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 & SocietyUniversity of Wollongong

Torture and abu ghraib

Prepared by Spenjust Consulting for the OIA

Tues 09/10- 11am

Outline 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

SPENJUST Consulting

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? Obtain information or a confession Punish Intimidate Incite fear

ABU GHRAIB

Abu Ghraib Prison Started as a prison for Sadaam Taken over by Americans in 2003 Housed inmates that were problematic or

security risks

Abu Ghraib Photo Scandal November 2003

Darby Given a CD containing photos January 2004

CD given to CID April 2004

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 “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 Darby Concerned soldiers

What was the result? Court case

Exceptionally bad publicity

Support withdrawn in many detention facilities by groups

Current views on Torture

Legislation and US Stance

Geneva Convention Started in 1864 1949

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

Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment US a signatory The following can not be used to justify torture

Exceptional circumstances Order from a superior officer

No one can be expelled to another state to be tortured

International Covenant on Civil and Political Rights (ICCPR) US ratified it in 1992 Article 7 states ‘No one shall be subjected to

torture or to cruel, inhuman or degrading treatment or punishment’

Violation of other international laws

Current US stance Signatory to legislation

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

Iacopino 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 International law- torture is never permissible

Current theories in torture- PRO

Dershowitz 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 Constitution grants President unhindered

discretion in wartime

our suggestions

Our suggestions- broad 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 Avoid torture

Unconstructive Affects involved individuals markedly Is a violation of human rights Gives the US bad reputation

Avoid torture warrants Opens pathway for others to copy Where do they stop?

SPENJUST Consulting