Could you or I be kidnapped and waterboarded and still have no right to sue?
NATO forces have refused to turn Afghan prisoners over to some local jails due to concerns about the torture committed in many of those detention centers. After a dozen years of U.S. efforts to export democracy to Afghanistan, that’s just one example of why this mission has proven to be an utter failure.
The Guantánamo prison also illustrates what’s gone wrong with our permanent battle formerly known as the Global War on Terror. President Barack Obama promised to shut it down when he was first sworn in four years ago, but the Caribbean detention center is still wrecking lives and standing as a gleaming symbol of so many things that are wrong with U.S. foreign policy.
The biggest obstacle to closing Gitmo is the dilemma of what to do with the detainees still held there. In any event, Congress has barred their transfer to American soil. People here have rights, or at least used to, and we surely can’t afford to let terror suspects claim any of those.
The farther they are from U.S. shores, and the murkier the justice systems of the receiving nations, the harder it’s going to be to trace any appalling abuse back to our “anti-terrorism” experts.
So hard, in fact, that Attorney General Eric Holder has ruled it can’t be done. No prosecutions await, therefore, for George W. Bush, Dick Cheney, Donald Rumsfeld, David Petraeus, Barack Obama, Leon Panetta, or the hundreds — maybe thousands — of underlings who oversaw acts of torture committed in U.S. custody or later covered them up. We can’t be entirely sure whether such deeds still go on until some brave soul makes another movie or another whistleblower decides it’s worth life in jail to tell us.
The FBI prosecuted him for divulging the name of another agent to a journalist. Even though the reporter didn’t publish the operative’s name, Kiriakou began serving a 30-month prison sentence on Feb. 28. This made the whistleblower the only CIA officer to do time for anything related to torture
As Kiriakou’s fate indicates, our justice system isn’t much help for thwarting government-sponsored abuse. A federal appeals court has ruled that even U.S. citizens who were tortured by our own military have no “right of action.” How’s that? Could you or I be kidnapped and waterboarded too and still have no right to sue? Attacked by one of our own government’s drones?
Historically, it’s no surprise that torture turns out to be an established weapon in America’s diplomatic arsenal.
After all, look at the history behind the School of the Americas, where some of the most vicious leaders in Latin America learned terror techniques at our behest. That training beefed up our ability to defend friendly dictators in the West, and to oust leftist leaders who somehow managed to get elected.
U.S. citizens understandably have trouble knowing what to believe. It just can’t be true that our own virtuous democracy has, now or ever, perpetuated torture. But then there is all the evidence. Guantánamo detainees have been subjected to everything from sensory deprivation to Chinese torture techniques.
Washington will have us believe that the victims are all terrorists. And the Republicans (John McCain aside) say it’s really OK since we must be getting some valuable information.
The rest of the world isn’t quite so sure. A war crimes tribunal in Malaysia has independently found the United States guilty of those crimes. So have the European Court of Human Rights and the Italian Supreme Court.
In his second term, President Barack Obama should shut Gitmo and put an end to these abuses that stain our nation’s integrity.
OtherWords columnist William A. Collins is a former state representative and a former mayor of Norwalk, Connecticut. OtherWords.org