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Report Summary September 2007
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Torture Debate
Is the U.S. war on terror legitimizing torture?
By Seth Stern

Countries around the globe — including the United States — are using coercive interrogation techniques in the fight against terrorism that critics say amount to torture. Despite international. . . .

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The Issues
  • Is torture effective?
  • Is torture ever justified?
  • Have U.S. attitudes toward torture changed?


Pro/Con
Is torture ever justified?

Pro Pro
Mirko Bagaric
Professor of Law, Deakin University, Melbourne, Australia. Written for CQ Global Researcher, August 2007
Sune Segal
Head of Communications Unit, International Rehabilitation Council for Torture Victims, Copenhagen, Denmark. Written for CQ Global Researcher, August 2007


Spotlight
Saddam's brutal legacy survives.

The fall of Saddam Hussein and more than four years of U.S. occupation have done little to curb torture in Iraq. In fact, the level of torture perpetrated by government personnel and militias reportedly has escalated as the country has descended into what many consider a civil war.

The use of torture in Iraq is “totally out of hand,” said Manfred Nowak, a U.N. official appointed to study torture around the world, and “many people say it is worse than it had been in the times of Saddam Hussein.” Footnote 1

Bodies brought to the Baghdad morgue often bear signs of acid-induced injuries, broken limbs and wounds caused by power drills and nails, said U.N. investigators. Footnote 2 The torture is mostly being perpetrated by the largely Shiite ministries of the Interior and Defense as well as by private Shiite militias, according to Sarah Leah Whitson, Human Rights Watch's program director for the Middle East and North Africa.

“The torture committed in the Ministry of Interior facilities we documented is certainly comparable to torture and abuse that's been recorded in the Baath prisons prior to the war,” says Whitson.

In 2006 U.S. and Iraqi troops discovered a secret Baghdad prison run by the Interior Ministry, known as Site 4, where some of the more than 1,400 prisoners were found to have been subjected to systematic abuse.

Human rights advocates say the widespread use of torture is being fueled by the breakdown of law and order and the continued employment of officials who previously used torture during Saddam's regime. The weakened Iraqi central government has been unable to rein in the abuse of prisoners in these facilities, despite promises to do so. There has been less documented evidence of torture by Sunni insurgents, Whitson points out. Sunnis usually execute their victims, often by beheading.

A January 2005 report by Human Rights Watch found that police, jailers and intelligence agents — many of whom had similar jobs under Saddam — were “committing systematic torture and other abuses.” Despite being “in the throes of a significant insurgency” in which thousands of police officers and civilians are being killed, the report said, “no government — not Saddam Hussein's, not the occupying powers and not the Iraqi interim government — can justify ill-treatment of persons in custody in the name of security.” Footnote 3

The government of Iraqi Prime Minister Nuri Kamal al-Maliki has been slow to respond to reports of torture by governmental personnel, say human rights advocates. The Iraqi government “made all kinds of promises and commitments to investigate and review” allegations of torture in 2005, Whitson says, but since then the Interior Ministry “has only gone further outside control of the government,” as war and sectarian violence have escalated. “There's not a commitment to making this issue a priority.”

When British and Iraqi special forces raided the office of an Iraqi government intelligence agency in the southern city of Basra in March 2007, they found prisoners exhibiting signs of torture. Al-Maliki condemned the raid, but not the abuse it uncovered. Footnote 4

Torture has continued since the start of the U.S. military occupation in Iraq. A 2004 report by the International Committee of the Red Cross found that after Saddam's fall Iraqi authorities beat detainees with cables, kicked them in the genitals and hung them by handcuffs from iron bars of cell windows for several hours at a time. Footnote 5

Torture is also being employed in Kurdistan, a semi-autonomous region in northern Iraq that is the most stable part of the country. Human Rights Watch reported in July 2007 that detainees accused of anti-government activities were subjected to torture and other mistreatment. Footnote 6

The torturers are security forces and personnel at detention facilities operated by the two major Kurdish political parties — the Kurdistan Democratic Party and the Patriotic Union of Kurdistan — which operate outside control of the region's government, the report said. Detainees have been beaten, put in stress positions and handcuffed for several days at a time.

Nonetheless, the abuses in Kurdistan do not equal those occurring elsewhere in Iraq. “Certainly the situation in mainland Iraq is much worse,” says Whitson.

[1] BBC News, “Iraq Torture 'worse than Saddam'”, Sept. 21, 2006.

Footnote:
1. BBC News, “Iraq Torture 'worse than Saddam'”, Sept. 21, 2006.

[2] Ibid.

Footnote:
2. Ibid.

[3] Doug Struck, “Torture in Iraq Still Routine, Report Says,” The Washington Post, Jan. 25, 2005, p. A10.

Footnote:
3. Doug Struck, “Torture in Iraq Still Routine, Report Says,” The Washington Post, Jan. 25, 2005, p. A10.

[4] Kirk Semple, “Basra Raid Finds Dozens Detained by Iraqi Unit,” The New York Times, March 5, 2007.

Footnote:
4. Kirk Semple, “Basra Raid Finds Dozens Detained by Iraqi Unit,” The New York Times, March 5, 2007.

[5] “Report of the International Committee of the Red Cross on the Treatment by the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment and Interrogation,” February 2004, www.globalsecurity.org/military/library/report/2004/icrc_report_iraq_feb2004.pdf.

Footnote:
5. “Report of the International Committee of the Red Cross on the Treatment by the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq During Arrest, Internment and Interrogation,” February 2004, www.globalsecurity.org/military/library/report/2004/icrc_report_iraq_feb2004.pdf.

[6] “Caught in the Whirlwind: Torture and Denial of Due Process by the Kurdistan Security Forces,” Human Rights Watch, July 3, 2007, http://hrw.org/reports/2007/kurdistan0707/.

Footnote:
6. “Caught in the Whirlwind: Torture and Denial of Due Process by the Kurdistan Security Forces,” Human Rights Watch, July 3, 2007, http://hrw.org/reports/2007/kurdistan0707/.


Document Citation
Stern, S. (2007, September 1). Torture debate. CQ Global Researcher, 1, 211-236. Retrieved from http://library.cqpress.com/globalresearcher/
Document ID: cqrglobal2007090000
Document URL: http://library.cqpress.com/globalresearcher/cqrglobal2007090000


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