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Torture has been a part of society since the beginnings of civilization. Popularized by the Romans in the early days of their empire, it became a widespread method of enacting vengeance upon those who had done the government wrong. However, since those days, the globe has progressed tremendously trying to put an end to the horror that is torture. Unfortunately, it has crept back into our society in what the former Bush administration describes as enhanced interrogation techniques. Even though the name is different the methods have not changed much, the main difference being that we have moved from the era of physical torture to a new style of psychological torture. Torture today in American society needs to be put to an end. It is ineffective, inhumane, illegal, and most, importantly it is never justified. Acts of torture violate our founding fathers Constitution, destroy humans (physically, mentally, and emotionally), provide us with faulty information and shed a dark light on Americas image. These deviant acts must be ignored no longer and the people who executed them need to be brought to justice. Torture has been outdated since the mid 1700s. Cessara Becarrias Essay on Crimes and Punishments (written in 1764) revealed many of the morbid aspects of torture explaining how often times the innocent were put through pain that was unnecessary to prove a suspects guilt. Following his essay, many nations including France, Prussia, Italy and Russia abolished torture from their nations entirely. However since this time torture has changed greatly. We are now into the era of clean torture, a kind of punishment that doesnt leave marks; often done through psychological and mental means including stress positions, radical temperature changes, and water boarding. The use of torture in the modern era is most documented in the Nazi and Soviet regimes. Often used to gain false confessions or silence opposition these new forms of torture allowed the torturers to seem more humane and also kept the prisoners in fairly good physical conditioning if they were to be rescued or to escape. Today we have advanced beyond torture

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primarily due to the international treaties against it including the Geneva Conventions and the UN Convention against torture. However, many of these outlawed techniques are coming back into full view, especially in the current War on Terror (Pfiffner). There is clear evidence that the Bush Administration authorized torture in multiple locations including Abu Ghraib prison and Guantanamo Bay prison. To avoid calling it torture, the Administration, advised by numerous lawyers, developed the term enhanced interrogation techniques. These techniques, based on the understanding of the lawyers, can include any methods except those that would produce organ failure, or death. Primarily they used clean torture, developing a list of 18 techniques to be used in the interrogation of suspected terrorists; some included: 4. Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions. 5. The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water. 6. Water Boarding: The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner's face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.(Esposito and Ross). These techniques of sensory disorientation and self inflicted pain couple with the attacks on Arab cultural sensitivities that were seen at Abu Ghraib where Muslim prisoners were put on leashes like dogs and stripped down naked to abuse them psychologically based on their cultural norms (McCoy). This psychological torture may not leave physical scars but it does leave mental, emotional and psychological ones, which few victims of torture are ever able to rebound from; they are stripped of their dignity and often can never live a normal life again. These procedures must be stopped if we are to protect our nations values and our people

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During the entirety of the Bush Administration they have made torture acceptable by redefining it as Enhanced Interrogation Techniques. By reworking the laws and interpreting them in a morbid manner they authorized the use of the techniques believing that they would not be liable if investigations were done and they called these inhumane techniques they called Constitutional (Alter). The constitution of the United States clearly outlaws torture. There are three clear examples, the first being in the seventh amendment which states: nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. Torture is a prime example of testifying against oneself because it is most commonly used to extract confessions, usually false ones. Also, suspected terrorists in our prisons today do not have rights, which clearly violate our Constitution and the Army Field Manual. They have a right to face a jury and be judged in a court of law. The second example of how torture violates the Constitution comes in the eighth amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (Ward). Often times in cases of suspected terrorists these people are held for up to three years without any clear accusations against them, just hunches Another key violation is that these suspected terrorists never have a chance to collect witnesses on their behalf; the system is completely biased against the suspect. Probably the grossest violation of all, and a clear reason why torture should be abolished, comes in the Tenth amendment nor cruel and unusual punishments inflicted. Torture is the epitome of cruel and unusual punishments. A clear example would be water boarding, a technique created

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to make a person feel like they are drowning. An example of this is told here by Henri Alleg who, during the French Battle for Algiers, was tortured; he described the experience in a few words, I tried, by contracting my throat, to take in as little water as possible and to resist suffocation by keeping air in my lungs for as long as I could. But I couldnt hold on for more than a few moments. I had the impression of drowning, and a terrible agony, that of death itself, took possession of me (McCoy). This process of water boarding is cruel and unusual. It is only used on the most high profile suspects but the illusion it gives of death again and again can cause psychological damage that scars a person forever. More importantly the information they give up from procedures like these is often false. The Bush Administration during its eight years in office authorized various interrogations to extract information. Based off this information they sent thousands of soldiers abroad and issued numerous terrorist warning at home, all of these acts were justified by the confessions of tortured terrorists, which they told the public, provided high level intelligence that was crucial in the War on Terror and the safety of Americans everywhere (Pfiffner). Contrary to popular belief and the fact that the conservative media, government, and military tell us otherwise, to date there are zero confirmed cases of intelligence gained through torture that have saved American lives. This is a crucial piece of information because it refutes the oppositions argument that intelligence is gained through the process of torturing terrorists. Actually, there is evidence that intelligence based on torture is actually a threat to our national security. Many terrorists have been taught, much like our soldiers were in World War II and Vietnam, to give up false information when being tortured rather than information that is accurate. One example of this would be the case of Abu Zubaydah, a suspected terrorist tortured for information. The records of his time at Guantanamo states that he was, water boarded, beaten, threatened, subjected to

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mock executions, and bombarded with continuous deafening noise and harsh lighting (Savage). He provided the FBI with multiple warnings of attacks that were coming, including plots to bomb malls, infiltrate nuclear plants, and put chemical weapons in water systems. Many of the terror attack warnings and alerts that the Bush Administration gave to the public were based off of these confessions. Later on it was reported in leaked CIA reports that Zubaydahs confessions were false statements given to make the torture stop. The most important case of misinformation from torture is the case of Ibn al-Shaykh al-Libbi. After being water boarded continuously and given hypothermia treatment until he couldnt feel his extremities he gave possibly the most troubling false confession in recent history, that there was a connection between Al-Qaeda, Iraq, and weapons of mass destruction. Based off this information the Bush administration proceeded into Iraq, looking to put a stop to the War on Terror and save American lives. As we now know there was no connection between the two and the CIA later discovered that al-Libbi had no knowledge of such connection or weapons and had made the story up because he was scared of further torture (Savage). This misinformation, from torture, has led to thousands of US Military and Iraqi deaths, billions of taxpayers dollars wasted, and not one American life has been saved in spite of it. Not only is torture evil and unjustified, it is a threat to the people of the US and their National Security. Torture violates the ethics of our country and also contradicts human nature. The one thing that separates us from these terrorist run enterprises is that the US is civilized. The United States goes about their business in a lawful way and our society is bound by a code of laws and ethics that we follow daily. Many, like Alan M. Dershowitz, argue that the need for information outweighs the moral and ethical arguments against torture. They believe that when there is a possible terrorist attack looming and you have a suspect in custody that it is your moral duty to

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torture them; this theory is epitomized by the ticking time bomb scenario. (Dershowitz). However, the facts and the word of the people state something very different. Since the enhanced interrogation techniques were banned in Iraq there has been a dramatic rise of almost 50% in high value intelligence. Developing interrogations that allow the well trained interrogators to respect and treat the suspects with dignity has provided the United States with rapid increase in true intelligence. One topic that pro-torture advocates have been using for years is that of the ticking time bomb scenario. What would you do if there was a bomb in New York City that was going to explode in 30 minutes; you have a suspect in custody, if he is tortured he may reveal the whereabouts of the bomb and how to diffuse it. Do you torture him? This question was asked in a BBC poll in 2006. Fifty-nine percent of people worldwide rejected torture stating clear rules against torture should be maintained because any use of torture is immoral and will weaken international human rights. Another CNN poll found that a sizeable majority of Americans disagree with tactics such as leaving prisoners hanging naked for hours and trying to make them feel like they are being drowned. It is clear that in todays society torture is a clear violation of human rights and the people of the world do not agree with such harsh treatment (Sullivan). If we do not treat prisoners in more humane ways then terrorists or totalitarian states what really separates us from the rest of the pack? There is really no difference between here and there then. Many soldiers who are practicing these techniques over in Iraq could come back and work in the police force, possibly using these enhanced techniques on Americans (Rejali). Torture must be put to an end before it spreads too far into our society and taints our moral and ethical code beyond the point of repair. Although the U.S was engaging in acts of torture the Bush Cabinet attemoted to spin the criticism. They issued statements saying that the techniques they were implementing were

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acceptable and were not in violation of the various treatises we had signed. However the only reason we were not in violation was because the Bush policymakers manipulated the laws of our sovereign country and by doing so attempted to save our countrys darkening image (Pfiffner). Torture destroys the persona of our country. Our great constitution says that all men are created equal, furthermore we have extended this line to various people of the world due to treaties we have signed including the Geneva Conventions and the U.N. Convention against torture. These treaties are signed documents that are based off a code of principles that we as a nation have committed to. Article 2, Section 2 of the U.N. Convention against torture states that There are no exceptional circumstances whatsoever where a state can use torture and not break its treaty obligations. Since we have signed this we must abide by it or our word as a nation means nothing. Violating this, like the Bush Administration has done, sheds a negative light on our country. It also decreases our role as a global power because we are adopting techniques of a totalitarian society and completely going against the rules and regulations of our Constitution. The U.S. has also violated Article 3 of the Geneva Conventions which states, Whether someone is a POW or not, he must always be treated humanely. He must be protected against torture, mutilation, cruel treatment, and outrages upon personal dignity, particularly humiliating and degrading treatment Abiding by these laws is crucial to the preservation of our countrys image. (Ransom). The court case Filartiga vs. Pena-Irala reaffirmed that torture is prohibited and that it is a violation of international law; thus meaning that that Bush Administration, their lawyers, and everyone on the chain of command down to the interrogator is liable. Since the Obama administration has come in, there have been preliminary steps taken towards possibly seeking justice. One step was the release of confidential memos between the president and the CIA concerning torture and suspected terrorists (Buchanon). These people in violation of agreements

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that we have signed as well as our own U.S. constitution must be brought to justice or America will always have a shadow over it that may not leave for a very long time. On Monday nights at 9 pm in the winter season thousands of Americans sit down with their families to watch the show 24. The show follows the life of secret agent Jack Bauer, in a series of hours it shows him thwarting bad guys, saving the day, but also the horrors of torture. Torture is often glorified in this show and in movies as well. Taken starring Liam Neeson premiered this past year and shows him torturing people to get information on the whereabouts of his missing daughter. People often applaud these men even though there means are inhumane and unjustifiable. It is time to end this age of ignorance, and have the U.S. and its citizens open their eyes to the horrors of torture. If we do not take a stand now it will continue and corrupt our society even further, destroy our constitutional values and send the image of the American dream spiraling downwards. We must stand up against such evil methods and abolish the toleration impulse from our society so that freedom, the fundamental value that our great nation was built on, can reign supreme. It is also our duty as Americans to prosecute those who partake in torture to the fullest extent of the law; from the high power executives who have authorized it all the way down to the interrogators who acted on the orders. Hopefully we can shed this dark shadow from our country; and leave us a shining hope for the future.

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Works Cited Alter, Jonathan. "Cheney's Tortured Logic :He wants to redefine the Constitution.. " Newsweek 14 Sep. 2009: ABI/INFORM Global, ProQuest. Web. 30 Nov. 2009.

Barnet, Sylvan, and Hugo Bedau. Current Issues and Enduring Questions A Guide to Critical Thinking and Argument, with Readings. 8th ed. Boston: Bedford/St. Martin's, 2007. Print.

Buchanan, Pat. "Is Torture Ever Moral?" Proquest Online. ProQuest, 28 Apr. 2009. Web. 17 Nov. 2009.

Dershowitz, Alan M. "Yes, It Should be "On the Books"" Barnett and Bedau 806-08.

McCoy, Alfred W. "The U.S. Has a History of Using Torture." History News Network. Web. 23 Nov. 2009. <http://hnn.us/articles/32497.html>. Pfiffner, J.. "The Contemporary Presidency: Constraining Executive Power: George W. Bush and the Constitution. " Presidential Studies Quarterly 38.1 (2008): 123-143. Research Library, ProQuest. Web. 30 Nov. 2009.

Rejali, Darius. "Torture, American style." The Boston Globe 16 Dec. 2007. Print. Ransom, D.. "Human rights in a time of terror. " New Internationalist 1 Jan. 2008: CBCA Complete, ProQuest. Web. 30 Nov. 2009. Savage, Charlie. Takeover The Return of the Imperial Presidency and the Subversion of America Democracy. Boston: Little, Brown and Company, 2007. Print. Sullivan, Andrew. "The Abolition of Torture." Barnett and Bedau 820-829. Ward, A.. "Power Play: The Bush Presidency and the Constitution. " Rev. of: Presidential Studies Quarterly 39.4 (2009): 951-954. Research Library, ProQuest. Web. 22 Nov. 2009.

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