Obiter Dicta Issue 9 - January 19, 2015 | Page 12

OPINION 12  Obiter Dicta CIA Torture » continued from page 5 detainees who were subject to extreme abuse, and yet produced no or false information. Muhammad Rahim, despite excessively harsh treatment - including 138.5 hours of continuous sleep deprivation while being shackled upright - provided no intelligence information, and was eventually transferred to military custody at Guantanamo Bay. Arsala Khan was subjected to torture and sleep deprivation sufficient to cause hallucinations and paranoia; he was determined by CIA headquarters to be uninvolved with any terrorist activity and was recommended released to his village “with a cash payment.” Despite this recognition of his innocence, the CIA field officers transferred him to military custody for a further four years. Hanbali was determined by CIA officers themselves to have provided false information in order to reduce the ‘pressure’ on him, and “to give an account that was consistent with what [Hanbali] assessed the questioners wanted to hear.” One well-known detainee was Khalid Sheikh Mohammad, who was reportedly waterboarded 183 times while in CIA custody, and who subsequently confessed to numerous crimes, including masterminding the September 11 attacks, the 1993 bombing of the World Trade Centre, and the 2002 Bali nightclub bombing. His military trial has been denounced by the former chief prosecutor at Guantanamo Bay, who resigned in protest over a process he described as being tainted by suspect information obtained through torture. Interrogators described Khalid Sheikh Mohammad as being recalcitrant, as providing false information, and as only being able to confirm information that was obtained through the enhanced interrogations of other detainees when it was directly presented to him by interrogators, but they attributed this to his moral failings rather than to the expected effects of the torture itself. Many of the waterboarding sessions were conducted to obtain confirming evidence of a suspected Al-Qaeda plot to recruit and use African-Americans to conduct terror attacks inside the United States. These interrogations produced little in the way of new and valuable information, and instead reconfirmed interrogators’ views of a morally bereft and racialized enemy. In the above cases, it was the CIA interrogators themselves who concluded that the enhanced interrogations were not effective in eliciting actionable intelligence, or that the detainee provided false information under pressure. The Report has also found that the CIA did not adequately evaluate the effectiveness of its interrogation program, and either failed to keep or deliberately destroyed records and information; one official admitted that it would have been impossible to evaluate the program without violating prohibitions against human experimentation – policies that were first put in place after the abuses committed by Nazi physicians during World War II. The Senate Select Committee obtained an internal review of the detainee program prepared at the behest of then-CIA director Leon Panetta that also describes the program as being ineffective, but could not discuss it in its Report as the Panetta Review remains classified. Mark Mazzetti reports that those who have read the Panetta Review describe its criticisms of enhanced interrogations as “scorching,” and confirms that these tactics provided “little intelligence of any value.” On the other hand, the Senate Report found that the program spent over $300 million dollars in nonpersonnel costs, including $81 million dollars in ê Photo credit: nydailynews.com payments to a private company formed by the two psychologists who had originally designed the program, as well as “millions of dollars in cash payments to foreign government officials” in order to “encourage governments to clandestinely host CIA detention sites, or to increase support for existing sites.” One study by Gronke et al found that Americans’ support for torture has grown since October 2001, and by 2009, a majority of respondents began to favour the use of torture. An opinion poll conducted after the release of the Senate Report found that a majority of respondents - by about two to one - thought that CIA torture was justified, and produced actionable intelligence that saved lives. This is despite the fact that CIA director John Brennan admitted upon the release of the Senate Report that the relationship between enhanced interrogation and any information subsequently provided by detainees was probably “unknowable”. Surprisingly, while 54% found that the CIA had deliberately misled Congress and the public, similar numbers found that the Report was unfair to the CIA, and thought it was wrong to have publicly released the Report. In the end, only 20% of respondents thought that torture was never justified, whereas 76% thought that it could be, and might support its future use. Marc Thiessen is likely correct when he states that critics of torture have lost the debate, and that the idea of torture has experienced a signal rehabilitation in the minds of the American public. In this, the CIA torture was remarkably successful. In advancing an ample slush fund to enrich well-connected insiders, it was remarkably successful. In reinforcing among the American public the worldview constructed by the CIA interrogators, and in progressively dehumanizing a racially-constructed enemy ‘other,’ it was remarkably successful. All of this should help us to advance a decisive answer to the question, “Was it worth it?”  u Selected Sources Alan Dershowitz, “Torture Could be Justified” CNN Access (4 March 2003), available at: http://edition. cnn.com/2003/LAW/03/03/cnna.Dershowitz/ For a full list of the sources used in this article, please contact the Obiter at [email protected]. follow us online You can read the latest digital edition of Obiter Dicta on your mobile device. obiter-dicta.ca