Broken Laws, Broken Lives

In this morning’s New York Times, columnist Nicholas Kristof responds to Major General Antonio Taguba’s call for accountability in the Preface to Broken Laws, Broken Lives.

When a distinguished American military commander accuses the United States of committing war crimes in its handling of detainees, you know that we need a new way forward.

“There is no longer any doubt as to whether the current administration has committed war crimes,” Antonio Taguba, the retired major general who investigated abuses in Iraq, declares in a powerful new report on American torture from Physicians for Human Rights. “The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”

The first step of accountability isn’t prosecutions. Rather, we need a national Truth Commission to lead a process of soul searching and national cleansing.

That was what South Africa did after apartheid, with its Truth and Reconciliation Commission, and it is what the United States did with the Kerner Commission on race and the 1980s commission that examined the internment of Japanese-Americans during World War II.

Today, we need a similar Truth Commission, with subpoena power, to investigate the abuses in the aftermath of 9/11.

Kristof lists some of the reasons why a truth commission is called for:

It’s a national disgrace that more than 100 inmates have died in American custody in Afghanistan, Iraq and Guantánamo. After two Afghan inmates were beaten to death by American soldiers, the American military investigator found that one of the men’s legs had been “pulpified.”

Moreover, many of the people we tortured were innocent: the administration was as incompetent as it was immoral. The McClatchy newspaper group has just published a devastating series on torture and other abuses, and it quotes Thomas White, the former Army secretary, as saying that it was clear from the moment Guantánamo opened that one-third of the inmates didn’t belong there.

McClatchy says that one inmate, Mohammed Akhtiar, was known as pro-American to everybody but the American soldiers who battered him. Some of his militant fellow inmates spit on him, beat him and called him “infidel,” all because of his anti-Taliban record.

Kristof mentions in passing the fundamental problem:

[T]he US military taught interrogation techniques borrowed verbatim from records of Chinese methods used to break American prisoners in the Korean War — even though we knew that these torture techniques produced false confessions.

The SERE program, through which such techniques were adapted and disseminated as a matter of policy, fostered an environment in which torture appears to have become standard operating procedure. As PHR President Len Rubenstein has said, “once torture starts it can’t be contained.” Despite the many earlier revelations, Broken Laws, Broken Lives provides medical evidence of such abuses. With only 11 former detainees as the subjects, the report may only be scratching the surface.

The truth must be told, the criminals prosecuted and, as PHR CEO Frank Donaghue emphasizes, reparations to the victims must be made, including compensation and medical and psycho-social services.

In his Saturday column in the NY Times, Bob Herbert commemorated the 21st anniversary of the United Nations Convention Against Torture, which was this past Thursday. He discussed the methodology and findings of Broken Laws, Broken Lives and called on the US Congress and on the American public to demand the full truth about post-Sept 11 US interrogation practices. Herbert’s closing paragraphs are especially powerful on the ramifications of US interrogation practices (emphasis added).

The sheer number of different ways in which detainees were reported to have been abused was mind-boggling. They were deprived of sleep, forced to endure extremes of heat and cold, chained in crouching positions for 18 to 20 hours at a time, told that their female relatives would be raped, that they themselves would be killed, and on and on. All to no good end.

The ostensible purpose of mistreating prisoners is to inflict pain and induce disorientation and despair, creating so much agony that the prisoners give up valuable intelligence in order to end the suffering. But torture is not an interrogation technique; it’s a criminal attack on a human being.

What the report makes clear is that once the green light is given to torture, the guaranteed result is an ever-widening landscape of broken bodies, ruined lives and profound shame to all involved.

Nearly all of the detainees profiled in the report have experienced excruciating psychological difficulties since being released. Several said that they had contemplated suicide. As one put it: “No sorrow can be compared to my torture experience in jail. That is the reason for my sadness.”

Congress and the public do not know nearly enough about the nation’s post-Sept. 11 interrogation practices. When something as foul as torture is on the table, there is a tendency to avert one’s eyes from the most painful truths.

It’s a tendency we should resist.