I read a very interesting book on the weekend, called “What’s Left?” by Nick Cohen. And then on Monday night I saw a documentary on Four Corners about torture, including the use of torture at Guantanamo Bay. This post is going to be a pastiche of my impressions of experiencing both of these things in a short amount of time. I was commenting on various threads, but found I was repeating myself, and wanted to go into things in more detail than I could manage in a comment.
As I have outlined, I tend to follow my own path, and I do not follow left wing or right wing orthodoxy blindly. It sounds like Cohen’s book arose out of the same process. I laughed with recognition when I read the following:
I still remember the sense of dislocation I felt at 13 when my English teacher told me he voted Conservative. As his announcement coincided with the shock of puberty, I was unlikely to forget it. I must have understood at some level that real Conservatives lived in Britain – there was a Conservative government at the time, so logic dictated that there had to be Conservative voters. But it was incredible to learn that my teacher was one of them when he gave every appearance of being a thoughtful and kind man. To be good you had to be on the Left.
When I was young, I briefly dated a guy who was much more right-wing than I, in a libertarian sort of way. He kept questioning why I believed as I did. “I think unions are good,” I would say naively and trustingly, and he’d say, “Why?” and then come out with all these reasons why unions could be negative. Then I’d have to try and justify my beliefs to him. I don’t think I’d ever thought about it before. I’d just presumed that my beliefs were the beliefs that all good and fair people had. Although I found it very confronting at the time to have my beliefs questioned, I am glad that I went through that process. It made me see that I hadn’t thought things through properly.
Cohen’s book essentially argues that the focus of left wing liberals should be the fight against totalitarianism, torture, sexism, homophobia and racism, but he feels that this has been forgotten by some on the left in recent years.
He notes that up until 1990, there was widespread left-wing support in Britain for the Kurds and Iraqis who were trying to fight the regime of Saddam Hussein. However, once Iraq became the enemy of America, the Kurds and the Iraqis found that the support dried up, and many left-wing groups concentrated on protesting about the American intervention in Iraq instead. In so doing, he argues that they sidelined the torture, intimidation, murder and genocide of the Iraqi people at the hands of Hussein.
This leads me on to a discussion of the Four Corners documentary about torture. The ABC website has the following description of its content:
Deliberately inflicting pain and humiliation on human beings is no longer something only Third World dictators do. The First World is starting to get its hands dirty.
In the war on terror, might it be justified?
Torture remains illegal worldwide. However the US has narrowly defined torture to allow a suite of coercive interrogation techniques, while giving immunity to interrogators and shutting redress for detainees. And with apparent acquiescence of other western powers, it has spirited terror suspects to third countries where they have been repeatedly tortured and questioned.
Thus far, the documentary looked a little at torture in general, but focused on the treatment of detainees at Guantanamo Bay by the US. On a few of the blogs I read, there has been a bit of a debate about whether this shows an anti-American bias.
Cohen explores this very phenomenon. He says:
God and the devil dwell together in the detail of great crimes. The more you know about monstrosities the more likely you are to make a commitment to fight them. For it is one thing to hear the screaming paranoia in the speeches of a dictator and realize that life in his country must be grim, quite another to know the names of the camps and of the torturers and the details of what they do to the camps’ captives.
He continues:
‘For every nugget of truth some wretch lies dead on the scrapheap,’ said H. L. Mencken. In his extravagant way, he had it right. Getting uncomfortable facts on to the record is the toughest struggle for journalists in democracies…
Consider how much tougher it is to get to the truth in a dictatorship where the penalty for saying a word out of turn is death. Asymmetries in access to information have the paradoxical effect of making it easier to expose the abuses of power in open societies than dictatorships. Daniel Patrick Moynihan, a former US ambassador to the United Nations, came up with ‘Moynihan’s Law’ to encapsulate the distorted vision that follows. It holds that the number of complaints about a nation’s violation of human rights is in inverse proportion to its actual violation of them. To put it another way, you can find out what is happening in America’s prison cells in Guantanamo Bay if you work very hard, but not in Kim Il-Sung’s prison cells in Pyongyang.
So the documentary concentrated on the US because, however flawed its practices may be, it is still a liberal democracy and there has to be some kind of scrutiny of its behaviour. Lawyers have to pass opinions on whether its practices are legal, the press has to be allowed at least some access to the detention facility, there have to be agreed detainee interview protocols and the like. Furthermore, people are free to comment adversely against the US processes without being killed. I have no time for Bush Jr, but on the positive side, he hasn’t sent his cousin to gas villages of people or ordered anyone’s tongue nailed to a post for speaking to the media. Okay, that’s not much of a positive, but it’s something.
However, what of al Qaeda or other jihadist movements, for example? Well, Four Corners would not be able to talk to Al Qaeda lawyers. There would be none. Nor could they talk to Al Qaeda interrogators or film captured Al Qaeda prisoners. Any journalists who tried to infiltrate it for information might be killed or kidnapped. Such organisations do not care whether torture is illegal. They do not care about UN conventions.
Hence the focus on the US. You can get information out of the government, and some good interviews and pictures. Furthermore, the US professes to respect human rights and to be “the” premier liberal democracy in the world, so its position on torture is, in my opinion, hypocritical. Everyone loves to point out hypocrisy. But Cohen’s book reminds us that by focusing on this issue, we on the liberal left may also become hypocritical.
Personally, I think that any torture should be condemned. It doesn’t matter whether the perpetrator is the US government, a totalitarian regime or a terrorist group. It is important to scrutinise the US, because it upholds ideals and should be made to keep to them. I don’t want to apologise for the US. And at least with public pressure such practices can be stamped out, and Bush can be voted out. So it is important to keep up the pressure.
But…
We have to remember that there are authoritarian regimes where the perpetrators can’t be voted out and we can’t easily see what kind of torture is going on. What to do then? Do we ignore the question and focus on the wrongs of our own leaders, demonising them? Or do we face up to the issue and try to support people who want to find a way of deposing authoritarian rulers who torture their citizens? I prefer the latter option. It’s the hard option, not the easy option, but who said life was easy?
The next question, then, is: what is torture? Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states:
…”[T]orture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
I think that this definition provides a good starting point. Clearly hanging people from beams by the arms, beating them, putting pins into them etc to obtain confessions is torture. Clearly, also, although it is undoubtedly unpleasant, incarcerating someone for committing a crime is not torture. It is a lawful sanction which society agrees is appropriate for the protection of other members of society, for the punishment and rehabilitation of the perpetrator and in order that the victim or the victim’s family feels that there has been just retribution.
However, to my mind, there is no doubt that sensory deprivation, waterboarding, locking people in coffin-shaped boxes, making people stand hooded with arms outstretched for hours and the like is torture. Just because there are no marks on the person’s body doesn’t mean it isn’t torture. It sends a person mad, and creates great mental suffering. Personally, I’d almost prefer needles to my flesh than being put in a coffin-shaped box and left there. Hopefully I will never be confronted with that choice.
What about shouting loudly? Or putting underpants on a person’s head? Or telling a person they are a pig when the interrogator knows that the person hates pigs? I think this kind of conduct is totally inappropriate, but I would not go so far as to say it was torture. There is a fine dividing line – for example, if someone threatened to harm a family member of a detainee, that is torture. Or if someone has a terrible fear of spiders, and the interrogators cover him in spiders? That is also torture. (Ugh. I’m having a moment of attercoppaphobia.)
There is an unpleasant feeling of vengeance about the use of torture against Guantanamo detainees. Sure, most of them are probably horrible people who would have shed no tears if we were all blown up by terrorist bombs. But the important thing is to distinguish ourselves from these people by our humanity, not to stoop to their level. Many of them have been incarcerated for years, and could hardly produce any up-to-date information anyway.
Further, as one of the CIA operatives was explaining, torture is notoriously unreliable. On a pragmatic level, one may as well administer truth telling drugs. According to that font of knowledge, Wikipedia, they aren’t very reliable either, but they’re just as likely to produce results as torture. If there is a desperate emergency and peoples’ lives hang in the balance, I think that this would be a better course of action.
Portions of the works that are quoted and/or reproduced above are “fair dealing for the purpose of criticism or review” (Section 41 of the Copyright Act 1968 (Cth)).
The Leunig cartoon is reproduced to illustrate the kind of left-winger I think Cohen is talking about. I’m not saying all left-wingers are like that. I’m not!
The Legal Soapbox 