the world no
independent voice? What did the Pope say when
he first heard about these abuses? What about the other world religious
leaders, what did they say? Did they condemn torture before the Senate
report or after or not at all? What about the press, the BBC with its
worldwide
reach, such a crusader on issues dear to its heart. How come they now
spend so much time soulsearching these ghastly crimes, when actually
they knew about them years ago? What about the United Nations
Security Council, which had the essential details of this report long
ago? What statements were issued, what discussions were held?
The ICC,
so vigorous in its recent pursuit of Kenyan President Kenyatta, what
steps have they taken before or after the US Senate report? Is it that
condemnation and prosecution are reserved only for leaders of
poor African countries? It is easy to condemn a Laurent Gbagbo or a
Robert Mugabe for holding on to power. They doubtless have sincerely held beliefs in the same
manner as the authorities in Washington do. It is easy to villify an
Omar El
Bashir or a Pol Pot. In the flush of World War II victory and now, it
is easy to
call
Hitler an evil dictator. The greater challenge always is to identify
and
confront evil when the perpetrator looms large within you. History is
littered with examples of self-censorship in the face of oppressive
power.
The overriding lesson to be drawn from the US Senate report, is not how
evil, hypocritical and callous all
countries, including the powerful nations of the West, can be
but how timid and weak the counterbalancing institutions of the world,
the United Nations (notwithstanding the lonely efforts of Juan Mendez
and Ben Emmerson), the religions, the judiciaries and the press are,
when confronted by the powerful. Their morality, the world's morality,
are ensnared in Washington's vise.