Today’s big news in the US is the most explicit admission yet from within the administration that a detainee at Guantanamo Bay — Mohammed al-Qahtani, sometimes referred to as the “20th hijacker” from 11 September — was tortured. Susan Crawford, convening authority for the military commissions, bluntly told the Washington Post‘s Bob Woodward (yes, that Bob Woodward) that “His treatment met the legal definition of torture.”
This is just the most striking indication of how big a problem the whole Guantanamo issue is going to be for the incoming Obama administration. Sources close to Obama have promised that one of his first official acts will be an executive order to close the prison, but no-one expects implementation to happen overnight; the president-elect’s recent statements suggest that he regards closure as a difficult and gradual process.
It’s true that there are some practical issues to sort out, but the real problems are political. As with many areas, getting good policy is really not that difficult. The difficulty is summoning the political will to implement it.
That’s the lesson that I’ve taken from a Cato Institute conference, “Shaping the Obama Administration Counterterrorism Strategy“, held this week in Washington. Experts from a range of backgrounds displayed a high degree of consensus on what constitutes effective policy to combat terrorism. But although there were ideas about how government should communicate with the public about threats, very little was said on how experts can communicate to government to get good policy adopted in the first place.
It’s a difficult problem, not just because politicians care about re-election at least as much as they care about effective policy, but also because a large part of their constituency has very different ideas about what effectiveness means.
This is a country where revelations of torture do not evoke universal revulsion, but rather much of the political class is willing to argue quite explicitly that torture is effective and should be continued.
Any number of experts will tell you that this is nonsense; that in addition to its moral repugnance torture produces unreliable intelligence, not to mention flow-on effects that discredit the country responsible and make life more dangerous for its agents. But policy-makers with a different agenda have shown a consistent ability to ignore expert opinion.
So Obama needs to do two sorts of things. First, there are specific measures like closing Guantanamo and ensuring that the torturers are found out and prosecuted.
But more generally, and perhaps more importantly, he needs to re-orient the American government so that it listens to people who know what they’re talking about. Then it might adopt policies for the future that will fulfil their goals instead of pandering to irrational prejudices.
I believe in this particular case Susan Crawford, and she should know, admits this particular individual was subjected to torture. In her own words, “His treatment met the legal definition of torture.” Although the Crikey article makes only a passing reference to the types of torture, the full Washington Post story gives great detail including twice the prisoner was rushed to hospital near to death. I have no problem with the person being incarcerated, I have a major problem with America using torture as defined in the Geneva Convention as means of obtaining information. It’s illegal, against the law and let us not forget, outgoing President Bush has denied to this day any detainee was tortured. “America does not use torture”, his words not mine. Strangely VP Chaney has admitted waterboarding was used at least twice, perhaps the entire Bush administration forgot to tell the President? I suggest playing the 8min video from the Jon Stewart Daily Show, featured in todays Crikey edition item 6, its very enlightening and entertaining.
Oh I meant to add that Bob Woodward, with his so called “explosive” story, front of the Washington Post as described by AM this morning, seems to be a messenger for the Establishment these days. They want to make space from W who is seriously decomposed. Wood has got the fame and the cred of Watergate 30 years stale. Now his name is a brand on any stuff. Best to look at the ingredients: Obviously the scandal is getting an official run days out from the W Bush hand over.
Who is playing political angles here? Who wants to be seen as whistleblower when the game is up already? Who wants to get ahead of the curve when it blows after the seriously educated lawyer guy gets hold of the breaches of habeas corpus – only in the jurisprudence for 500 years?!!!!! Methinks some rats are getting nervous as the rotten planks crack and twist on the frame of good old ship George. W might have his own David Frost moment in the klieg lights yet.
As I was saying the movie Rendition is based on admissions of CIA agents in the research of the movie out in 2007, again based on plane spotter hobbiests etc. When A gives B over to C knowing C will torture B, according to basic criminal law principles that makes A an accessory to the crime of torture committed by C. They are both evil bastards.
You can talk about slipping the jurisidiction etc but I don’t buy it. At some point while in the jurisdiction actions were taken to progress the torture by someone else. Even leading the guy onto the plane in the USA. Even signing the release form in the govt office release to a certain country. What was the intention? You DO torture if you facilitate someone else to do it. You do.
All this covert outsourcing looks to be a crime to me with accessories all over the place. My guess it will blow in weeks or months to follow.
If you liked The West Wing you will probably enjoy Rendition set in a “North African Country” and it deals with the issue of torture without being disgusting. Productions values are high. They had research from real CIA agents in the making of it as per the director’s commentary.
While it is entirely correct that Guantanamo camp should be closed and the torturers therein (and their political masters) held accountable it would be an error just to focus on the Cuban camp. There is reliable evidence that the same type of policies (torture, detention without trial, manifold breaches of the Geneva Conventions etc etc) are also carried out at Bagram Air Base in Afghanistan and who knows how many other places.
Even if Obama keeps his promise to close the camp and not carry our torture the overwhelming probability is that the Americans will simply outsource the torture to others as they have done for decades past.
It would be naive to think that Obama really means change we can believe in.
As for the arguments put forward by John James it is difficult to believe that someone can be so ill-informed as to advance such long discredited arguments.
Points well made Tom.