Torture is prohibited by the Eighth Amendment to the US Constitution and the Geneva Conventions. But after the onset of the “war on terror,” the Bush administration crafted a legal justification for so-called “enhanced interrogation techniques” such as waterboarding and authorized the military to use these techniques to torture detainees.
The executive officials who were complicit in torture remain free, thanks to President Obama’s decision to “look forward, not back.” In fact, some of them remain on the government payroll and in positions of power. Failing to hold accountable those who authorized and committed torture sends the wrong message to the international community. To restore our international standing and ensure the strength of our alliances, we must disclose the evidence, prosecute wherever the evidence leads, and establish that we are a nation of laws.
Torture is not merely something takes place on foreign soil or during the course of U.S. wars, it happens everyday domestically in the United States. One example of this is the widespread use of solitary confinement in U.S. prisons. Whether it is called Special Housing Unit, Segregated Housing Unit, Administrative, Housing, or as one juvenile detention center called it “reflection cottages” or any other name solitary confinement consists of largely the same practices. Prisoners are kept in near total isolation for 22 to 24 hours a day. A solitary confinement cell measures between 6 x 9 to 8 x 10 feet. Solitary confinement is known to cause severe psychiatric disturbances, something the Supreme Court noted in 1890. The United Nations Special Rapporteur on Torture has called for it to be banned and the Department of Justice Civil Rights division has found that solitary confinement for those with mental illness violates the 8th Amendment’s prohibition on cruel and unusual punishment.
On any given day in the United States 80,000 to 100,000 are subjected to this type of treatment.
The death penalty is another example of torture that takes place right here at home. The death penalty is inherently cruel and unusual punishment. Death row inmates in the U.S. will also spend years, sometimes decades, waiting to die in solitary confinement. Recent attention to botched executions shows the hideous and painful ways the state kills its citizens. Attempts to reform the death penalty, to come up with new “humane” ways of killing have been abysmal failures. The only solution to this form of torture is its total abolition.
January 11 Will Be A Very Busy Day. Join Us to Protest Gitmo, Deliver Petitions Demanding Release of the Torture Report, and to Protest Sessions & Pompeo!
January 11 marks the 15th anniversary of the establishment of the prison at Guantanamo Bay. It also happens to be a day of important confirmation hearings, including those of torture apologists Jeff Sessions to be Attorney General, and Mike Pompeo to be CIA Director.
DHS is responsible for a number of areas where civil liberties are concerned. It oversees immigration enforcement, as well as, the US response to the border. DHS has been implicated in the monitoring of domestic social movements. It is therefore highly inappropriate that Kelly, given his background of human rights abuses and anti-civil libertarian views, would be named to head the DHS.
On December 9, 2016 President Barack Obama wrote to Senator Dianne Feinstein (D-CA), the Vice-Chair of the Senate Intelligence Committee, to inform her that he had included the Senate Torture Report amongst his presidential records. This move means the Senate Torture Report will be preserved under the Presidential Record Act and could be declassified in 12 years.