No, Wait…We Can Torture…
By Justin Gardner | Related entries in Bad Decisions, Law, The War On TerrorismBush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.
Here’s what the judge on the case said…
U.S. District Judge Gladys Kessler said in a hearing yesterday that she found allegations of aggressive U.S. military tactics used to break the detainee hunger strike “extremely disturbing” and possibly against U.S. and international law. But Justice Department lawyers argued that even if the tactics were considered in violation of McCain’s language, detainees at Guantanamo would have no recourse to challenge them in court.
So basically we’re saying, “We’re force feeding this enemy combatant so we can further torture him…indefinitely.”
When will this end? And please don’t answer with , “When the terrorists stop bombing us!” You all know what I mean by my question, so please respond to it earnestly.
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March 4th, 2006 at 9:28 am
The standing for hours on end, the extreme hot and cold, the extended solitary confinement – these things are marginally torture. Not like pulling our fingernails, not like getting your toes cut off, but still “torture-lite”.
However, force feeding people who are trying to starve themselves doesn’t strike me as a gross violation of human rights.
March 4th, 2006 at 10:25 am
It seems to me that this issue is a surface symptom. Most of these people have been confined for quite some time. I would think we would have extracted the infor we need at this point. These people are no longer enemy combatants, they are prisoners who need to have trial now and have their future determined.
March 4th, 2006 at 11:56 am
However, force feeding people who are trying to starve themselves doesn’t strike me as a gross violation of human rights.
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/17/AR2005121700018.html
March 4th, 2006 at 5:18 pm
Thank you for linking to that Philip. I believe we posted about it when it came out. This should demonstrate to everybody exactly how something may not SEEM like torture, but actually is.
I mean, have you ever tried feeding an uncooperative baby? That’s hard enough, let alone a grown man who could very well be just as strong as you, and determined not to open their mouth.
March 4th, 2006 at 10:24 pm
Just out of curiosity, if those folks had succeeded in starving themselves to death, Justin, would you be among the chorus of the “their blood is on Bush’s hands” crooners?
March 5th, 2006 at 1:14 pm
Oh, of course. Don’t you get it? I blame Bush for everything!
But to answer your question earnestly, the blood would be on America’s hands. Bush and his administration speaks for each and every one of us. So you can’t have a policy like indefinite detainment without access to legal counsel and not be responsible for the well being of these people, regardless of what they may do to themselves. Sure, it’s a Catch 22, but it’s of our own making. The administration’s lawyers found “legal” ways to support these dubious decisions and now we all have to deal with the consequences.
March 6th, 2006 at 11:02 pm
I blame Bush for everything!
No, no, it’s Shrubbie McHitlerBurton! At least that’s what Glenn Reynolds and Callimachus say we’re supposed to be callin’ ‘im.