Before the Bradbury memo on May 30, 2005, and before the Bradbury memo on May 10, 2005, and before the other Bradbury memo on May 10, 2005, there was the testimony of Douglas A. Johnson, executive director of the Center for the Victims of Torture, at the January 5, 2005 confirmation hearings of Alberto Gonzales to be Attorney General.
First, let’s let Johnson introduce himself:
The Center for Victims of Torture was established in 1985 as the first specialized institution in the United States to provide rehabilitation to victims of government-sponsored torture and to work for the abolition of torture. As CVT’s Executive Director for 16 years, I offer to you our expertise and experience about the realities of torture.
Sounds like someone who might be worth listening to, if you were going to write legal memos on the line between interrogation and torture, and the usefulness of what is obtained through such tactics. Johnson testified about the physical, mental, and social toll torture exacts on its victims, based on their experience with "more than 7500 people from 80 different nations." Indeed, torture’s effects go beyond the harm to the individual and infect entire communities (emphasis added):
We know that torture can profoundly damage relationships between family members and between the victim and their community. This level of trauma affects future generations, as we see higher rates of suicide and depression among the children of survivors. Torture is said to be one of the most effective weapons against democracy as survivors usually break ties with their community and retreat from public life.
Speaking of the Bybee memo of August 1, 2002 and other documents known at the time, Johnson went on:
The White House Counsel memoranda are replete with legal errors, political miscalculations, and moral lapses. They disregard the human suffering caused by torture and inhumane treatment. They are based on faulty premises, even fantasies, about the benefits/payoffs of torture. What is striking about all of these memoranda is the lack of recognition of the physical and psychological damage of torture and inhumane treatment. The assumption behind the memoranda, particularly the Bybee memorandum and the later report by the Working Group on Interrogation, is that some form of physical and mental coercion is necessary to get information to protect the American people from terrorism. These are unproven assumptions based on anecdotes from agencies with little transparency. But they have been popularized in the American media by endless repetition of what is called the “ticking time bomb” scenario.
Indeed, BushCo apologist David Rivkin was still trumpeting this nonsense on Fox yesterday. But instead of unproven assumptions and assertions by lawyers, Johnson pointed to eight broad lessons CVT has learned about torture through treating its victims:
1. Torture does not yield reliable information.
2. Torture does not yield information quickly.
3. Torture will not be used only against the guilty.
4. Torture has a corrupting effect on the perpetrator.
5. Torture has never been confined to narrow conditions.
6. Psychological torture results in long-term damage.
7. Stress and duress techniques are forms of torture.
8. We cannot use torture and still retain the moral high ground.
(CVT explains these eight myths more fully here at their website.)
Despite this testimony from the head of one of the most prestigious medical facilities for the treatment of torture, Bradbury and his colleagues persisted in perpetuating these myths to justify their use by others. (Scientists whose work they misrepresented are not at all happy about that.)
But if Johnson’s testimony was a warning to the Bush DOJ that went unheeded, his testimony also serves as a warning to the Obama administration:
In global human rights campaigns against torture, one key focal point is the minister of justice or attorney general, who has three important roles: (1) to establish policies and procedures that diminish the incentive to use torture, such as regulating the role that confessions play in the overall administration of justice; (2) to prosecute or sanction torturers or persons who ill-treat detainees, and (3) to eliminate both the reality and the appearance of impunity among interrogators.
Attorney General Holder, are you listening?



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These atrocities need to be prosecuted, period.
The people responsible for these reprehensible acts need to be held accountable.
We , as a country, hunted down and prosecuted and then executed persons guilty of torturing prisoners of war after WWII, I expect no less for anyone who has done so from our own government.
This is but one aspect of the Bush administrations transgressions but it is by far the worst.
By the way, great post Peterr.
And the truth shall set you free.
Seems we have been completely been living a lie that started with
Bush was elected in 2000 lie
The 911 lie
The yellow cake lie
the WMD lie
The we don’t torture lie
No man is above the law lie
Thanks.
A black Lutheran pastor and acquaintance of mine was a patient at CVT after being tortured in South Africa years ago during the apartheid era. Reading these memos brought to mind the work of CVT in dealing with torture — and it was apparent that Bradbury has no clue about how torture affects people.
To our everlasting shame not one person will be prosecuted for these horrors. Those congressmorons who were in Congress during any portion of the Shrub/Darth years and still in Congress don’t have the political or personal will to investigate, much less prosecute, these people. If they did they would be seen as hypocrites, nay, accomplices, because of their acceptance of the policies. The same goes for DOJ.
Outstanding post, Peterr. Thank you.
I have heard several “sensible” voices since yesterday talking about why non-prosecution is correct…Where are the loud voices for the rule of law? Who would be the most articulate voice to galvanize people?
You’re welcome.
You might want to hit the “share” button at the bottom of the post, and pass the post on to your member of Congress, senators, media folks, and others.
Peripherally, it’s clear, to me at least, Bybee actions were unethical at a minimum. Since Congress has long since abrogated its charter and doesn’t have a collective backbone to pursue impeachment of Bybee, can he be disbarred, and if so how would that affect his standing as a Federal Judge?
You just sent my brain into overdrive.
Thanks to SD DIGG has been opened for your DIGGING pleasure… be sure and wear a hat it is getting hot out!
Well, that sounds good…I wish mine would get there. I think most of those arguments I have heard assert that it would be hard to prove this stuff is torture and what it would do to the country. Where is the cry for morality and the rule of law? I guess it raises the question about where/who are our statesmen? Apparently, Panetta was initially in the rule of law camp…but changed his mind, is what Ive heard.
The president has set up a scenario that could, in the future, result in his administration being forced to prosecute these guys, by the weight of public opinion and evidence uncovered by congressional committees. Likely there will be a special prosecutor appointed, perhaps a republican, who can take all the heat and Obama can continue with his agenda. Right now, if the administration and the Justice Dept. takes the lead on this then Obama will take all the heat from the right claiming that he is prosecuting patriots and it will stall his progress. He gets to have it both ways with this tactic and I like it! It is our job to keep the heat on congress or the gambit will fail.
I’d like to see the actual perps prosecuted but I’ll settle for the policy makers if that’s all we can get but that won’t keep me from bitchin’ about it. Trying to come up with a person who could really light a nationwide fire on this is not as easy as it sounds. Colin Powell could do a lot to redeem his honour by taking this on.
I would just love to see Bush, Cheney and Rumsfeld prosecuted for War Crimes and crimes against Humanity! That would cause a cascading effect as the truth of what was done would come to light and more would then be seen as being co-conspirators and could also be prosecuted for their crimes..
they left out a couple of themost important;
9. torture increases insurgency and insurgents
10. torture turns you alies into your enemies
11. torture prevents those sympathetic to your cause from coming forward
And does keeping the heat on mean our “own” people, such as they are, or those who are speaking out, as you see it? I understand the strategy; I hope it works.
Every one involved must be removed ASAP no exceptions, treat this as a wildfire cancer.
What we are witnessing is not criminal behavior but rather a treasonous assault against the ramparts of our democracy and the remedy is a wholesale cleaning of DOJ and CIA and Dick Cheney in solitary lockup with no contact with any government agent. Every one who swore not to cross the line and did can never be trusted again.
Doubt if we will ever see any prosecutions. Best chance is if something comes up that inflames public opinion and Obama names a gooper special prosecutor. The odds are slim. Most americans really don’t give a shit what Bush did to “terrorists”- sad but true. Obama has an ambitious agenda and limited capital He’d rather spend it on health care than on sending a bunch of CIA and military types to prison. Actually prosecuting Bush is probably politically impossible.
” The United Nation’s top torture investigator has suggested it is illegal under International law for President Barack Obama to announce that the United States government has no intention of prosecuting low-level CIA officers who carried out torture sanctioned by the Bush Administration.
“Like all other contracting states to the UN convention against torture, the US has committed to conduct criminal investigations of torture and to bring all persons to court against whom there is sound evidence,” Manfred Nowak, the UN’s Special Rapporteur on torture, told Austrian weekly paper Der Standard.
“They are party to the convention and the convention is very, very clear,” Nowak told the paper. “The fact that you carried out an order doesn’t relieve you of your responsibility.” “
http://rawstory.com/08/blog/20…..ional-law/