Forward Observer: Tortured Logic
DAILY BRIEFING
November 14, 2005By George
C. Wilson, CongressDailyThis
document is located at http://www.govexec.com/dailyfed/1105/111405fo.htmIf
Vice President Dick Cheney and his allies in the Bush administration manage to
kill an amendment by Sen. John McCain, R-Ariz., that would forbid the CIA or
other U.S. government entities from torturing captives, brutal foreign
governments will be less inclined than ever to observe the narrow firebreak
between life and death when abusing U.S.
prisoners.That cause and effect has
been cited by McCain and others who have felt and seen the dark side of
vengeance while held prisoner by another nation or an enemy.
A key part of the McCain amendment, one which the
Bush administration seems to think would hobble the CIA in questioning suspected
terrorists, states that "no individual in the custody or under the physical
control of the United States government, regardless of nationality or physical
location, shall be subject to cruel, inhuman or degrading treatment or
punishment."Cheney, right after he
became Defense secretary in 1989, told me that he chose not to serve in the
military during the Vietnam War because "I had other priorities." President Bush
and Defense Secretary Donald Rumsfeld never saw combat while in uniform, either.
So perhaps they need to be reminded how narrow the firebreak really is today
between life and deadly torture in many
countries."We entered a barren room
with a small casement window located close to the ceiling and a pair of strong
spotlights focused on one gray wall where a human being was hanging from his
chest by a leather strap attached to an iron ring embedded in the concrete some
six feet above the cement floor," then-Navy Cmdr. Lloyd M. Bucher, skipper of
the spy ship USS Pueblo, said in describing his own imprisonment and torture by
the North Koreans in 1968."The man was
barely alive, stripped to the waist so that all the black bruises covering his
torso were exposed, as was the compound fracture of one limp arm with a jagged
piece of bone protruding through the torn flesh. His face was a pulp in which
one eyeball dangled out of its socket in a dark ooze of fluid coagulating on his
cheek. He had completely chewed through his lower lip that hung in shreds from
between clenched teeth..."This is a
South Korean spy we have caught," Bucher's North Korean captors shouted. "Look
at his just punishment."The North
Koreans already had told Bucher they considered him and his crew spies, so they
could meet the same fate if they did not confess in writing to intruding into
North Korea's territorial waters with their spy
ship.Such threats and savage beatings
day and night eventually broke the spirit of the American prisoners. They signed
false confessions, as did many U.S. prisoners tortured by the North Vietnamese
during the Vietnam War.But the North
Koreans and North Vietnamese stopped short of killing their American captives
and tried to cover up bruises and other signs of torture before they were freed.
The firebreak dug by the fear of international condemnation stayed their hand.
But any U.S. government act that exempted the CIA or any other American agency
from McCain's anti-torture amendment would almost certainly wipe away restraint
while further blackening the United States' image
abroad.The Senate has passed the
McCain anti-torture amendment twice, once as part of the fiscal 2006 Defense
appropriations bill and again as an addition to the defense authorization
bill.One of McCain's fears is that the
House, during a conference with the Senate on the appropriations measure, will
strip his amendment on the grounds that it is now in the Senate's defense
authorization bill. Then, warn backers of the McCain amendment, the House
Republican majority, at the urging of the White House, will keep the defense
authorization bill from being passed at all this
year.If such legislative hijinks make
McCain's anti-torture amendment die on the vine this year, the senator has vowed
to try to add it to "every vehicle that goes through this body because you
cannot override the majority of the American people and their elected
representatives in a functioning
democracy."McCain contends that
amendment merely underscores longstanding U.S. policy regarding the treatment of
prisoners as set forth in such documents as the Universal Declaration of Human
Rights; International Covenant on Civil and Political Rights and the Convention
Against Torture negotiated by the Reagan administration and ratified by the
Senate."Nevertheless," said the former
POW who was tortured by the North Vietnamese, "the administration has held that
the prohibition does not legally apply to foreigners held overseas. They can,
apparently, be treated inhumanely. That means America is the only country in the
world that asserts a legal right to engage in cruel and inhumane treatment. How
far have we come?"The enemy we fight
has no respect for human life or human rights. They do not deserve our
sympathy," McCain continued. "But this isn't about who they are. It is about who
we are."In holding up that torch,
McCain challenged his colleagues to stand up to the White House on the torture
issue. "Under Article I, Section 8 of the U. S. Constitution, the Congress has
the responsibility for making ... 'rules concerning captures on land and water.'
Not the executive branch, not the courts, but Congress," he
said.George C. Wilson is a veteran
defense reporter. His "Forward Observer" column orginally appears in CongressDaily/A.M.
every other Monday.©2005 by
National Journal Group Inc. All rights reserved.
Posted: Mon - November 14, 2005 at 09:27 PM
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Published On: Nov 14, 2005 09:32 PM
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