Deceit Culture 4

by Uriel Wittenberg (uw@urielw.com)

December 17, 2005


This is one instalment in the Deceit Culture series (see index).

"[O]ur identity and sense of selves as the good guys" — which is the "true basis" of America's power — is being lost as the nation equivocates about torture, comments Jane Stitelman in a letter to the editor in today's New York Times.

Another letter today, by John Schmierer, says:

[H]ow did we as a nation ever get to the point of having a debate over the use of torture?

Growing up as an American citizen, I have always believed without question that the United States would never torture anyone under any circumstances. It goes against all that this country stands for. Others engage in this atrocity, not us.

It is a sad state of affairs that we have an administration that has taken us down a path where we even have to have this debate.

I feel the same way. It disgusts me that this abomination is being seriously discussed. It should be unthinkable, in a society claiming decent values, for such immorality and obscenity to be legally sanctioned in any situation.

But it is not unthinkable, these days.

In an age when popular movies feature torture, our culture has entered a zone of smuttiness and degradation from which I doubt it will ever again emerge. Few children now will grow up "believing without question that the United States would never torture anyone under any circumstances." Many will be unmoved by the practice. They will consider it just and appropriate.

Such thinking is backed by the likes of Charles Krauthammer, a public intellectual who ridicules the idea of not using every means of coercion imaginable to extract information from a terrorist[1]:

What are we supposed to do? Give him a nice cell in a warm Manhattan prison, complete with Miranda rights, a mellifluent lawyer, and his own website?

Krauthammer scoffs at the antipathy to torture expressed in Washington:

The McCain amendment that would ban "cruel, inhuman, or degrading" treatment of any prisoner by any agent of the United States sailed through the Senate by a vote of 90-9. The Washington establishment remains stunned that nine such retrograde, morally inert persons—let alone senators—could be found in this noble capital.

Krauthammer also scorns the concerns of the Council of Europe over America's secret detention centers:

The Council of Europe demands an investigation, calling the claims "extremely worrying." Its human rights commissioner declares "such practices" to constitute "a serious human rights violation, and further proof of the crisis of values" that has engulfed the war on terror. The gnashing of teeth and rending of garments has been considerable.

I myself have not gnashed a single tooth. My garments remain entirely unrent.

In fact, I think teeth-gnashing is exactly what right-wingers like Krauthammer do habitually. The stupid sarcasm is an escape valve for the right-winger's characteristic rage and apoplexy, the thirst to enact suffering, the seething lust to deliver punishment:

Anyone who blows up a car bomb in a market deserves to spend the rest of his life roasting on a spit over an open fire.

At times, as the maniacal morality reaches a point of lip-smacking grimness, one almost senses the onset of uncontrollable hysteria:

We do not [torture for reasons of justice or revenge.] We should not do that. Ever. [...] Vengeance is mine, sayeth the Lord. His, not ours.... If Khalid Sheikh Mohammed knew nothing, ... I'd be perfectly prepared to throw him into a nice, comfortable Manhattan cell.... But as long as he had useful information, things would be different. Very different.

A profile of Krauthammer in the Times[2] says "he has arguably articulated the administration's stance [in the torture debate] better than President Bush or his cabinet secretaries." The Times, less revolted by the entire subject than some of its readers, includes wry humor in its discussion. Mentioning that Krauthammer proposed the public rationale later used by the White House in dropping its nomination of Harriet Miers to the Supreme Court, the article concludes:

Mr. Krauthammer has subsequently gotten credit for giving [the administration] a plan. And therein, he says, is a unifying theme of his recent writings. Referring to Ms. Miers, he said with a twinkle: "I didn't want to see her tortured."

*   *   *

Why — since it appears not to be self-evident — is torture wrong?

The case for torture is based on simpleton logic — the idea that it can deliver great benefits for the forces of good. The standard illustration is the "ticking bomb" case in which information must urgently be extracted from an evildoer.

Numerous torture opponents assert that torture is not an effective means of extracting information. This wishful but implausible thinking is the wrong counter-argument.

Among the right counter-arguments is the observation of the abundant evidence, all around us in the world, that institutions are highly imperfect. Established rules are not scrupulously upheld. Communication fails. Nuance is lost. Errors are made. Beyond the inadvertent errors, we also know well that bureaucracies deviate from their nominal objectives, their functionaries' motives are impure, and the purposes and ideals of organizations of all kinds are often ill served.

Krauthammer paints a nincompoop's fantasy — a regime that would breach the last frontier of barbarity and inhumanity rationally, applying the ultimate ghoulish, nightmarish methods to advance the interests of morality and good:

The principle would be that the level of inhumanity of the measures used (moral honesty is essential here—we would be using measures that are by definition inhumane) would be proportional to the need and value of the information. Interrogators would be constrained to use the least inhumane treatment necessary relative to the magnitude and imminence of the evil being prevented and the importance of the knowledge being obtained....

[E]xceptions to the no-torture rule ... would be reserved for highly specialized agents who are experts and experienced in interrogation.... They would be required to obtain written permission for such interrogations from the highest political authorities in the country (cabinet level) or from a quasi-judicial body modeled on the Foreign Intelligence Surveillance Court....

This mystical degree of faith in authority represents a staggering, grotesque level of naiveté and folly. The powers Krauthammer proposes to delegate are powers that cannot be entrusted to anyone. It is a certainty, in any system of fallible human beings and institutions, that errors and abuses would occur, and that the tortured would include innocent victims.

But when simpleton logic is applied, that's a price worth paying. To illustrate, suppose we apprehend someone who's in the wrong place at the wrong time. It's a fair guess he's guilty but we're not sure. A faceless operative puts the odds of guilt at 90%. The ticking nuke would vaporize half a million. What to do?

Well, in a "rational" bureaucracy, the technicians would dispassionately do the math. If the fellow is left unmolested, they'd find, the expected loss could be gauged as

90% × 500,000 = 450,000 points

(where one "point" is one lost life for the good guys).

Next to such a defeat for the forces of good, how seriously could arguments about a single person's well-being be taken?

This is where Krauthammer's infantile "rational moral calculus" leads: A nightmarish future, ruled by opaque algebraic formulas, in which innocent people can be legitimately snatched off the streets or out of their homes and consigned to fates worse than death.

The right-wingers love force, deterrence, domination, subjugation, punishment. But if we put real rationality in the service of moral goals, it leads to moral methods: less fierce moralism, less greed, less hatred; more honesty, understanding and tolerance; improved justice, education, and opportunity; and a more enlightened appreciation for the good things in life.

As for the ticking bombs — well, there is death and carnage ahead. We know that. But let at least one side of the battle represent morality and sanity. No one can calculate accumulated effects into the distant future. But we are unlikely to be better off if all parties to the struggle embrace evil.

Supplement

January 29, 2006

I want to supplement the above.

The real reason our governments should not torture in our name is that torture is in all cases an unspeakable evil.

The horror of torture, no matter against whom it is applied, should be apparent to everyone. But it's not. So in the above argument I took the probably hopeless tack of avoiding appeal to moral and aesthetic instincts, instead making the relatively pragmatic case that legalized torture is apt to be applied to innocent people.

My own views are more aligned with the categorical statements of the members of a panel of the British House of Lords which ruled on December 8, 2005 that evidence possibly obtained through torture cannot be used against terror suspects in British courts. Following are excerpts (as quoted in Crucial decisions for detention judges, The Guardian, December 9, 2005):

Lord Bingham

"The English common law has regarded torture and its fruits with abhorrence for over 500 years ... I am startled, even a little dismayed, at the suggestion (and the acceptance by the court of appeal majority) that this deeply-rooted tradition and an international obligation solemnly and explicitly undertaken can be overridden ... The issue is one of constitutional principle, whether evidence obtained by torturing another human being may lawfully be admitted against a party to proceedings in a British court ... To that question I would give a very clear negative answer."

Lord Nicholls

"Torture is not acceptable. This is a bedrock moral principle in this country. For centuries the common law has set its face against torture ... Torture attracts universal condemnation. No civilised society condones its use. Unhappily, condemnatory words are not always matched by conduct."

Lord Hoffman

"The use of torture is dishonourable. It corrupts and degrades the state which uses it and the legal system which accepts it ... Many people in the United States have felt their country dishonoured by its use of torture outside the jurisdiction and its practice of extra-legal 'rendition' of suspects to countries where they would be tortured. The rejection of torture ... has a special iconic importance as the touchstone of a humane and civilised legal system."

Lord Hope

"Torture is one of most evil practices known to man. Once torture has become acclimatised in a legal system it spreads like an infectious disease, hardening and brutalising those who have become accustomed to its use ... Views as to where the line is to be drawn may differ sharply from state to state. This can be seen from the list of practices authorised for use in Guantánamo Bay by the US authorities, some of which would shock the conscience if they were ever to be authorised for use in our own country.

Lord Rodger

"The revulsion against torture is so deeply ingrained in our law that, in my view, a court could receive statements obtained by its use only where this was authorised by express words, or perhaps the plainest possible implication, in a statute. Here, there are no express words and the provisions approved by parliament do not go so far as to show that the officious bystander who asked whether Siac could rely on a statement obtained by torture would have been testily suppressed with an 'Oh, of course!' from the legislature. I therefore hold that Siac should not take account of statements obtained by torture."

Lord Carswell

"The duty not to countenance the use of torture by admission of evidence so obtained in judicial proceedings must be regarded as paramount and that to allow its admission would shock the conscience, abuse or degrade the proceedings and involve the state in moral defilement."

Lord Brown

"Torture is an unqualified evil. It can never be justified. Rather it must always be punished."


Continued: Deceit Culture 5.


Notes

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[1]     Krauthammer quotes excerpted from The Truth about Torture, by Charles Krauthammer, The Weekly Standard, December 5, 2005.

[2]     "He Says Yes to Legalized Torture," New York Times, December 11, 2005.


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