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Ethical arguments regarding torture

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description: Torture has been criticized on humanitarian and moral grounds, on the grounds that evidence extracted by torture is unreliable, and because torture corrupts institutions that tolerate it. Besides degr ...
Torture has been criticized on humanitarian and moral grounds, on the grounds that evidence extracted by torture is unreliable, and because torture corrupts institutions that tolerate it.[101] Besides degrading the victim, torture debases the torturer: American advisors alarmed at torture by their South Vietnamese allies early in the Vietnam War concluded that "if a commander allowed his officers and men to fall in to these vices [they] would pursue them for their own sake, for the perverse pleasure they drew from them."[102] The consequent degeneracy destroyed discipline and morale: "[a] soldier had to learn that he existed to uphold law and order, not to undermine it."[102]
Organizations like Amnesty International argue that the universal legal prohibition is based on a universal philosophical consensus that torture and ill-treatment are repugnant, abhorrent, and immoral.[103] But since shortly after the September 11, 2001 attacks there has been a debate in the United States about whether torture is justified in some circumstances. Some people, such as Alan M. Dershowitz and Mirko Bagaric, have argued the need for information outweighs the moral and ethical arguments against torture.[104][105] However, after coercive practices were banned, interrogators in Iraq saw an increase of 50 percent more high-value intelligence. Maj. Gen. Geoffrey D. Miller, the American commander in charge of detentions and interrogations, stated "a rapport-based interrogation that recognizes respect and dignity, and having very well-trained interrogators, is the basis by which you develop intelligence rapidly and increase the validity of that intelligence."[106] Others including Robert Mueller, FBI Director since 5 July 2001, have pointed out that despite former Bush Administration claims that waterboarding has "disrupted a number of attacks, maybe dozens of attacks", they do not believe that evidence gained by the U.S. government through what supporters of the techniques call "enhanced interrogation" has disrupted a single attack and no one has come up with a documented example of lives saved thanks to these techniques.[107][108] On 19 June 2009, the US government announced that it was delaying the scheduled release of declassified portions of a report by the CIA Inspector General that reportedly cast doubt on the effectiveness of the "enhanced interrogation" techniques employed by CIA interrogators, according to references to the report contained in several Bush-era Justice Department memos declassified in the Spring of 2009 by the US Justice Department.[109][110][111]
The ticking time bomb scenario, a thought experiment, asks what to do to a captured terrorist who has placed a nuclear time bomb in a populated area. If the terrorist is tortured, he may explain how to defuse the bomb. The scenario asks if it is ethical to torture the terrorist. A 2006 BBC poll held in 25 nations gauged support for each of the following positions:[112]
Terrorists pose such an extreme threat that governments should be allowed to use some degree of torture if it may gain information that saves innocent lives.
Clear rules against torture should be maintained because any use of torture is immoral and will weaken international human rights.
An average of 59% of people worldwide rejected torture. However there was a clear divide between those countries with strong rejection of torture (such as Italy, where only 14% supported torture) and nations where rejection was less strong. Often this lessened rejection is found in countries severely and frequently threatened by terrorist attacks. E.g., Israel, despite its Supreme Court outlawing torture in 1999, showed 43% supporting torture, but 48% opposing, India showed 37% supporting torture and only 23% opposing.[113]
Within nations there is a clear divide between the positions of members of different ethnic groups, religions, and political affiliations, sometimes reflecting distinctions between groups considering themselves threatened or victimized by terror acts and those from the alleged perpetrator groups. For example, the study found that among Jews in Israel 53% favored some degree of torture and only 39% wanted strong rules against torture while Muslims in Israel were overwhelmingly against any use of torture, unlike Muslims polled elsewhere. Differences in general political views also can matter. In one 2006 survey by the Scripps Center at Ohio University, 66% of Americans who identified themselves as strongly Republican supported torture, whereas 24% of those who identified themselves as strongly Democratic.[114] In a 2005 U.S. survey 72% of American Catholics supported the use of torture in some circumstances compared to 51% of American secularists.[115] A Pew survey in 2009 similarly found that the religiously unaffiliated are the least likely (40 percent) to support torture, and that the more a person claims to attend church, the more likely he or she is to condone torture; among racial/religious groups, white evangelical Protestants were far and away the most likely (62 percent) to support inflicting pain as a tool of interrogation.[116]


Demonstration of waterboarding at a street protest during a visit by Condoleezza Rice to Iceland, May 2008
A Today/Gallup poll "found that sizable majorities of Americans disagree with tactics ranging from leaving prisoners naked and chained in uncomfortable positions for hours, to trying to make a prisoner think he was being drowned".[117]
There are also different attitudes as to what constitutes torture, as revealed in an ABC News/Washington Post poll, where more than half of the Americans polled thought that techniques such as sleep deprivation were not torture.[118]
In practice, so-called "enhanced interrogation" techniques were employed by the CIA in situations that did not involve the "ticking time bomb" scenario that has been the subject of opinion polls and public debate. In April 2009 a former senior U.S. intelligence official and a former Army psychiatrist stated that the Bush administration applied pressure on interrogators to use the "enhanced interrogation" techniques on detainees to find evidence of cooperation between al Qaida and the late Iraqi dictator Saddam Hussein's regime.[119] The purported link between al Qaida and Hussein's regime, which has been disproven,[120] was a key political justification for the Iraq War. On 13 May 2009, former NBC News investigative producer Robert Windrem reported, as confirmed by former Iraq Survey Group leader Charles Duelfer, that the Vice President's Office suggested that an interrogation team led by Duelfer waterboard an Iraqi prisoner suspected of knowing about a relationship between al Qaeda and Saddam.[121][122]
On 14 February 2010, in an appearance on ABC's This Week, Vice-President Dick Cheney reiterated his support of waterboarding and "enhanced interrogation" techniques for captured terrorist suspects, saying, "I was and remain a strong proponent of our enhanced interrogation program."[123]
Pressed by the BBC in 2010 on his personal view of waterboarding, Presidential Advisor Karl Rove said: "I'm proud that we kept the world safer than it was, by the use of these techniques. They’re appropriate, they're in conformity with our international requirements and with US law."[124]
A 15-month investigation by the Guardian and BBC Arabic, published on March 2013, disclosed that the US sent a veteran of the dirty wars in Central America to oversee Iraqi commando units involved in acts of torture during the American-led occupation. These American citizens could theoretically be tried by the International Criminal Court even though the US is not a signatory. But it would have to be referred by the UN security council and, given that the US has a veto on the council, this hypothesis is very improbable." Reprieve Legal Director Kat Craig said: "This latest exposé of human rights abuses shows that torture is endemic to US foreign policy; these are considered and deliberate acts, not only sanctioned but developed by the highest echelons of US security service."[125]
Utilitarian arguments against torture
There is a strong utilitarian argument against torture; namely, that there is simply no scientific evidence supporting its effectiveness.[126]
The lack of scientific basis for the effectiveness of torture as an interrogation techniques is summarized in a 2006 Intelligence Science Board report titled "EDUCING INFORMATION, Interrogation: Science and Art, Foundations for the Future".[127]
On the other hand, some have pointed to some specific cases where torture has elicited true information.[128]
Rejection of torture
A famous example of rejection of the use of torture was cited by the Argentine National Commission on the Disappearance of Persons in whose report, Italian general Carlo Alberto Dalla Chiesa was reputed to have said in connection with the investigation of the disappearance of prime minister Aldo Moro, "Italy can survive the loss of Aldo Moro. It would not survive the introduction of torture."[129]
Incrimination of innocent people

This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (April 2009)
One documented effect of torture is that its victims will say or do anything to escape the situation, including untrue "confessions" and implication of others without genuine knowledge, who may well then be tortured in turn. That information may have been extracted from the Birmingham Six through the use of police beatings was counterproductive because it made the convictions unsound as the confessions were worthless.
Secrecy
Before the emergence of modern policing, torture was an important aspect of policing and the use of it was openly sanctioned and acknowledged by the authority. The Economist magazine proposed that one of the reasons torture endures is that torture does indeed work in some instances to extract information/confession, if those who are being tortured are indeed guilty.[130] Depending on the culture, torture has at times been carried on in silence (official denial), semi-silence (known but not spoken about), or openly acknowledged in public (to instill fear and obedience).
In the 21st century, even when states sanction their interrogation methods, torturers often work outside the law. For this reason, some prefer methods that, while unpleasant, leave victims alive and unmarked. A victim with no visible damage may lack credibility when telling tales of torture, whereas a person missing fingernails or eyes can easily prove claims of torture. Mental torture, however can leave scars just as deep and long-lasting as physical torture.[131] Professional torturers in some countries have used techniques such as electrical shock, asphyxiation, heat, cold, noise, and sleep deprivation, which leave little evidence, although in other contexts torture frequently results in horrific mutilation or death. However the most common and prevalent form of torture worldwide in both developed and under-developed countries is beating.[132]
Torture methods and devices


A rack in the Tower of London.


The contrast shown between Guy Fawkes' signatures: the one above (a faint, shaky 'Guido') was done immediately after torture; the one below eight days later.[133]
Main article: List of torture methods and devices
Psychological torture uses non-physical methods that cause psychological suffering. Its effects are not immediately apparent unless they alter the behavior of the tortured person. Since there is no international political consensus on what constitutes psychological torture, it is often overlooked, denied, and referred to by different names.[citation needed]
Psychological torture is less well known than physical torture and tends to be subtle and much easier to conceal. In practice the distinctions between physical and psychological torture are often blurred.[citation needed] Physical torture is the inflicting of severe pain or suffering on a person. In contrast, psychological torture is directed at the psyche with calculated violations of psychological needs, along with deep damage to psychological structures and the breakage of beliefs underpinning normal sanity. Torturers often inflict both types of torture in combination to compound the associated effects.[citation needed]
Psychological torture also includes deliberate use of extreme stressors and situations such as mock execution, shunning, violation of deep-seated social or sexual norms and taboos, or extended solitary confinement. Because psychological torture needs no physical violence to be effective, it is possible to induce severe psychological pain, suffering, and trauma with no externally visible effects.[citation needed]
Rape and other forms of sexual abuse are often used as methods of torture for interrogative or punitive purposes.[134]
In medical torture, medical practitioners use torture to judge what victims can endure, to apply treatments that enhance torture, or act as torturers in their own right. Josef Mengele and Shirō Ishii were infamous during and after World War II for their involvement in medical torture and murder.
Pharmacological torture is the use of drugs to produce psychological or physical pain or discomfort. Tickle torture is an unusual form of torture which nevertheless has been documented, and can be both physically and psychologically painful.[135][136][137][138]
Torture murder
Main article: Torture murder
Torture murder involves torture to the point of murder as for punishment in law enforcement agencies of countries that allow torture. Murderers might also torture their victims to death for sadistic reasons. Some terrorist groups tortures—typically commencing with the forcible extraction of all ten fingernails, all ten toenails, and all thirty-two teeth—before executing them by such barbaric techniques as slow decapitation via butcher knife.[citation needed] Ancient conceptual forerunners of torture murder include drawing and quartering and flaying.
Effects
The consequences of torture reach far beyond immediate pain. Many victims suffer from post-traumatic stress disorder (PTSD), which includes symptoms such as flashbacks (or intrusive thoughts), severe anxiety, insomnia, nightmares, depression and memory lapses. Torture victims often feel guilt and shame, triggered by the humiliation they have endured. Many feel that they have betrayed themselves or their friends and family. All such symptoms are normal human responses to abnormal and inhuman treatment.[139]
Organizations like Freedom from Torture and the Center for Victims of Torture try to help survivors of torture obtain medical treatment and to gain forensic medical evidence to obtain political asylum in a safe country and/or to prosecute the perpetrators.
Torture is often difficult to prove, particularly when some time has passed between the event and a medical examination, or when the torturers are immune from prosecution. Many torturers around the world use methods designed to have a maximum psychological impact while leaving only minimal physical traces. Medical and Human Rights Organizations worldwide have collaborated to produce the Istanbul Protocol, a document designed to outline common torture methods, consequences of torture, and medico-legal examination techniques. Typically deaths due to torture are shown in an autopsy as being due to "natural causes" like heart attack, inflammation, or embolism due to extreme stress.[140]
For survivors, torture often leads to lasting mental and physical health problems.
Physical problems can be wide-ranging, e.g. sexually transmitted diseases, musculo-skeletal problems, brain injury, post-traumatic epilepsy and dementia or chronic pain syndromes.
Mental health problems are equally wide-ranging; common are post-traumatic stress disorder, depression and anxiety disorder. Psychic deadness, erasure of intersubjectivity, refusal of meaning-making, perversion of agency, and an inability to bear desire constitute the core features of the post-traumatic psychic landscape of torture.[141]
The most terrible, intractable, legacy of torture is the killing of desire - that is, of curiosity, of the impulse for connection and meaning-making, of the capacity for mutuality, of the tolerance for ambiguity and ambivalence. For these patients, to know another mind is unbearable. To connect with another is irrelevant. They are entrapped in what was born(e) during their trauma, as they perpetuate the erasure of meaning, re-enact the dynamics of annihilation through sadomasochistic, narcissistic, paranoid, or self-deadening modes of relating, and mobilize their agency toward warding off mutuality, goodness, hope and connection. In brief, they live to prove death. And it is this perversion of agency and desire that constitutes the deepest post-traumatic injury, and the most invisible and pernicious of human-rights violations.[141]
On 19 August 2007, the American Psychology Association (APA) voted to bar participation, to intervene to stop, and to report involvement in a wide variety of interrogation techniques as torture, including "using mock executions, simulated drowning, sexual and religious humiliation, stress positions or sleep deprivation", as well as "the exploitation of prisoners' phobias, the use of mind-altering drugs, hooding, forced nakedness, the use of dogs to frighten detainees, exposing prisoners to extreme heat and cold, physical assault and threatening the use of such techniques against a prisoner or a prisoner's family."[142]
However, the APA rejected a stronger resolution that sought to prohibit “all psychologist involvement, either direct or indirect, in any interrogations at U.S. detention centers for foreign detainees or citizens detained outside normal legal channels.” That resolution would have placed the APA alongside the American Medical Association and the American Psychiatric Association in limiting professional involvement in such settings to direct patient care. The APA echoed the Bush administration by condemning isolation, sleep deprivation, and sensory deprivation or over-stimulation only when they are likely to cause lasting harm.
Psychiatric treatment of torture-related medical problems might require a wide range of expertise and often specialized experience. Common treatments are psychotropic medication, e.g. SSRI antidepressants, counseling, Cognitive Behavioural Therapy, family systems therapy and physiotherapy.
See Psychology of torture for psychological impact, and aftermath, of torture.
Rehabilitation
The aim of rehabilitation is to empower the torture victim to resume as full a life as possible. Rebuilding the life of someone whose dignity has been destroyed takes time and as a result long-term material, medical, psychological and social support is needed.[143]
Treatment must be a coordinated effort that covers both physical and psychological aspects. It is important to take into consideration the patients' needs, problems, expectations, views and cultural references.[143]
The consequences of torture are likely to be influenced by many internal and external factors. Therefore, rehabilitation needs to employ different treatment approaches, taking into account the victims' individual needs, as well as the cultural, social and political environment.[143]
Rehabilitation centres around the world, notably the members of the International Rehabilitation Council for Torture Victims, commonly offer multi-disciplinary support and counselling, including:
medical attention / psychotherapeutic treatment
psychosocial support / trauma treatment
legal services and redress
social reintegration.
In the case of asylum seekers and refugees, the services may also include assisting in documentation of torture for the asylum decision, language classes and help in finding somewhere to live and work.[143]
Rehabilitation of secondary survivors
In the worst case, torture can affect several generations. The physical and mental after-effects of torture often place great strain on the entire family and society. Children are particularly vulnerable. They often suffer from feelings of guilt or personal responsibility for what has happened. Therefore, other members of the survivor’s family – in particular the spouse and children – are also offered treatment and counselling.[143]
Broken societies
In some instances, whole societies can be more or less traumatized where torture has been used in a systematic and widespread manner. In general, after years of repression, conflict and war, regular support networks and structures have often been broken or destroyed.[143]
Providing psychosocial support and redress to survivors of torture and trauma can help reconstruct broken societies.[144] "Rehabilitation centres therefore play a key role in promoting democracy, co-existence and respect for human rights. They provide support and hope, and act as a symbol of triumph over the manmade terror of torture which can hold back the development of democracy of entire societies."[143]

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