Conspiracy about torture?
Bush administration loses further moral ground
Mohammad Amjad Hossain
The third Geneva Convention on prisoners of war (POWs) spells out very categorically that POWs should not be subjected to cruel treatment, torture, outrages upon personal dignity and humiliating treatment. According to the Convention, tribunals must decide a prisoner's status. The fourth Convention also agrees not to torture protected persons that include enemy civilians in armed conflicts. And the UN Convention against torture defines torture as an act that inflicts severe pain or suffering, physical or mental. Therefore, it is banned to obtain information or a confession, by applying torture. The convention also prohibits countries from handing over captives to another state known to employ torture. Torture is universally considered as an act of violation of human rights as stated by the Universal Declaration of Human Rights of the United Nations. The United States defined torture as anything cruel and unusual under the eighth amendment of US constitution.This being the position of international conventions on torture Bush administration has been carrying out the techniques like sleep deprivation, waterboarding, uncomfortable position, shock therapy, censoring deprivation and mind game. These are used by interrogators at Abu Ghraib in Baghadad, Guantanamo Bay in Cuba, Afghanistan and other prisons in Europe to extract information. The recent disclosure by the Washington Post about CIA holding and interrogating some Al-Qaeda suspects at a Soviet era compound in eastern Europe and flying them to different places through European airspace has caused uproar in European capitals. In response to a letter by Jack Straw, Foreign Secretary of Britain and the present rotating President of European Union, Condoleezza Rice, US Secretary of State toured some European capitals to explain US policy towards inhuman treatments and covert prisons in Europe. Time and again, Bush administration has violated international law, to which the United States is itself a signatory, by sending captives to other states. The latest report in Washington Post of December 4, 2005 reveals the fact of a bungled rendition of a German citizen in 2004. Another case of torture was revealed by Italian court recently. Hasan Mustafa known as Omar, the target of an Italian criminal investigation, was whisked away by CIA operatives from Milan, who was taken to two US bases in succession and finally flew to Egypt where he was interrogated and tortured by Egyptian security agents before being released to house arrest. The Secretary of State's explanation does not appear to have the positive effect as there was uproar in British Parliament and European Parliament where lawmakers demanded thorough investigation to the allegation of CIA operatives' secret prisons and CIA's secret flights in Europe as well. According to British daily Guardian, more than 300 flights have landed at European airports to transport suspect terrorists to secret prisons in Europe. Meanwhile, Swiss Senator Dick Marty has submitted a report to the Human Rights Committee of the Council of Europe recognising the allegations that the CIA has been abducting and illegally transporting terror suspects across European borders. In ratifying the convention against torture and other cruel, inhuman and degrading treatment in 1994, US Senate defined as cruel, inhuman, and degrading any practice that would violate the fifth, eighth or 14th amendments. Water boarding and other CIA pressure methods do not necessarily violate the constitution as have been claimed by Bush administration lawyers. The fact remains that water boarding has been recognised as a torture techniques since the time of Thomas de Torquemada in the Spanish Inquisition in 14th century. US soldiers were prosecuted when caught using the method in the Philippines in 1901 or the Vietnam War in 1968. It is beyond comprehension what inspired Bush administration to conduct secret mission on torturing suspect terrorists. The report in the New York Times of December 16 about President Bush's authorisation in 2002 of surveillances on American citizens domestically has caused further damage to his image. In a radio talk on December 17 last he admitted authorising national security agencies to surveillances on Americans. Until then President Bush and Vice-President Dick Cheney began persuading Republican Senator McCain, who was prisoner of war in Vietnam and was tortured, to refrain from bringing a bill in the Senate to ban torture. The disclosure of this story has added further damage at a time when overwhelming majority in the House of Representatives comprising both Republicans and Democrats, endorsed the bill of Senator McCain to ban torture. Earlier, Senate approved the bill .President accepted in disgraceful manner as the White House was on the record of vetoing the bill. The disclosure by the New York Times of the authorization by President Bush on overseas telephone calls and e-mails of US citizens has caused serious political uproar. His decision has been challenged by both Republicans and Democrats lawmakers alike. Meanwhile, Democrat Senator Rockefeller released a hand written letter addressed to Vice-President Dick Cheney in July, 2003 objecting to the programme. Two Democrat Senators demanded a special prosecutor investigation. President Bush, however, asserted the legality of the programme under article 2 of the constitution and the congressional resolution authorising use of force after September 11, 2001 attacks. Both claims do not appear to have any justification for authorising National Security Agency surveillance on Americans citizens. This made both Republican and Democrats to refuse to extend the validity of the infamous Patriotic Act of 2001 which infringes upon civil liberty of Americans. As many as four columnists of the Washington Post in a civil liberty debate expressed their reservation. The revelation of this domestic surveillance could be compared with that of water gate scandal of Nixon for which he was impeached. With all branches of Republican dominated government at the highest levels now under indictment, under investigation or other sort of serious cloud, Bush administration is in jeopardy. Internationally Bush administration has been exposed shamelessly because of maintaining secret prisons abroad, unlawful torture being applied to detainees, unlawful detentions for unspecified time without access to lawyers and secret surveillance of Americans. President Bush's reluctant acceptance of the bill to ban torture will not improve the shattered image of the United States and she seems to have lost the moral rights to speak about upholding of human rights abroad. Mohammad Amjad Hossain, former Bangladesh diplomat, now resides in Virginia.
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