Congress last week approved new restrictions on CIA interrogations to protect detainees from abuse despite warning that this would harm the country’s ability to gain information that could stop terrorist attacks. Protecting all detainees, regardless of who is questioning and holding them, from cruel treatment is overdue.
The torture vote is the result of years of debate on torture that was set off after revelations of abuse at U.S. detention facilities. A particularly troubling “harsh” interrogation technique is waterboarding, where detainees are meant to feel they are drowning. Lawmakers may have thought they solved the problem with passage of the Detainee Treatment Act of 2005, which prohibited cruel, inhumane and degrading treatment for all detainees in U.S. custody. The law, however, left the definition of these unlawful practices up to the Bush administration.
In testimony before the House Intelligence Committee earlier this month, CIA director Michael Hayden said that the agency has used waterboarding on three prisoners. He said he prohibited the practice in CIA interrogations in 2006. Leading U.S. military officers have said that torture is effective in extracting useful information, since the victims typically will say anything to end their ordeal.
A senior Justice Department official also told lawmakers that waterboarding is no longer allowed. Steven Bradbury, acting head of the department’s Office of Legal Counsel, said that rules for interrogations have been narrowed and that waterboarding is not included. Mr. Bradbury in 2005 signed secret memos allowing the CIA to use harsh techniques, including waterboarding. This led Senate Democrats to oppose his nomination to formally head the Office of Legal Council.
Rather than take the administration’s word for it again, Congress narrowly passed legislation that would require the CIA to abide by interrogation guidelines in the Army field manual, which forbids waterboarding. Sens. Olympia Snowe and Susan Collins were among five Republicans who voted for the measure, which was attached to an intelligence authorization bill.
Facing a veto threat from President Bush and not enough Senate or House votes to override it, this debate is sadly not over as the administration continues to justify its right to commit inhumane acts in the name of national security.
President Bush has said repeatedly that this country does not engage in torture. Letting this provision become law will prove it.
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