Baltimore Sun

Torture apologists shred U.S. credibilti­y

- By Jeffrey Davis requires Jeffrey Davis (davisj@umbc.edu) is a professor at the University of Maryland Baltimore County (UMBC), and author of “Seeking Human Rights Justice” and “Justice Across Borders.”

fter World War II, the United States and its allies punished German and Japanese torturers in tribunals at Nuremberg and Tokyo, and the U.S. assumed a leading role in drafting treaties to prevent these horrors from recurring. We also signed and ratified three of these treaties — one of which the United States to investigat­e and punish alleged violations — and passed laws declaring torture to be a felony that can even carry the death penalty.

But now we might as well dismantle the National World War II Memorial on the Washington Mall. Maybe we can use the scraps to enlarge Guantanamo or construct a giant granite waterboard instead. The president has nominated an apparent torturer, Gina Haspel, to head the CIA, and a torture apologist, Mike Pompeo, to be our top diplomat.

So, instead of punishing American torturers — which we failed to do with any significan­ce despite the truckloads of evidence exposed in the years following the 2001 terrorist attacks — we are now elevating them to the highest levels of government. With the selection of Ms. Haspel and Mr. Pompeo, we shred what is left of the rule of law and turn our back on the very human rights that distinguis­h us from the terrorists we fight.

Ms. Haspel oversaw a secret prison in Thailand where CIA agents and contractor­s tortured suspected terrorists in the

Ayears following the 911 terrorist attacks, using such “enhanced techniques” as extended sleep deprivatio­n, slamming detainees against a wall, locking them in small coffin-sized boxes (sometimes with insects) and simulated drowning: the waterboard. She reportedly presided specifical­ly over the waterboard­ing of Abd al-Rahim al-Nashiri, the manaccused of planning the deadly attack against the USS Cole.

What’s more, she helped orchestrat­e the torture program and then helped destroy evidence of it once the public learned of the CIA’s activities, which were cruel, inhumane and utterly ineffectiv­e. In fact, the CIA considered one such “interrogat­ion” — on Saudi Arabian Abu Zubaydah, who was irreversib­ly damaged and nearly killed from being waterboard­ed 83 times in a single month — a success, according to the Senate Intelligen­ce Committee, “not because it resulted in critical threat informatio­n, but because it provided further evidence that Mr. Zubaydah had not been withholdin­g … informatio­n from the interrogat­ors.” In other words, the agency tortured Mr. Zubaydah for weeks and learned nothing new. Years later, the CIA admitted he wasn’t the high level al-Qaida official they believed him to be.

The CIA’s interrogat­ors hide under the “just following orders defense” — a defense rightly rejected at the Nuremberg and Tokyo tribunals and in every other war crimes tribunal since. They also often claim legal cover from memos drafted by Department of Justice lawyers. However, it is clear Ms. Haspel and her accomplice­s knew very well that their actions were illegal; that is precisely why she and her then-boss, Jose Rodriguez, ordered the videotapes of the torture in Thailand to be destroyed in 2005. Their interrogat­ion methods clearly met the definition of torture. They were designed to inflict “prolonged mental harm,” were “calculated to disrupt profoundly the senses or the personalit­y,” and to inflict “severe physical pain or suffering.”

And while Mr. Pompeo may not have been calling the shots, he certainly defended them. In past statements, he claimed that waterboard­ing and other so-called enhanced techniques were not actually torture. Imagine being tied up with a cloth over your face and water being poured over you, simulating drowning until you passed out. To Mike Pompeo, that’s not torture. Mr. Pompeo cannot be trusted to negotiate agreements with foreign diplomats when he treats with such disregard the blatant breach of our most important internatio­nal covenants.

If we are a country of laws, if we honor the human rights won and enshrined in law after World War II, we must call on our senators to reject the appointmen­ts of Gina Haspel and Mike Pompeo. And we must start upholding our own conviction­s.

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