U.S.-Sponsored Torture
Peace Action Montgomery Position Statement
What we want:
• Transparency by the U.S. government with respect to its torture policies, procedures, and practices of the past years.
• Accountability of policy-makers and leading administrators involved in the torture program.
• Justice to the survivors of torture and the families of those “disappeared” by the U.S. government .
Transparency:
To put a permanent end to torture by or at the behest of the U.S., we call on the White House, Congress, and the courts to insist on full openness and accountability in investigating and dealing with the acts of torture and other war crimes committed during the "war on terror." Torture accountability today will prevent torture tomorrow.
A national “truth commission” or other independent commission of inquiry would help the U.S. public understand what happened. The scope and powers of such a commission need to be considered carefully, but a properly constituted truth commission would have the advantage of not limiting the focus of investigation to those under legal indictment. It is important, however, that immunity from prosecution not be granted as a condition of truth commission testimony.
Transparency will also help us understand what is happening today with respect to our policy of torture. How many were tortured? Do we still “disappear” other human beings? Do we still engage in extraordinary rendition? What institutional changes must be put in place to avoid repetition of these practices? What has happened at Bagram, where upwards of 600 languish in indefinite U.S.detention , and what is happening there today?
The public needs to know what was done in our name, just as the Germans needed to know what was done in their name.
Accountability:
In 1984, the U.S. became a signatory to the Convention Against Torture (CAT). The CAT requires that the U.S. have in place a law criminalizing torture within the jurisdiction of the U.S. and also criminalizing torture by U.S. nationals operating outside U.S. jurisdiction. Such a statute was enacted by Congress and is the law of our land (Torture Statute 8 U.S.C. § 2340A).
High-ranking attorneys for the Bush administration have violated the CAT and the precedents of the Nuremberg trials by providing a legal framework for torture that contradicts domestic law and international law. We support independent, transparent public investigations carried out by special commissions of inquiry and/or independent prosecutors. As indicated by the U.N. Special Rapporteur on Torture, Manfred Nowak, prosecutions are required in order for the U.S. to meet its international obligations as a member of the world community .
George W. Bush, Richard Cheney, Donald Rumsfeld, Alberto Gonzales, high-ranking CIA operatives, and others who relied upon dubious and problematic legal justifications for torture should be investigated. Prosecution of high-ranking governmental officials is extraordinary and should not be undertaken lightly. However, torture as described in the recent report of the International Committee of the Red Cross and revealed in “torture memos” is horrifying and violates the core of the American ideal. Moreover, it is illegal.
The Justice Department should determine, on a case-by-case basis under our laws, whether other perpetrators and participants in torture should also be held accountable.
Justice:
Civil lawsuits by survivors should not be thwarted by the “State Secrets Doctrine,” which former President Bush utilized to block access to the U.S. judicial system. Human rights advocates, legal scholars, and fair-minded Americans hoped that President Obama would allow victims of torture to sue in our courts under the Alien Tort Act and other laws for recognition and restitution for their horrific injuries. Unfortunately, President Obama is also invoking “state secrets” to prevent these civil cases from going forward. In so doing, he attempts to limit transparency and deprive torture survivors of the justice mandated by our laws, human decency, and international standards. The U.S. government should not use the State Secrets Doctrine to prevent survivors of torture from obtaining an adequate remedy for the horrific wrong that was done to them.
True forgiveness sets the heart, mind, and soul free. But forgiveness requires public knowledge of the wrongs done and their scope, and a sincere apology. And sometimes forgiveness requires the acceptance of punishment by the perpetrator. It is too early to forgive.
This statement borrows extensively from North Carolina Stop Torture Now, www.ncstoptorturenow.net.