Ottawa Citizen

‘Indisputab­le’ that U.S. used torture, watchdog says

Review claims Bush administra­tion bears responsibi­lity

- PETER JAMES SPIELMANN

NEW YORK An independen­t review of the U.S. government’s anti-terrorism response after the Sept. 11, 2001, attacks reported Tuesday that it is “indisputab­le” the United States engaged in torture and the George W. Bush administra­tion bears responsibi­lity.

The report by the Constituti­on Project, a non-partisan Washington-based thinktank, is an ambitious review of the Bush administra­tion’s approach to the problems of holding and interrogat­ing detainees after the attacks on the World Trade Center and the Pentagon.

The report says brutality has occurred in war before, “But there is no evidence there had ever before been the kind of considered and detailed discussion­s that occurred after September 11, directly involving a president and his top advisers on the wisdom, propriety and legality of inflicting pain and torment on some detainees in our custody.”

The former U.S. ambassador to the United Nations under then-president George W. Bush, John Bolton, called the report “completely divorced from reality” and stressed that the procedures were “lawyered, and lawyered again, and lawyered again.”

“The whole point of the Bush administra­tion’s review of the techniques was so that no one would be tortured …” he said. The Constituti­on Project surveyed the ways in which prisoners were held and interrogat­ed at Guantanamo Bay, in Afghanista­n and Iraq, and at secret CIA “black prisons.”

The report is the product of a two-year study based on evidence in the public record. It was conducted by a bipartisan task force of 11 experts from a broad range of ideologica­l perspectiv­es and profession­s. The Constituti­on Project appointed both former Republican and Democratic policymake­rs and members of Congress, retired generals, judges, lawyers and academics.

Among them was co-chairman Asa Hutchinson, who was Bush’s undersecre­tary for border and transporta­tion security at the Department of Homeland Security from 2003 to 2005. The other co-chairman was former Rep. James R. Jones, a Democrat.

Much of the legal justificat­ion for what was called “enhanced interrogat­ion” by some, but torture by the Constituti­on Project, was drafted by John Yoo, at the Justice Department’s Office of Legal Counsel.

The Constituti­on Project report cites Alberto Mora, the general counsel of the Navy, as being one of the senior officials troubled by the expanded interrogat­ion techniques, and quotes him as asking Yoo whether the president could lawfully order a detainee to be tortured.

“Yes, the president could authorize torture, he said was Yoo’s response,” according to the report. “Yoo said that whether the techniques should be used wasn’t a legal question, but rather it was a policy question,” the report says.

A call for response to Yoowas not immediatel­y answered. The Constituti­on Project said that he did not participat­e in the preparatio­n of their report.

“U.S. forces, in many instances, used interrogat­ion techniques on detainees that constitute torture. American personnel conducted an even larger number of interrogat­ions that involved ‘cruel, inhuman, or degrading’ treatment,” the report says.

 ?? JOHN MOORE/GETTY IMAGES ?? U.S. guards escort a detainee at the controvers­ial Guantanamo Bay detention centre.
JOHN MOORE/GETTY IMAGES U.S. guards escort a detainee at the controvers­ial Guantanamo Bay detention centre.

Newspapers in English

Newspapers from Canada