Re: Torture
here is a cut and paste read and you decide.
theres more here.
http://lawofwar.org/what's_new.htm
An Essay For The Winter of 2005/2006
Is Waterboarding Torture: Ask Our World War Two Vets
In a recent investigative report, Brian Ross and Richard Esposito of ABC News described the CIAs use of an interrogation technique called "waterboarding."
The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner's face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.
According to the sources, CIA officers who subjected themselves to the water boarding technique lasted an average of 14 seconds before caving in. They said al Qaeda's toughest prisoner, Khalid Sheik Mohammed, won the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess.
In an editorial dated November 12, 2005 the Wall Street Journal denied that waterboarding was "...anything close to torture."
No one has yet come up with any evidence that anyone in the U.S. military or government has officially sanctioned anything close to "torture." The "stress positions" that have been allowed (such as wearing a hood, exposure to heat and cold, and the rarely authorized "waterboarding," which induces a feeling of suffocation) are all psychological techniques designed to break a detainee.
So, whos right? Is waterboarding torture, or is it merely a stressful psychological technique?Interestingly, the United States has long since answered that question. Following the end of the Second World War we prosecuted a number of Japanese military and civilian officials for war crimes. including the torture of captured Allied personnel.
At one of those trials, United States v. Sawada, heres how Captain Chase Nielsen, a crew member in the 1942 Doolittle Raid on Japan, described his treatment, when he was captured, (and later tried for alleged war crimes by a Japanese military commission):
Q: What other physical treatment was administered to you at that time?
A: Well, I was given what they call the water cure.
Q: Explain to the Commission what that was.
A: Well, I was put on my back on the floor with my arms and legs stretched out, one guard holding each limb. The towel was wrapped around my face and put across my face and water was poured on. They poured water on this towel until I was almost unconscious from strangulation, then they would let me up until I'd get my breath, then they'd start over again.
Q: When you regained consciousness would they keep asking you questions?
A: Yes sir they did.
Q: How long did this treatment continue?
A: About twenty minutes.
Q: What was your sensation when they were pouring water on the towel, what did you physically feel?
A: Well, I felt more or less like I was drowning, just gasping between life and death.
The prosecutor in that case was vehement in arguing that the captured Doolittle fliers had been wrongfully convicted by the Japanese tribunal, in part because they were convicted based on evidence obtained through torture. "The untrustworthiness of any admissions or confessions made under torture," he said, "would clearly vitiate a conviction based thereon."At the end of the Tokyo War Crimes Trial, the International Military Tribunal for the Far East of which the United States was a leading member (the Tribunal was established by Douglas MacArthur) convicted former Japanese Prime Minister Tojo and numerous other generals and admirals of a panoply of war crimes. Among them was torture:
The practice of torturing prisoners of war and civilian internees prevailed at practically all places occupied by Japanese troops, both in the occupied territories and in Japan. The Japanese indulged in this practice during the entire period of the Pacific War.
Methods of torture were employed in all areas so uniformly as to indicate policy both in training and execution. Among these tortures were the water treatment...The so-called "water treatment" was commonly applied. The victim was bound or otherwise secured in a prone position; and water was forced through his mouth and nostrils into his lungs and stomach until he lost consciousness. Pressure was then applied, sometimes by jumping upon his abdomen to force the water out. The usual practice was to revive the victim and successively repeat the process.
So, is waterboarding torture? Do we have to wait to find out until an enemy again does it to captives from our armed forces? What was the Wall Street Journal thinking?© 2005 Evan Wallach For those who are interested in Sawada, the full transcripts and entire trial record may be found in the National Archives. The case is United States v Sawada et al, tried at Shanghai before a United States Military Commission (27 Feb-15 Apr., 1946).
I have a copy of the entire trial record if anyone ever needs it. A synopsis may be found in most decent law school law libraries in the Law Reports of Trials of Major War Criminals Vol 5 at p.1 There are, of course, lot of other references to water torture by the Japanese, not least in the Judgment of the IMT Far East. Evan Wallach
