Justine Hinwood and Spencer Reynolds
Project report, including slide show (here), dossier and dialogue
(separate download)
STS390, “Media, war and peace”
Spring session, 2007
Science, Technology & Society
University of Wollongong
Torture and
abu ghraib
Prepared by Spenjust Consulting for the OIA
Tues 09/10- 11am
Outline
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Introduction and why we’re here
Outline of concept of torture/ interrogation
Background on current situation
Legislation and US Stance
What this has led theorists to say
Suggestions from us
Introduction- Us
Why are we here today?
TORTURE
Torture- Definition
“Any act by which severe pain
or suffering (physical and
mental) is intentionally inflicted
upon a person.”
Why Torture?
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Obtain information or a confession
Punish
Intimidate
Incite fear
ABU GHRAIB
Abu Ghraib Prison
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Started as a prison for Sadaam
Taken over by Americans in 2003
Housed inmates that were problematic or
security risks
Abu Ghraib Photo Scandal
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November 2003
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January 2004
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CD given to CID
April 2004
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Darby Given a CD containing photos
Photos aired on 60 Minutes
Major investigation ensued
Some examples of the
leaked photos
Why did this happen?
The main reason seems to be
inexperienced soldiers
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“A general lack of knowledge, implementation,
and emphasis of basic legal, regulatory, doctrinal
and command requirements”
The main reason the world knows about it
is
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Darby
Concerned soldiers
What was the result?
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Court case
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Exceptionally bad publicity
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Support withdrawn in many detention
facilities by groups
Current views
on Torture
Legislation and
US Stance
Geneva Convention
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Started in 1864
1949
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Provided basic minimal protection - should not be
subject to physical or mental torture or cruel or
degrading corporal punishment
Torture unjustifiable under any circumstance
US been a party to this since 1955
Violation of other
international laws
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Convention Against Torture and Other
Cruel, Inhumane or Degrading Treatment
or Punishment
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US a signatory
The following can not be used to justify torture
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Exceptional circumstances
Order from a superior officer
No one can be expelled to another state to be
tortured
Violation of other
international laws
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International Covenant on Civil and Political
Rights (ICCPR)
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US ratified it in 1992
Article 7 states ‘No one shall be subjected to
torture or to cruel, inhuman or degrading
treatment or punishment’
Current US stance
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Signatory to legislation
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Does this cover terrorists?
Repudiation of interrogation techniques to
elicit information
Adhering to international treatment
standards
Military Commissions Act
Theories on
Torture
Current theories in
torture- against
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Iacopino
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Suffer unspeakable pain and degradation
Does not make individuals or societies safer
Often false confessions, victimising the innocent
“Torture will never serve the interests of justice
because it undermines our worth and humanity”
Roth
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International law- torture is never permissible
Current theories in
torture- PRO
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Dershowitz
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Torture is good if done by the right people in the
right situations
Empower judges to issue ‘torture warrants’
Limit torture to non-lethal means
Yoo
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Constitution grants President unhindered
discretion in wartime
our
suggestions
Our suggestions- broad
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As seen from Abu Ghraib, torture can be
VERY damaging to a country
Torture is also damaging to individuals and
a violation of human rights
As US is a signatory to international
conventions it should follow those or
withdraw from the convention
Our Suggestions- OIA
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Avoid torture
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Unconstructive
Affects involved individuals markedly
Is a violation of human rights
Gives the US bad reputation
Avoid torture warrants
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Opens pathway for others to copy
Where do they stop?