Waterboarding
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www.vanityfair.com/politics/features/2007/07/torture200707 | quote=It was terrifying," military psychologist Bryce Lefever is quoted as saying, "...you're strapped to an inclined gurney and you're in four-point restraint, your head is almost immobilized, and they pour water between your nose and your mouth, so if you're likely to breathe, you're going to get a lot of water. You go into an oxygen panic. | accessdate = 2007-12-17}}</ref> Through forced suffocation and inhalation of water, the subject experiences the process of drowning in a controlled environment and is made to believe that death is imminent.<ref name=WhiteWAPostWB_110807> White , Josh
. " Waterboarding Is Torture, Says Ex-Navy Instructor " , Washington Post , November 8 2007 . Retrieved on 2007-12-17 . "As the event unfolded, I was fully conscious of what was happening: I was being tortured." </ref> In contrast to merely submerging the head face-forward, waterboarding almost immediately elicits the gag reflex.<ref name=ABCNewsWB_110807> Ross , Brian . " CIA's Harsh Interrogation Techniques Described " , ABC News , November 8 2007 . Retrieved on 2007-12-17 . "Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt." </ref> Although waterboarding can be performed in ways that leave no lasting physical damage, it carries the risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries (including broken bones) due to struggling against restraints, and even death.<ref name='HRW open letter WB'> Various
(April 5, 2006) . Open Letter to Attorney General Alberto Gonzales . Human Rights News
. Retrieved on 2007-12-18.
In a letter to Attorney General Alberto Gonzales more than 100 United States law professors stated unequivocally that waterboarding is torture, and the use of the practice is a criminal felony punishable under the U.S. federal criminal code.</ref> The psychological effects on victims of waterboarding can last for years after the procedure.<ref name='NY'> Mayer , Jane
.
"
Outsourcing Torture
" , The New Yorker
, 2005-02-14
. Retrieved on 2007-12-18
. "Dr. Allen Keller, the director of the Bellevue/N.Y.U. Program for Survivors of Torture, told me that he had treated a number of people who had been subjected to such forms of near-asphyxiation, and he argued that it was indeed torture. Some victims were still traumatized years later, he said."
</ref>//www.vanityfair.com/politics/features/2007/07/torture200707 | quote=It was terrifying," military psychologist Bryce Lefever is quoted as saying, "...you're strapped to an inclined gurney and you're in four-point restraint, your head is almost immobilized, and they pour water between your nose and your mouth, so if you're likely to breathe, you're going to get a lot of water. You go into an oxygen panic. | accessdate = 2007-12-17}}</ref> Through forced suffocation and inhalation of water, the subject experiences the process of drowning in a controlled environment and is made to believe that death is imminent.<ref name=WhiteWAPostWB_110807> White , Josh
.
"
Waterboarding Is Torture, Says Ex-Navy Instructor
" , Washington Post
, November 8 2007
. Retrieved on 2007-12-17
. "As the event unfolded, I was fully conscious of what was happening: I was being tortured."
</ref> In contrast to merely submerging the head face-forward, waterboarding almost immediately elicits the gag reflex.<ref name=ABCNewsWB_110807> Ross , Brian
.
"
CIA's Harsh Interrogation Techniques Described
" , ABC News
, November 8 2007
. Retrieved on 2007-12-17
. "Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt."
</ref> Although waterboarding can be performed in ways that leave no lasting physical damage, it carries the risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries (including broken bones) due to struggling against restraints, and even death.<ref name='HRW open letter WB'> Various
(April 5, 2006) . Open Letter to Attorney General Alberto Gonzales . Human Rights News
. Retrieved on 2007-12-18.
In a letter to Attorney General Alberto Gonzales more than 100 United States law professors stated unequivocally that waterboarding is torture, and the use of the practice is a criminal felony punishable under the U.S. federal criminal code.</ref> The psychological effects on victims of waterboarding can last for years after the procedure.<ref name='NY'> Mayer , Jane
.
"
Outsourcing Torture
" , The New Yorker
, 2005-02-14
. Retrieved on 2007-12-18
. "Dr. Allen Keller, the director of the Bellevue/N.Y.U. Program for Survivors of Torture, told me that he had treated a number of people who had been subjected to such forms of near-asphyxiation, and he argued that it was indeed torture. Some victims were still traumatized years later, he said."
</ref>
www.nytimes.com/2007/11/07/us/07waterboard.html?_r=1&oref=slogin | work = | pages = | accessdate = 2007-12-18 | language = }}</ref> It has been used for interrogation purposes, to obtain information, coerce confessions, punish, and intimidate. Today it is considered to be torture by a wide range of authorities, including legal experts,<ref name='HRW open letter WB' /><ref name='JuristPittWB_100807'> Davis , Benjamin
. " Endgame on Torture: Time to Call the Bluff " , University of Pittsburgh School of Law , 2007-10-08 . Retrieved on 2007-12-18 . "Waterboarding has been torture for at least 500 years. All of us know that torture is going on." </ref> politicians,<ref name='CNN_WB_101007'>" Carter says U.S. tortures prisoners " , CNN , 2007-10-10 . Retrieved on 2007-12-18 . "The United States tortures prisoners in violation of international law, former President Carter said Wednesday. 'I don't think it. I know it,' Carter told CNN's Wolf Blitzer." </ref> war veterans,<ref name='DN!_WB_110507'>" French Journalist Henri Alleg Describes His Torture Being Waterboarded by French Forces During Algerian War " , Democracy Now! , 2007-11-05 . Retrieved on 2007-12-18 . "I have described the waterboarding I was submitted to. And no one can say, having passed through it, that this was not torture, especially when he has endured other types of torture—burning, electricity and beating, and so on." </ref><ref name='NW_WB_110507'>" Torture's Terrible Toll " , Newsweek , 2005-11-21 . According to Republican United States Senator and 2008 presidential candidate John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal."</ref> intelligence officials,<ref>Modèle:Cite book A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'".</ref> military judges,<ref name='CaL_WB_110507'> Bell , Nicole . " Retired JAGs Send Letter To Leahy: “Waterboarding is inhumane, it is torture, and it is illegal.” " , Crooks and Liars , 2007-11-03 . Retrieved on 2007-12-18 . "Waterboarding is inhumane, it is torture, and it is illegal." and "Waterboarding detainees amounts to illegal torture in all circumstances.". From Rear Admiral Donald J. Guter, United States Navy (Ret.) Judge Advocate General of the Navy, 2000-02; Rear Admiral John D. Hutson, United States Navy (Ret.) Judge Advocate General of the Navy, 1997-2000; Major General John L. Fugh, United States Army (Ret.) Judge Advocate General of the Army, 1991-93; Brigadier General David M. Brahms, United States Marine Corps (Ret.) Staff Judge Advocate to the Commandant, 1985-88.</ref> and human rights organizations.<ref name='HRW_WB_110507'>" CIA Whitewashing Torture " , Human Rights Watch , 2005-11-21 . Retrieved on 2007-12-18 . "There is no doubt that waterboarding is torture, despite the administration’s reluctance to say so,” Kenneth Roth, executive director of Human Rights Watch.</ref><ref name='AI_WB_102607'>" Amnesty International Response to Cheney's "No-Brainer" Comment " , Amnesty International , 2006-10-26 . Retrieved on 2007-12-18 . </ref> Waterboarding gained recent attention and notoriety in the United States when the press reported that the CIA had used waterboarding in the interrogation of certain extrajudicial prisoners <ref name='ABCNewsWB_112905'>" History of an Interrogation Technique: Water Boarding " , World News with Charles Gibson , ABC News , 2005-11-29 . Retrieved on 2007-12-18 . </ref> and that the Justice Department had authorized this procedure.<ref name='NYT_WB_100407'>" Secret U.S. Endorsement of Severe Interrogations " , New York Times , 2007-10-04 . Retrieved on 2007-12-18 . </ref> The new controversy surrounded the confirmed use of waterboarding by the United States government on alleged terrorists, and whether the practice was acceptable.//www.nytimes.com/2007/11/07/us/07waterboard.html?_r=1&oref=slogin | work = | pages = | accessdate = 2007-12-18 | language = }}</ref> It has been used for interrogation purposes, to obtain information, coerce confessions, punish, and intimidate. Today it is considered to be torture by a wide range of authorities, including legal experts,<ref name='HRW open letter WB' /><ref name='JuristPittWB_100807'> Davis , Benjamin . " Endgame on Torture: Time to Call the Bluff " , University of Pittsburgh School of Law , 2007-10-08 . Retrieved on 2007-12-18 . "Waterboarding has been torture for at least 500 years. All of us know that torture is going on." </ref> politicians,<ref name='CNN_WB_101007'>" Carter says U.S. tortures prisoners " , CNN , 2007-10-10 . Retrieved on 2007-12-18 . "The United States tortures prisoners in violation of international law, former President Carter said Wednesday. 'I don't think it. I know it,' Carter told CNN's Wolf Blitzer." </ref> war veterans,<ref name='DN!_WB_110507'>" French Journalist Henri Alleg Describes His Torture Being Waterboarded by French Forces During Algerian War " , Democracy Now! , 2007-11-05 . Retrieved on 2007-12-18 . "I have described the waterboarding I was submitted to. And no one can say, having passed through it, that this was not torture, especially when he has endured other types of torture—burning, electricity and beating, and so on." </ref><ref name='NW_WB_110507'>" Torture's Terrible Toll " , Newsweek , 2005-11-21 . According to Republican United States Senator and 2008 presidential candidate John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal."</ref> intelligence officials,<ref>Modèle:Cite book A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'".</ref> military judges,<ref name='CaL_WB_110507'> Bell , Nicole . " Retired JAGs Send Letter To Leahy: “Waterboarding is inhumane, it is torture, and it is illegal.” " , Crooks and Liars , 2007-11-03 . Retrieved on 2007-12-18 . "Waterboarding is inhumane, it is torture, and it is illegal." and "Waterboarding detainees amounts to illegal torture in all circumstances.". From Rear Admiral Donald J. Guter, United States Navy (Ret.) Judge Advocate General of the Navy, 2000-02; Rear Admiral John D. Hutson, United States Navy (Ret.) Judge Advocate General of the Navy, 1997-2000; Major General John L. Fugh, United States Army (Ret.) Judge Advocate General of the Army, 1991-93; Brigadier General David M. Brahms, United States Marine Corps (Ret.) Staff Judge Advocate to the Commandant, 1985-88.</ref> and human rights organizations.<ref name='HRW_WB_110507'>" CIA Whitewashing Torture " , Human Rights Watch , 2005-11-21 . Retrieved on 2007-12-18 . "There is no doubt that waterboarding is torture, despite the administration’s reluctance to say so,” Kenneth Roth, executive director of Human Rights Watch.</ref><ref name='AI_WB_102607'>" Amnesty International Response to Cheney's "No-Brainer" Comment " , Amnesty International , 2006-10-26 . Retrieved on 2007-12-18 . </ref> Waterboarding gained recent attention and notoriety in the United States when the press reported that the CIA had used waterboarding in the interrogation of certain extrajudicial prisoners <ref name='ABCNewsWB_112905'>" History of an Interrogation Technique: Water Boarding " , World News with Charles Gibson , ABC News , 2005-11-29 . Retrieved on 2007-12-18 . </ref> and that the Justice Department had authorized this procedure.<ref name='NYT_WB_100407'>" Secret U.S. Endorsement of Severe Interrogations " , New York Times , 2007-10-04 . Retrieved on 2007-12-18 . </ref> The new controversy surrounded the confirmed use of waterboarding by the United States government on alleged terrorists, and whether the practice was acceptable.
Sommaire |
Technique
The waterboarding technique was characterized in 2005 by former CIA director Porter J. Goss as a "professional interrogation technique."<ref name='HRW_WB_110507' /> According to press accounts, a cloth or plastic wrap is placed over or in the person's mouth, and water is poured on to the person's head. As far as the details of this technique, press accounts differ - one article describes "dripping water into a wet cloth over a suspect's face",<ref>Michael Hirsh, John Barry and Daniel Klaidman "A Tortured Debate," Newsweek, June 21, 2004. "'water-boarding,' or dripping water into a wet cloth over a suspect's face, which can feel like drowning"</ref> another states that "cellophane is wrapped over the prisoner's face and water is poured over him."<ref>Brian Ross and Richard Esposito, "CIA's Harsh Interrogation Techniques Described," ABC News, Nov. 8, 2005. 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.</ref> CIA officers who have subjected themselves to the technique have lasted an average of 14 seconds before caving in.<ref name=ABCNewsWB_110807 />
www.foxnews.com/story/0,2933,227357,00.html | work = | pages = | accessdate = 2007-12-18 | language = }}</ref><ref name='CurrentTV_WB_092906'> Larsen , Kaj
. " Getting Waterboarded " , Current TV , 2007-10-31 . Retrieved on 2007-12-18 . </ref> In the videos, each correspondent is held against a board by the interrogators. In the Current TV segment, a rag is then forced into the correspondent's mouth, and several pitchers of water are poured onto the rag. The interrogators periodically remove the rag, and the correspondent is seen to gasp for breath. The Fox News segment mentions five "phases" of which the first three are shown. In the first phase, water is simply poured onto the correspondent's face. The second phase is similar to the Current TV episode. In phase three, plastic wrap is placed over the correspondent's face, and a hole is poked into it over his mouth. Water is poured into his mouth through the hole, causing him to gag. He mentions that it really does cause him to gag; that it could lead to asphyxiation; and that he could stand it for only a few seconds.//www.foxnews.com/story/0,2933,227357,00.html | work = | pages = | accessdate = 2007-12-18 | language = }}</ref><ref name='CurrentTV_WB_092906'> Larsen , Kaj . " Getting Waterboarded " , Current TV , 2007-10-31 . Retrieved on 2007-12-18 . </ref> In the videos, each correspondent is held against a board by the interrogators. In the Current TV segment, a rag is then forced into the correspondent's mouth, and several pitchers of water are poured onto the rag. The interrogators periodically remove the rag, and the correspondent is seen to gasp for breath. The Fox News segment mentions five "phases" of which the first three are shown. In the first phase, water is simply poured onto the correspondent's face. The second phase is similar to the Current TV episode. In phase three, plastic wrap is placed over the correspondent's face, and a hole is poked into it over his mouth. Water is poured into his mouth through the hole, causing him to gag. He mentions that it really does cause him to gag; that it could lead to asphyxiation; and that he could stand it for only a few seconds.
www.npr.org/templates/story/story.php?storyId=15917081 | work =All Things Considered | pages = | accessdate = 2007-12-19 | language = }}</ref> According to some experts, information retrieved from waterboarding may not be reliable because a person under such duress may admit to anything, as harsh interrogation techniques lead to false confessions. "'The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,' claims John Sifton of Human Rights Watch."<ref name=ABCNewsWB_110807> "It is 'bad interrogation. I mean you can get anyone to confess to anything if the torture's bad enough,' said former CIA officer Bob Baer."<ref name="Ross" /> The Independent reports "legal experts said Khalid Sheikh Mohammed appeared to be exaggerating his role for his own self-aggrandizement and may also have deliberately floated false claims to send US investigators on wild goose chases."<ref>Confessions of 9/11 architect backfires on US The Independent, March 18, 2007</ref>//www.npr.org/templates/story/story.php?storyId=15917081 | work =All Things Considered | pages = | accessdate = 2007-12-19 | language = }}</ref> According to some experts, information retrieved from waterboarding may not be reliable because a person under such duress may admit to anything, as harsh interrogation techniques lead to false confessions. "'The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,' claims John Sifton of Human Rights Watch."<ref name=ABCNewsWB_110807> "It is 'bad interrogation. I mean you can get anyone to confess to anything if the torture's bad enough,' said former CIA officer Bob Baer."<ref name="Ross" /> The Independent reports "legal experts said Khalid Sheikh Mohammed appeared to be exaggerating his role for his own self-aggrandizement and may also have deliberately floated false claims to send US investigators on wild goose chases."<ref>Confessions of 9/11 architect backfires on US The Independent, March 18, 2007</ref>
Mental and physical effects
In an open letter to U.S. Attorney General Alberto Gonzales, Human Rights Watch claimed that waterboarding can cause the sort of "severe pain" prohibited by 18 USC 2340 (the implementation in the United States of the United Nations Convention Against Torture), that the psychological effects can last long after waterboarding ends (another of the criteria under 18 USC 2340), and that uninterrupted waterboarding can ultimately cause death.<ref name='HRW open letter WB' />
www.newyorker.com/fact/content/?050214fa_fact6}}</ref> Keller also stated in his testimony before the Senate that "Water-boarding or mock drowning, where a prisoner is bound to an inclined board and water is poured over their face, inducing a terrifying fear of drowning clearly can result in immediate and long-term health consequences. As the prisoner gags and chokes, the terror of imminent death is pervasive, with all of the physiologic and psychological responses expected, including an intense stress response, manifested by tachycardia, rapid heart beat and gasping for breath. There is a real risk of death from actually drowning or suffering a heart attack or damage to the lungs from inhalation of water. Long term effects include panic attacks, depression and PTSD. I remind you of the patient I described earlier who would panic and gasp for breath whenever it rained even years after his abuse."<ref>Senate Select Committee on Intelligence Hearing on U.S. Interrogation Policy and Executive Order 13440, September 25, 2007, Statement by Allen S. Keller, M.D.</ref>//www.newyorker.com/fact/content/?050214fa_fact6}}</ref> Keller also stated in his testimony before the Senate that "Water-boarding or mock drowning, where a prisoner is bound to an inclined board and water is poured over their face, inducing a terrifying fear of drowning clearly can result in immediate and long-term health consequences. As the prisoner gags and chokes, the terror of imminent death is pervasive, with all of the physiologic and psychological responses expected, including an intense stress response, manifested by tachycardia, rapid heart beat and gasping for breath. There is a real risk of death from actually drowning or suffering a heart attack or damage to the lungs from inhalation of water. Long term effects include panic attacks, depression and PTSD. I remind you of the patient I described earlier who would panic and gasp for breath whenever it rained even years after his abuse."<ref>Senate Select Committee on Intelligence Hearing on U.S. Interrogation Policy and Executive Order 13440, September 25, 2007, Statement by Allen S. Keller, M.D.</ref>
Historical uses
Spanish Inquisition
en.wikipedia.org/w/index.php?title=Special:Booksources&isbn=071030837X ISBN 0-7103-0837-X].</ref> One source has claimed that the use of water as a form of torture also had profound religious significance to the Inquisitors.<ref name='UCHI_WB_112907'> Schweiker , William
. " Baptism by Torture " , The Marty Martin Center , University of Chicago , 2007-11-29 . Retrieved on 2007-12-19 . "Why did practices similar to waterboarding develop as a way to torture heretics—whether the heretics were Anabaptists or, in the Inquisition, Protestants of any stripe as well as Jews and witches and others? Roman Catholics and Protestants alike persecuted the Anabaptists or "re-baptizers" since these people denied infant baptism in favor of adult baptism. The use of torture and physical abuse was meant to stem the movement and also to bring salvation to heretics. It had been held—at least since St. Augustine—that punishment, even lethal in form, could be an act of mercy meant to keep a sinner from continuing in sin, either by repentance of heresy or by death. King Ferdinand declared that drowning—called the third baptism—was a suitable response to Anabaptists. Water as a form of torture was an inversion of the waters of baptism under the (grotesque) belief that it could deliver the heretic from his or her sins. In the Inquisition, the practice was not drowning as such, but the threat of drowning, and the symbolic threat of baptism. The tortura del agua or toca entailed forcing the victim to ingest water poured into a cloth stuffed into the mouth in order to give the impression of drowning. Because of the wide symbolic meaning of "water" in the Christian and Jewish traditions (creation, the great flood, the parting of the Red Sea in the Exodus and drowning of the Egyptians (!), Christ's walking on the water, and, centrally for Christians, baptism as a symbolic death that gives life), the practice takes on profound religious significance. Torture has many forms, but torture by water as it arose in the Roman Catholic and Protestant reformations seemingly drew some of its power and inspiration from theological convictions about repentance and salvation. It was, we must now surely say, a horrific inversion of the best spirit of Christian faith and symbolism."</ref>//en.wikipedia.org/w/index.php?title=Special:Booksources&isbn=071030837X ISBN 0-7103-0837-X].</ref> One source has claimed that the use of water as a form of torture also had profound religious significance to the Inquisitors.<ref name='UCHI_WB_112907'> Schweiker , William . " Baptism by Torture " , The Marty Martin Center , University of Chicago , 2007-11-29 . Retrieved on 2007-12-19 . "Why did practices similar to waterboarding develop as a way to torture heretics—whether the heretics were Anabaptists or, in the Inquisition, Protestants of any stripe as well as Jews and witches and others? Roman Catholics and Protestants alike persecuted the Anabaptists or "re-baptizers" since these people denied infant baptism in favor of adult baptism. The use of torture and physical abuse was meant to stem the movement and also to bring salvation to heretics. It had been held—at least since St. Augustine—that punishment, even lethal in form, could be an act of mercy meant to keep a sinner from continuing in sin, either by repentance of heresy or by death. King Ferdinand declared that drowning—called the third baptism—was a suitable response to Anabaptists. Water as a form of torture was an inversion of the waters of baptism under the (grotesque) belief that it could deliver the heretic from his or her sins. In the Inquisition, the practice was not drowning as such, but the threat of drowning, and the symbolic threat of baptism. The tortura del agua or toca entailed forcing the victim to ingest water poured into a cloth stuffed into the mouth in order to give the impression of drowning. Because of the wide symbolic meaning of "water" in the Christian and Jewish traditions (creation, the great flood, the parting of the Red Sea in the Exodus and drowning of the Egyptians (!), Christ's walking on the water, and, centrally for Christians, baptism as a symbolic death that gives life), the practice takes on profound religious significance. Torture has many forms, but torture by water as it arose in the Roman Catholic and Protestant reformations seemingly drew some of its power and inspiration from theological convictions about repentance and salvation. It was, we must now surely say, a horrific inversion of the best spirit of Christian faith and symbolism."</ref>
Colonial times
bloggingtherenaissance.blogspot.com/2006/10/early-modern-waterboarding.html Blogging the Renaissance]</ref> In one case, the torturer applied water three or four times successively until the victim's "body was swollen twice or thrice as big as before, his cheeks like great bladders, and his eyes staring and strutting out beyond his forehead."<ref>Ibid, cited in Milton 328-9, Keay 49 and Kerrigan 85. Spellings have been modernized.</ref>//bloggingtherenaissance.blogspot.com/2006/10/early-modern-waterboarding.html Blogging the Renaissance]</ref> In one case, the torturer applied water three or four times successively until the victim's "body was swollen twice or thrice as big as before, his cheeks like great bladders, and his eyes staring and strutting out beyond his forehead."<ref>Ibid, cited in Milton 328-9, Keay 49 and Kerrigan 85. Spellings have been modernized.</ref>
World War II
www.yawningbread.org/arch_1997/yax-057.htm Yawning Bread].</ref><ref name='Japanese Water Torture gallery1'> Photo Gallery / torture1
. Syonan-to Kellved
. Retrieved on 2007-12-19.
A website with historical photographs and documents on the Japanese WWII occupation of Singapore.</ref>//www.yawningbread.org/arch_1997/yax-057.htm Yawning Bread].</ref><ref name='Japanese Water Torture gallery1'> Photo Gallery / torture1 . Syonan-to Kellved
. Retrieved on 2007-12-19.
A website with historical photographs and documents on the Japanese WWII occupation of Singapore.</ref>
Algerian War
The technique was also used during the Algerian War (1954-1962). The French journalist Henri Alleg, who was subjected to waterboarding by French paratroopers in Algeria in 1957, is one of only a few people to have described in writing the first-hand experience of being waterboarded. His book The Question, published in 1958 with a preface by Jean-Paul Sartre (and subsequently banned in France until the end of the Algerian War in 1962) discusses the experience of being strapped to a plank, having his head wrapped in cloth and positioned beneath a running tap:
Modèle:Blockquote</ref>}}//news.independent.co.uk/world/americas/article3115549.ece | work = | pages = | accessdate = 2007-12-19 | language = }}</ref>}}
Alleg has stated that the incidence of "accidental" death of prisoners being subjected to waterboarding in Algeria was "very frequent."<ref name='DN!_WB_110507' />
Vietnam War
media3.washingtonpost.com/wp-dyn/content/photo/2006/10/05/PH2006100500898.jpg photo]</sup><ref name="WashPostWaterboarding_100406" /> The article described the practice as "fairly common."<ref name="WashPostWaterboarding_100406" /> The photograph led to the soldier being court-martialled by a U.S. military court within one month of its publication, and he was thrown out of the army.<ref name="abchist"> Charles Gibson
. " History of an Interrogation Technique: Water Boarding " , ABC News , 2005-11-12 . </ref><ref name='NRR WB Weiner 110307'> Weiner , Eric . " Waterboarding: A Tortured History " , National Public Radio , 2007-11-03 . Retrieved on 2007-12-19 . </ref> Another waterboarding photograph of the same scene is also exhibited in the War Remnants Museum at Ho Chi Minh City.<ref name='FletcherWater1'> Fletcher , Harrel
. Harrel Fletcher - The American War
. Retrieved on 2007-12-19. </ref>//media3.washingtonpost.com/wp-dyn/content/photo/2006/10/05/PH2006100500898.jpg photo]</sup><ref name="WashPostWaterboarding_100406" /> The article described the practice as "fairly common."<ref name="WashPostWaterboarding_100406" /> The photograph led to the soldier being court-martialled by a U.S. military court within one month of its publication, and he was thrown out of the army.<ref name="abchist"> Charles Gibson
. " History of an Interrogation Technique: Water Boarding " , ABC News , 2005-11-12 . </ref><ref name='NRR WB Weiner 110307'> Weiner , Eric . " Waterboarding: A Tortured History " , National Public Radio , 2007-11-03 . Retrieved on 2007-12-19 . </ref> Another waterboarding photograph of the same scene is also exhibited in the War Remnants Museum at Ho Chi Minh City.<ref name='FletcherWater1'> Fletcher , Harrel
. Harrel Fletcher - The American War
. Retrieved on 2007-12-19. </ref>
Khmer Rouge
The Khmer Rouge at the Tuol Sleng prison in Phnom Penh, Cambodia, used waterboarding as a method of torture between 1975 and 1979.
Contemporary use and the United States
Many reports say that intelligence officers of the United States used waterboarding to interrogate prisoners captured in its War on Terrorism.
www.newsweek.com/id/54093/page/1 | work = | pages = | accessdate = 2007-12-20 | language = }}</ref>//www.newsweek.com/id/54093/page/1 | work = | pages = | accessdate = 2007-12-20 | language = }}</ref>
In November 2005, ABC News reported that former CIA agents claimed that the CIA engaged in a modern form of waterboarding, along with five other "Enhanced Interrogation Techniques", against suspected members of al Qaeda.
news.bbc.co.uk/2/hi/americas/6909331.stm | work = | pages = | accessdate = 2007-12-19 | language = }}</ref> While the guidelines for interrogation do not specifically ban waterboarding, the executive order refers to torture as defined by 18 USC 2340, which includes "the threat of imminent death," as well as the U.S. Constitution's ban on cruel and unusual punishment.<ref name='WhiteHouseWB-1-execorder'> Bush , George W.
(2007-07-20) . Executive Order: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency
. Retrieved on 2007-12-19. </ref> Reaction to the order was mixed, with the CIA satisfied that it "clearly defined" the agency's authorities, but Human Rights Watch saying that answer about what specific techniques had been banned lay in the classified companion document and that "the people in charge of interpreting [that] document don't have a particularly good track record of reasonable legal analysis."<ref name='LATimes-WB 072107'> Miller , Greg
. " Bush Signs New CIA Interrogation Rules " , Los Angeles Times , 2007-07-21 . Retrieved on 2007-12-19 . </ref>//news.bbc.co.uk/2/hi/americas/6909331.stm | work = | pages = | accessdate = 2007-12-19 | language = }}</ref> While the guidelines for interrogation do not specifically ban waterboarding, the executive order refers to torture as defined by 18 USC 2340, which includes "the threat of imminent death," as well as the U.S. Constitution's ban on cruel and unusual punishment.<ref name='WhiteHouseWB-1-execorder'> Bush , George W.
(2007-07-20) . Executive Order: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency
. Retrieved on 2007-12-19. </ref> Reaction to the order was mixed, with the CIA satisfied that it "clearly defined" the agency's authorities, but Human Rights Watch saying that answer about what specific techniques had been banned lay in the classified companion document and that "the people in charge of interpreting [that] document don't have a particularly good track record of reasonable legal analysis."<ref name='LATimes-WB 072107'> Miller , Greg
. " Bush Signs New CIA Interrogation Rules " , Los Angeles Times , 2007-07-21 . Retrieved on 2007-12-19 . </ref>
blogs.abcnews.com/theblotter/2007/09/cia-bans-water-.html | work =The Blotter | pages = | accessdate = 2007-12-19 | language = }}</ref> On November 5, 2007, The Wall Street Journal reported that its "sources confirm... that the CIA has only used this interrogation method against three terrorist detainees and not since 2003."<ref name="onlythreetimes">« »</ref> John Kiriakou, a former CIA officer, is the first official within the U.S. government to openly admit to the use of waterboarding as an interrogation technique, as of December 10, 2007.<ref name=a> Joby Warrick and Dan Eggen
(2007)
. Waterboarding Recounted
(HTML)
. The Washington Post
. Retrieved on 2007-11-12. </ref> <ref name='Dallas'> Mark Davis
(2007)
. His second guess is wrong: Former CIA agent confirms that waterboarding worked but then questions its use
(HTML)
. The Dallas Morning News
. Retrieved on 2007-20-12. </ref>//blogs.abcnews.com/theblotter/2007/09/cia-bans-water-.html | work =The Blotter | pages = | accessdate = 2007-12-19 | language = }}</ref> On November 5, 2007, The Wall Street Journal reported that its "sources confirm... that the CIA has only used this interrogation method against three terrorist detainees and not since 2003."<ref name="onlythreetimes">« »</ref> John Kiriakou, a former CIA officer, is the first official within the U.S. government to openly admit to the use of waterboarding as an interrogation technique, as of December 10, 2007.<ref name=a> Joby Warrick and Dan Eggen
(2007)
. Waterboarding Recounted
(HTML)
. The Washington Post
. Retrieved on 2007-11-12. </ref> <ref name='Dallas'> Mark Davis
(2007)
. His second guess is wrong: Former CIA agent confirms that waterboarding worked but then questions its use
(HTML)
. The Dallas Morning News
. Retrieved on 2007-20-12. </ref>
Khalid Sheikh Mohammed
www.newyorker.com/reporting/2007/08/13/070813fa_fact_mayer?printable=true | work = | pages = | accessdate = 2007-12-19 | language = }}</ref>//www.newyorker.com/reporting/2007/08/13/070813fa_fact_mayer?printable=true | work = | pages = | accessdate = 2007-12-19 | language = }}</ref>
unbossed.com/index.php?itemid=1142 | work = | pages = | accessdate = 2007-12-19 | language = }}</ref> The following are the questions and answers at issue, excerpted from the transcript of the interview://unbossed.com/index.php?itemid=1142 | work = | pages = | accessdate = 2007-12-19 | language = }}</ref> The following are the questions and answers at issue, excerpted from the transcript of the interview:
Hennen: "…And I've had people call and say, please, let the Vice President know that if it takes dunking a terrorist in water, we're all for it, if it saves American lives. Again, this debate seems a little silly given the threat we face, would you agree?"//www.whitehouse.gov/news/releases/2006/10/20061024-7.html |title=Interview of the Vice President by Scott Hennen, WDAY at Radio Day at the White House |accessdate=2007-07-20 |date=2006-10-24 |publisher=The White House }}</ref></blockquote>
Cheney: "I do agree. And I think the terrorist threat, for example, with respect to our ability to interrogate high value detainees like Khalid Sheikh Mohammed, that's been a very important tool that we've had to be able to secure the nation. Khalid Sheikh Mohammed provided us with enormously valuable information about how many there are, about how they plan, what their training processes are and so forth, we've learned a lot. We need to be able to continue that."
…
Hennen: "Would you agree a dunk in water is a no-brainer if it can save lives?"
www.whitehouse.gov/news/releases/2006/10/20061024-7.html |title=Interview of the Vice President by Scott Hennen, WDAY at Radio Day at the White House |accessdate=2007-07-20 |date=2006-10-24 |publisher=The White House }}</ref>
www.whitehouse.gov/news/releases/2006/10/20061027-1.html |title=Press Briefing by Tony Snow |accessdate=2007-12-19 |date=2006-10-27 |publisher=The White House }}</ref>//www.whitehouse.gov/news/releases/2006/10/20061027-1.html |title=Press Briefing by Tony Snow |accessdate=2007-12-19 |date=2006-10-27 |publisher=The White House }}</ref> blogs.abcnews.com/theblotter/2007/09/how-the-cia-bro.html | work =The Blotter | pages = | accessdate = 2007-12-20 | language = }}</ref>//blogs.abcnews.com/theblotter/2007/09/how-the-cia-bro.html | work =The Blotter | pages = | accessdate = 2007-12-20 | language = }}</ref>
www.usatoday.com/news/world/2007-03-16-ksm-aq_N.htm | work =USA Today | pages = | accessdate = 2007-12-20 | language = }}</ref> which led officials to think that he knew where the Al Qaeda founder was hiding.<ref name='CNN WB_091307'>"
Khalid Shaikh Mohammed: life of terror " , CNN , 2003-09-23 . Retrieved on 2007-12-20 . </ref>//www.usatoday.com/news/world/2007-03-16-ksm-aq_N.htm | work =USA Today | pages = | accessdate = 2007-12-20 | language = }}</ref> which led officials to think that he knew where the Al Qaeda founder was hiding.<ref name='CNN WB_091307'>" Khalid Shaikh Mohammed: life of terror " , CNN , 2003-09-23 . Retrieved on 2007-12-20 . </ref>
news.independent.co.uk/world/americas/article2368990.ece | work = | pages = | accessdate = 2007-12-20 | language = }}</ref> This is disputed by two former CIA officers who are reportedly friends with one of Khalid Sheikh Mohammed interrogators called this bravado, and who claimed that he was waterboarded only once. According to one of the officers, Khalid Sheikh Mohammed needed only to be shown the drowning equipment again before he "broke." "Waterboarding works," the former officer said. "Drowning is a baseline fear. So is falling. People dream about it. It’s human nature. Suffocation is a very scary thing. When you’re waterboarded, you’re inverted, so it exacerbates the fear. It’s not painful, but it scares the shit out of you." (The former officer was waterboarded himself in a training course.) Khalid Sheikh Mohammed, he claimed, "didn’t resist. He sang right away. He cracked real quick." He said, "A lot of them want to talk. Their egos are unimaginable. (He) was just a little doughboy. He couldn't stand toe to toe and fight it out."<ref name="John_Mayer_Black_Sites"/> After being subjected to waterboarding, Khalid Sheikh Mohammed claimed involvement in thirty-one terrorist plots.<ref name='BBC WB_091507'>"
Khalid Sheikh Mohammed's '31 plots' " , BBC News , 2007-03-15 . Retrieved on 2007-12-20 . </ref>//news.independent.co.uk/world/americas/article2368990.ece | work = | pages = | accessdate = 2007-12-20 | language = }}</ref> This is disputed by two former CIA officers who are reportedly friends with one of Khalid Sheikh Mohammed interrogators called this bravado, and who claimed that he was waterboarded only once. According to one of the officers, Khalid Sheikh Mohammed needed only to be shown the drowning equipment again before he "broke." "Waterboarding works," the former officer said. "Drowning is a baseline fear. So is falling. People dream about it. It’s human nature. Suffocation is a very scary thing. When you’re waterboarded, you’re inverted, so it exacerbates the fear. It’s not painful, but it scares the shit out of you." (The former officer was waterboarded himself in a training course.) Khalid Sheikh Mohammed, he claimed, "didn’t resist. He sang right away. He cracked real quick." He said, "A lot of them want to talk. Their egos are unimaginable. (He) was just a little doughboy. He couldn't stand toe to toe and fight it out."<ref name="John_Mayer_Black_Sites"/> After being subjected to waterboarding, Khalid Sheikh Mohammed claimed involvement in thirty-one terrorist plots.<ref name='BBC WB_091507'>" Khalid Sheikh Mohammed's '31 plots' " , BBC News , 2007-03-15 . Retrieved on 2007-12-20 . </ref>
Abu Zubaida
There have also been reports that Abu Zubaida was waterboarding while detained by the U.S. government.
www.theglobeandmail.com/servlet/Page/document/v5/content/subscribe?user_URL=http://www.theglobeandmail.com%2Fservlet%2Fstory%2FLAC.20071212.WORLD12-1%2FTPStory%2FTPInternational%2FAmerica%2F&ord=9624153&brand=theglobeandmail&force_login=true | work = | pages = | accessdate = 2007-12-20 | language = }}</ref> and consequently gave a great deal of information about the 9/11 attack plot, although the veracity of some of his statements has been called into question.<ref name='Newsweek WB_042702'> Hosenball , Mark
. " How Good Is Abu Zubaydah’s Information? " , Newsweek , 2002-04-27 . Retrieved on 2007-12-20 . </ref> Such information was used by the Canadian government in seeking to uphold the 'security certificate' of Mohamed Harkat. Participating in his interrogation were two American psychologists, James Elmer Mitchell and R. Scott Shumate.<ref name='DemNow WB_073007'>" Rorschach and Awe: As Opposition Grows Over the APA’s Policy Allowing Psychologists to Take Part in Military Interrogations, Vanity Fair Exposes How Two Psychologists Shaped the CIA’s Torture Methods " , Democracy Now! , 2007-07-30 . Retrieved on 2007-12-20 . </ref><ref name='DemNow WB_121007'>" The Destroyed CIA Torture Tapes & Psychologists " , Democracy Now! , 2007-12-10 . Retrieved on 2007-12-20 . </ref>//www.theglobeandmail.com/servlet/Page/document/v5/content/subscribe?user_URL=http://www.theglobeandmail.com%2Fservlet%2Fstory%2FLAC.20071212.WORLD12-1%2FTPStory%2FTPInternational%2FAmerica%2F&ord=9624153&brand=theglobeandmail&force_login=true | work = | pages = | accessdate = 2007-12-20 | language = }}</ref> and consequently gave a great deal of information about the 9/11 attack plot, although the veracity of some of his statements has been called into question.<ref name='Newsweek WB_042702'> Hosenball , Mark . " How Good Is Abu Zubaydah’s Information? " , Newsweek , 2002-04-27 . Retrieved on 2007-12-20 . </ref> Such information was used by the Canadian government in seeking to uphold the 'security certificate' of Mohamed Harkat. Participating in his interrogation were two American psychologists, James Elmer Mitchell and R. Scott Shumate.<ref name='DemNow WB_073007'>" Rorschach and Awe: As Opposition Grows Over the APA’s Policy Allowing Psychologists to Take Part in Military Interrogations, Vanity Fair Exposes How Two Psychologists Shaped the CIA’s Torture Methods " , Democracy Now! , 2007-07-30 . Retrieved on 2007-12-20 . </ref><ref name='DemNow WB_121007'>" The Destroyed CIA Torture Tapes & Psychologists " , Democracy Now! , 2007-12-10 . Retrieved on 2007-12-20 . </ref>
www.washingtonpost.com/wp-dyn/content/article/2007/12/17/AR2007121702151_pf.html FBI, CIA Debate Significance of Terror Suspect] Washington Post, Tuesday, December 18, 2007, A01 </ref></blockquote>//www.washingtonpost.com/wp-dyn/content/article/2007/12/17/AR2007121702151_pf.html FBI, CIA Debate Significance of Terror Suspect] Washington Post, Tuesday, December 18, 2007, A01 </ref></blockquote>
Classification as torture
Today, waterboarding is considered to be torture by a wide range of authorities.<ref name='HRW open letter WB' /><ref name='JuristPittWB_100807' /><ref name='CNN_WB_101007' /><ref name='DN!_WB_110507' /><ref name='NW_WB_110507' /><ref name='CaL_WB_110507' /><ref name='HRW_WB_110507' /><ref name='AI_WB_102607' />
Classification as torture in the United States
Whether waterboarding should be classified as a method of torture was not widely in debated in the United States before it was alleged that members of the CIA have used the technique against certain suspected detained terrorists.[citation needed] Since then, some commentators have argued that waterboarding as an interrogation method should not qualify as torture in certain circumstances while other individuals have refused to state whether they would consider waterboarding to be torture without knowing the specific facts of a situation.
www.newsmax.com/insidecover/Waterboard_Not_Torture/2007/12/10/56046.html | work = | pages = | accessdate = 2007-12-20 | language = }}</ref> Andrew C. McCarthy, a licensed attorney and former U.S. federal prosecutor, states in an October 2007 op-ed in National Review that he believes that, when used "some number of instances that were not prolonged or extensive", waterboarding should not qualify as torture under the law. McCarthy continues: "Reasonable minds can and do differ on this. Personally, I don't believe it qualifies. It is not in the nature of the barbarous sadism universally condemned as torture, an ignominy the law, as we've seen, has been patently careful not to trivialize or conflate with lesser evils."<ref name='NRO WB_092607'> McCarthey , Andrew C.
. " Waterboarding and Torture " , National Review , 2007-12-10 . Retrieved on 2007-12-20 . </ref> The Wall Street Journal also implied in a November 2005 editorial that it did not view the technique as a method of 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."<ref>A 'Tortured' Debate: A ban on aggressive interrogation would amount to unilateral disarmament in the war on terror. Wall Street Journal, Saturday, November 12, 2005</ref>//www.newsmax.com/insidecover/Waterboard_Not_Torture/2007/12/10/56046.html | work = | pages = | accessdate = 2007-12-20 | language = }}</ref> Andrew C. McCarthy, a licensed attorney and former U.S. federal prosecutor, states in an October 2007 op-ed in National Review that he believes that, when used "some number of instances that were not prolonged or extensive", waterboarding should not qualify as torture under the law. McCarthy continues: "Reasonable minds can and do differ on this. Personally, I don't believe it qualifies. It is not in the nature of the barbarous sadism universally condemned as torture, an ignominy the law, as we've seen, has been patently careful not to trivialize or conflate with lesser evils."<ref name='NRO WB_092607'> McCarthey , Andrew C. . " Waterboarding and Torture " , National Review , 2007-12-10 . Retrieved on 2007-12-20 . </ref> The Wall Street Journal also implied in a November 2005 editorial that it did not view the technique as a method of 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."<ref>A 'Tortured' Debate: A ban on aggressive interrogation would amount to unilateral disarmament in the war on terror. Wall Street Journal, Saturday, November 12, 2005</ref>
www.glennbeck.com/news/12122007b.shtml Transcript of Glenn Beck program]</ref>//www.glennbeck.com/news/12122007b.shtml Transcript of Glenn Beck program]</ref>
www.cnn.com/2007/POLITICS/11/06/waterboard.poll/ Poll results: Waterboarding is torture] CNN, November 6, 2007</ref>//www.cnn.com/2007/POLITICS/11/06/waterboard.poll/ Poll results: Waterboarding is torture] CNN, November 6, 2007</ref>
As a political issue in confirmation hearings
www.washingtonpost.com/wp-dyn/content/article/2007/10/30/AR2007103001481_pf.html Mukasey Losing Democrats' Backing: Nominee Unsure If Waterboarding Breaks Torture Law] Washington Post, Wednesday, October 31, 2007; A01.</ref>//www.washingtonpost.com/wp-dyn/content/article/2007/10/30/AR2007103001481_pf.html Mukasey Losing Democrats' Backing: Nominee Unsure If Waterboarding Breaks Torture Law] Washington Post, Wednesday, October 31, 2007; A01.</ref>
www.iht.com/articles/2007/12/19/america/19justice.php U.S. Justice Department nominee refuses to answer question about waterboarding] International Herald Tribue, December 19, 2007</ref>//www.iht.com/articles/2007/12/19/america/19justice.php U.S. Justice Department nominee refuses to answer question about waterboarding] International Herald Tribue, December 19, 2007</ref>
As a political issue in 2008 presidential election
www.sltrib.com/opinion/ci_7732107 Salt Lake Tribune article] "At an Iowa press conference, Huckabee said, 'Waterboarding is torture, and torture violates the moral code of Americans and jeopardizes the country's security. We should aggressively interrogate terrorism suspects and go after those who seek to do the country harm, but when we go to the point of violating our own moral code, then instead of advancing our country, its safety and our security, we in fact jeopardize it.'</ref>, Joseph Biden <ref>“Waterboarding is by any standard, torture. I called on my colleagues today to support legislation I introduced this summer banning waterboarding and other forms of torture. When we use torture or other cruel and inhumane treatment of detainees, we diminish our ability to argue that the same techniques should not be used against our own troops. We need to send a clear message that torture, inhumane, and degrading treatment of detainees is unacceptable and is not permitted by U.S. law. Period.” Source: Statement. October 30th, 2007. http://www.veteransforcommonsense.org/index.cfm/page/article/id/8684</ref> Chris Dodd<ref>“Absolutely, according to both US law and international conventions.” Source: “The Questions I Wish I Were Asked.” The Huffington Post. November 1, 2007. http://www.huffingtonpost.com/chris-dodd</ref> Barack Obama<ref>“I have been consistent in my strong beliefs that no administration should allow the use of torture, including so-called ‘enhanced-interrogation techniques’ like waterboarding, head-slapping, and extreme temperatures." Source: October 29th, campaign statement. http://www.nytimes.com/imagepages/2007/11/03/us/politics/03torture.web.html</ref>) have state unequivocally that waterboarding is torture, while others have refused to state this position or have stated that they do not believe waterboarding is torture.//www.sltrib.com/opinion/ci_7732107 Salt Lake Tribune article] "At an Iowa press conference, Huckabee said, 'Waterboarding is torture, and torture violates the moral code of Americans and jeopardizes the country's security. We should aggressively interrogate terrorism suspects and go after those who seek to do the country harm, but when we go to the point of violating our own moral code, then instead of advancing our country, its safety and our security, we in fact jeopardize it.'</ref>, Joseph Biden <ref>“Waterboarding is by any standard, torture. I called on my colleagues today to support legislation I introduced this summer banning waterboarding and other forms of torture. When we use torture or other cruel and inhumane treatment of detainees, we diminish our ability to argue that the same techniques should not be used against our own troops. We need to send a clear message that torture, inhumane, and degrading treatment of detainees is unacceptable and is not permitted by U.S. law. Period.” Source: Statement. October 30th, 2007. http://www.veteransforcommonsense.org/index.cfm/page/article/id/8684</ref> Chris Dodd<ref>“Absolutely, according to both US law and international conventions.” Source: “The Questions I Wish I Were Asked.” The Huffington Post. November 1, 2007. http://www.huffingtonpost.com/chris-dodd</ref> Barack Obama<ref>“I have been consistent in my strong beliefs that no administration should allow the use of torture, including so-called ‘enhanced-interrogation techniques’ like waterboarding, head-slapping, and extreme temperatures." Source: October 29th, campaign statement. http://www.nytimes.com/imagepages/2007/11/03/us/politics/03torture.web.html</ref>) have state unequivocally that waterboarding is torture, while others have refused to state this position or have stated that they do not believe waterboarding is torture.
thecaucus.blogs.nytimes.com/2007/10/25/in-his-own-words-giuliani-on-torture/ In His Words: Giuliani on Torture]</ref>//thecaucus.blogs.nytimes.com/2007/10/25/in-his-own-words-giuliani-on-torture/ In His Words: Giuliani on Torture]</ref>
www.nytimes.com/2007/09/05/us/politics/06text.html?pagewanted=14&ref=politics Transcript of Fox Republican Rebates]</ref>//www.nytimes.com/2007/09/05/us/politics/06text.html?pagewanted=14&ref=politics Transcript of Fox Republican Rebates]</ref>
www.npr.org/templates/story/story.php?storyId=16726577 Link to NPR article on debate]</ref>//www.npr.org/templates/story/story.php?storyId=16726577 Link to NPR article on debate]</ref>
Legality
All nations that are signatory to the United Nations Convention Against Torture have agreed they are subjected to the explicit prohibition on torture under any condition, and as such there exists no legal exception under this treaty. (The treaty states "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.") Additionally, signatories of the Universal Declaration of Human Rights are bound to Article 5, which states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
United States
www.washingtonpost.com/wp-dyn/content/article/2006/10/04/AR2006100402005.html "Waterboarding Historically Controversial; In 1947, the U.S. Called It a War Crime; in 1968, It Reportedly Caused an Investigation"] Washington Post, October 5, 2006, pg. A17. viewed October 5, 2006</ref> The charges of Violation of the Laws and Customs of War against Asano also included "beating using hands, fists, club; kicking; burning using cigarettes; strapping on a stretcher head downward."<ref>Case Defendant: Asano, Yukio from Case Synopses from Judge Advocate's Reviews Yokohama Class B and C War Crimed Trials. Accessed on March 7, 2006</ref>//www.washingtonpost.com/wp-dyn/content/article/2006/10/04/AR2006100402005.html "Waterboarding Historically Controversial; In 1947, the U.S. Called It a War Crime; in 1968, It Reportedly Caused an Investigation"] Washington Post, October 5, 2006, pg. A17. viewed October 5, 2006</ref> The charges of Violation of the Laws and Customs of War against Asano also included "beating using hands, fists, club; kicking; burning using cigarettes; strapping on a stretcher head downward."<ref>Case Defendant: Asano, Yukio from Case Synopses from Judge Advocate's Reviews Yokohama Class B and C War Crimed Trials. Accessed on March 7, 2006</ref>
In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognized "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record,<ref name = "Human Rights"> Modèle:Cite journal</ref> and critics of waterboarding draw parallels between the two techniques, citing the similar usage of water on the subject. On September 6, 2006, the U.S. Department of Defense released a revised Army Field Manual entitled Human Intelligence Collector Operations that prohibits the use of waterboarding by U.S. military personnel. The department adopted the manual amid widespread criticism of U.S. handling of prisoners in the War on Terrorism, and prohibits other practices in addition to waterboarding. The revised manual applies only to U.S. military personnel, and as such does not apply to the practices of the CIA.<ref name='AP-CBS WB_092607'>"
U.S. Army Bans Torture Of Prisoners " , Associated Press , CBS News , 2007-09-06 . Retrieved on 2007-12-20 . </ref> However, under international law, violators of the laws of war are criminally liable under the command responsibility, and could still be prosecuted for war crimes.<ref name='UPitt WB_042305'> Samuel , Alexandria . " Rights group calls for special prosecutor to investigate abuse roles of Rumsfeld, Tenet " , The Jurist , University of Pittsburgh , 2007-09-06 . Retrieved on 2007-12-20 . </ref>//www.state.gov/g/drl/rls/hrrpt/2005/61700.htm}}</ref> and critics of waterboarding draw parallels between the two techniques, citing the similar usage of water on the subject. On September 6, 2006, the U.S. Department of Defense released a revised Army Field Manual entitled Human Intelligence Collector Operations that prohibits the use of waterboarding by U.S. military personnel. The department adopted the manual amid widespread criticism of U.S. handling of prisoners in the War on Terrorism, and prohibits other practices in addition to waterboarding. The revised manual applies only to U.S. military personnel, and as such does not apply to the practices of the CIA.<ref name='AP-CBS WB_092607'>" U.S. Army Bans Torture Of Prisoners " , Associated Press , CBS News , 2007-09-06 . Retrieved on 2007-12-20 . </ref> However, under international law, violators of the laws of war are criminally liable under the command responsibility, and could still be prosecuted for war crimes.<ref name='UPitt WB_042305'> Samuel , Alexandria . " Rights group calls for special prosecutor to investigate abuse roles of Rumsfeld, Tenet " , The Jurist , University of Pittsburgh , 2007-09-06 . Retrieved on 2007-12-20 . </ref>
References
Bibliography
- Alleg, Henri (2006; original French version published in 1958). The Question. Preface by Jean-Paul Sartre. Translated by John Calder. Bison Books. ISBN 0803259603. ISBN 9780803259607.
See also
- At the Center of the Storm: My Years at the CIA
- Command responsibility
- Dunking
- Enhanced interrogation techniques
- Water torture
- Water curede:Waterboarding
fr:Waterboarding it:Waterboarding nl:Waterboarding pl:Waterboarding fi:Waterboarding
Catégories de la page: All articles with unsourced statements | Articles with unsourced statements since December 2007 | Articles with invalid date parameter in template | Physical torture techniques | George W. Bush administration controversies | Laws of war | War crimes | Human rights abuses | Torture
