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Torture Nomination Approved
With two Democratic Senators’ votes the Senate
Judiciary Committee approved Mukasey’s nomination to head the
Justice Department. Another torture advocate will occupy the highest legal office of the United States.
There was and is one point missing in the hearings and the public discussion about Mukasey and torture. What about torturing innocents?
There are 2 million people imprisoned in the U.S. It is certain that some of these are not guilty. Even with all due process, assumption of innocence and appeal procedures, some innocent people are trapped as guilty by misleading circumstances. The society has agreed to take that risk and is trying to minimize it.
But the assumption in the discussion about torture seems to be that only "terrorists" will have to endure it. It is very unlikely that all accused as "terrorists" are such. As due process and appeals are missing in processing "terrorists", the number of ‘false positives’ of the test hypothesis ‘is terrorist’ is likely much higher than those in the legal trial test hypothesis ‘is guilty of the crime’.
The question to the society should therefore be about "torturing innocents", not about "torturing terrorists" as it is asked during the current discussion.
The question is: "How many innocent shall be tortured to get a, possibly false, confession from a terrorist?"
Has someone asked Mukasey? Or Senators Feinstein and Schumer?
& yes yr quite correct – what is used against ‘terrorists’ is finally used against everybody – rgiap wrote.
That is of course right, but I would put it differently. We know that torture goes on anyway, and not just in axis-of-evil countries, but in many places. We know also for ex. that EU Gvmts. etc. are complicit (renditions etc.- torture *outsourced.*) The point is rather to legitimize torture, render it official, and this for one reason only: to instill fear and control people. (Oh I see that rapt says more or less the same thing. I should read everything before I write. and then r giap says torture goes on ..)
All this has nothing to do with ‘terrorists’ who are arbitrarily killed and tortured anyway, except insofar that doing cruel things to evil people to save lives (etc. etc.) serves to bring the topic up.
To continue to parrot (in part) the excellent posters above, guilt and innocence are not at issue here, except if -as in argument- torture is viewed as cruel punishment for the guilty, whereupon it’s use relates to moral argument about punishment, see reviewing the Middle Ages, Geneva Conventions, Constitution, issues of ‘proved’ guilt, etc.
US leaders and media, pundits and bloggers, have presented the issue not in these terms, in the main, but in terms of instrumentality or functionality: torture is a useful tool in a struggle (war, fight, etc.) The aim is to gather information that would remain hidden otherwise, or can’t be obtained any other way. (In this way they evacuate, or try to override, moral arguments, .. very persuasive.)
The anti-torture crowd, progressives, the left, etc. have backed off from this, by simply stating that ‘torture doesn’t work’ and/or falling back on moral considerations.
That ‘torture doesn’t work’ is obvious nonsense, both in the popular imagination, and in real life (ww2 for ex; and those who cracked under torture were often forgiven by their mates..) but the ‘left’ can’t enter this terrain, because it would mean saying that ‘terrorists’ are a negligible entity and don’t have any information to give up. That they cannot, or will not, do. Because they accept the whole framework – and so silently accept torture is carried out while posturing on the moral high ground. In the next 5 minutes, they will tell you that homosexuality can’t be considered wrong, such moral issues are outdated bullsh*t, etc. etc. (Ok there is question of harm, insult in its original sense, but that is hard to handle too…) So they get tied up in horrid contradictions and then have to retreat.
I’m on the side of rapt (in the post above) but on the ground things are different.
Posted by: Tangerine | Nov 7 2007 18:57 utc | 21
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