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May
28, 2009
Torturing the
Rule of Law
by Rep. Ron Paul, MD
While
Congress is sidetracked by who said what to whom
and when, our nation finds itself at a crossroads
on the issue of torture. We are at a point where we
must decide if torture is something that is now
going to be considered justifiable and reasonable
under certain circumstances, or is America better
than that?
"Enhanced interrogation" as some prefer to call
it, has been used throughout history, usually by
despotic governments, to cruelly punish or to
extract politically useful statements from
prisoners. Governments that do these things
invariably bring shame on themselves.
In addition, information obtained under duress
is incredibly unreliable, which is why it is not
admissible in a court of law. Legally valid
information is freely given by someone of sound
mind and body. Someone in excruciating pain, or
brought close to death by some horrific procedure
is not in any state of mind to give reliable
information, and certainly no actions should be
taken solely based upon it.
For these reasons, it is illegal in the United
States and illegal under Geneva Conventions.
Simulated drowning, or water boarding, was not
considered an exception to these laws when it was
used by the Japanese against US soldiers in World
War II. In fact, we hanged Japanese officers for
war crimes in 1945 for water boarding. Its status
as torture has already been decided by our own
courts under this precedent. To look the other way
now, when Americans do it, is the very definition
of hypocrisy.
Matthew Alexander, author of How
to Break a Terrorist used non-torture
methods of interrogation in Iraq with much success.
In fact, one cooperative jihadist told him, "I
thought you would torture me, and when you didn't,
I decided that everything I was told about
Americans was wrong. That's why I decided to
cooperate." Alexander also found that in Iraq "the
No. 1 reason foreign fighters flocked there to
fight were the abuses carried out at Abu Ghraib and
Guantanamo. Our policy of torture was directly and
swiftly recruiting fighters for al-Qaeda in Iraq."
Alexander's experiences unequivocally demonstrate
that losing our humanity is not beneficial or
necessary in fighting terror.
The current administration has reversed its
position on releasing evidence of torture by the
previous administration and we must ask why. A
great and moral nation would have the courage to
face the truth so it could abide by the rule of
law. To look the other way necessarily implicates
all of us and would of course further radicalize
people against our troops on the ground. Instead,
we have the chance to limit culpability for torture
to those who were truly responsible for these
crimes against humanity.
Not everyone who was given illegal orders obeyed
them. Many FBI agents understood that an illegal
order must be disobeyed and they did so. The others
must be held accountable, so that all of us are not
targeted for blowback for the complicity of
some.
The government's own actions and operations in
torturing people, and in acting on illegally
obtained and unreliable information to kill and
capture, are the most radicalizing forces at work
today, not any religion, nor the fact that we are
rich and free. The fact that our government engages
in evil behavior under the auspices of the American
people is what poses the greatest threat to the
American people, and it must not be allowed to
stand.
Paul
Archive
Dr. Ron Paul is a Republican
member of Congress from Texas.
Because
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