George W. Bush made history on March 8, when he became the first American President to use the veto power to preserve the right to torture. Of course, he wouldn't put it that way--he prefers to call it "enhanced interrogation techniques." That sounds so much more civilized. But what, at the end of the day, is the difference?
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Guilty of Driving a Truck
David Cole: Salim Hamdam's conviction and short sentence does nothing to repair the damage the Bush Administration has done.
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A Blow Against Gitmo
David Cole: By a single vote, the Supreme Court stood up to an Administration that has declared war on the rule of law.
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Rehabilitation, Resurrected
David Cole: This year nearly 700,000 inmates in US prisons will be granted their freedom. And in a rare act of bipartisanship, a new law provides millions to rehabilitate them.
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The Torture Veto
David Cole: Bush has made history by being the first American President to use his veto power to preserve torture.
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Justice Delayed
David Cole: The government's case against Khader Hamide and Michel Shehadeh is closed. But did the US government learn anything about its wayward two-decade prosecution of Palestinian activists?
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Why We're Losing the War on Terror
David Cole & Jules Lobel: Going on the offensive has only made us more vulnerable.
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The Real Lesson of the Padilla Conviction
David Cole: If it had followed the rule of law from the outset, the Bush Administration could have brought many terrorists to justice by now.
Waterboarding, the Administration insists, was used on only three suspects and is no longer practiced. Nevertheless, since it is the only "enhanced interrogation technique" the Administration has admitted to, it is worth exploring just why they think it's not torture. After all, we've treated simulated drowning as torture when others have used it. We convicted Japanese soldiers for using it on Americans in World War II. The State Department has repeatedly referred to the tactic as torture in its human rights reports on other nations. But when we do it, it's only an "enhanced interrogation technique."
Steven Bradbury, head of the Justice Department's Office of Legal Counsel, conceded in Congressional testimony in February that waterboarding may be "distressing, uncomfortable, even frightening" but insisted that it is not torture because it does not inflict serious physical harm and doesn't last very long. Severity and duration of pain, it turns out, are in the eyes of the CIA, or the Office of Legal Counsel--but certainly not the suspect who cannot breathe, has water in his lungs and fears that he will drown if he doesn't say what the interrogators want to hear.
It's these kinds of fallacious distinctions that led the world to prohibit not just torture in the Convention Against Torture but all "cruel, inhuman or degrading treatment." And it was just these kinds of elusive distinctions that led both houses of Congress to attempt to impose on the CIA the same restrictions that the Army's interrogators live by--restrictions that set forth clearly what can and cannot be done.
Bush says "hardened terrorists" merit different treatment from captured soldiers. But in this conflict that distinction quickly dissolves. What exactly is the basis for treating suspected terrorists differently from other human beings? The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment does not have an exception for suspected terrorists. It insists that all humans be treated equally, with respect for their inviolable dignity--even when they do not respect ours. It is nothing less than that notion of human dignity that was the real object of Bush's veto.
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