Taking a stand on torture

Source: Senator Tom Harkin

...Congress has consistently made clear that torture is a violation of our highest values and is simply not permitted. Over fifty years ago, in 1955, the Senate ratified the Geneva Convention. Common Article 3 of that Convention expressly prohibits torture, as well as "cruel treatment." In 1990, the Senate ratified the Convention Against Torture, which obligated the United States to "take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." Just last year, Congress adopted the Military Commissions Act, which expressly prohibited "cruel, inhuman and degrading" treatment of prisoners.

Nor can there be any question that waterboarding – a horrific practice going back to the Spanish Inquisition and used in this Century by the Gestapo, the North Koreans and the Khmer Rouge – is prohibited. As John McCain has described it, it is a "very exquisite torture." Going back to the Spanish-American War, the U.S. military has brought charges against those who practice this terrible interrogation technique. In passing the Military Commissions Act, Congress made quite clear that interrogation techniques like waterboarding are expressly prohibited.

I am disappointed that the Post chose not to mention what is clear law, and I am troubled that, given this history, Judge Mukasey could not answer what is a simple question: is waterboarding torture? It is equally troubling that Judge Mukasey, in his answers to the Senate Judiciary Nor can there be any question that waterboarding – a horrific practice going back to the Spanish Inquisition – is prohibited. As John McCain has described it, it is a "very exquisite torture." Rear Adm. John Hutson, former Judge Advocate General of the Navy, has stated that "other than, perhaps the rack and thumbscrews, water boarding is the most iconic example of torture in history," adding, "It has been repudiated for centuries."

Going back to the Spanish-American War, the U.S. military has brought charges against those who practice this terrible interrogation technique. In passing the Military Commissions Act, Congress made quite clear that interrogation techniques like waterboarding are expressly prohibited...


Read more: http://www.dailykos.com/story/2007/11/7/17249/1737