Skip to content
The World Can't Wait
Menu
  • Home
  • Events
  • About
    • About World Can’t Wait
      • History of World Can’t Wait
  • Projects
    • War Criminals Watch
    • We Are Not Your Soldiers!
    • Fire John Yoo
    • Sudan’s Struggle
  • Media
    • Audio
      • Video
    • Public Svc. Announcements
    • Press & Press Releases
      • Press Releases
      • Press Coverage
    • Photos
  • Take Action
    • Materials in English
    • Materials in Spanish
    • What You Can Do Now
    • Donate
    • More Resources
      • News & Analysis
        • Alternet
        • Antiwar.com
        • Black Agenda Report
        • Common Dreams
        • CounterPunch
        • Dissident Voice
        • Media Matters
        • Next Left Notes
        • OpEd News
        • Project Censored
        • Raw Story
        • Revolution Newspaper
        • Truthdig
        • Truthout
      • Anti-War
        • Afghans for Peace
        • Courage to Resist
        • Drone Warfare Awareness
        • Iraq Vets Against the War
        • Peace of the Action
        • Veterans for Peace
        • Voices for Creative Non-Violence
        • War is a Crime
      • Anti-Torture/Detention
        • Andy Worthington
        • Close Guantanamo
        • Free Detainees
        • Int’l Justice Network
        • No More Guantánamos
        • Religious Campaign Against Torture
        • Witness Against Torture
      • Political Repression
        • Bill of Rights Defense Committee
        • Center for Constitutional Rights
        • Committee to Stop FBI Repression
        • Drop the Charges on Gregory!
        • National Lawyers Guild
        • No Separate Justice
        • Project Salam
        • Stop Mass Incarceration
      • Women’s Rights/Theocracy
        • Defend Science
        • Feministing
        • RH Reality Check
        • Stop Patriarchy
        • Talk 2 Action
        • Theocracy Watch
        • Walk for Choice
      • Environment
        • Bill McKibben
        • Climate Connections
        • Enviros Against War
        • Grist
        • Tar Sands Action
  • En Español
Menu

Yes, It was Torture. Yes, It Needs to be Prosecuted

Posted on April 17, 2013
Share:
By Marcy Wheeler | April 16, 2013

The Constitution Project has released a major report on the government’s torture program. You can download the report here.

The report is important and comprehensive, but not without flaws. It took me a matter of minutes to find a number of errors, repetition of dangerous misinformation, and incomplete reporting. While I may lay out some of these problems at more length after the report has had its big publicity splash, suffice it to say the report tends to preference newspaper reporting over actual primary sources, and at times it appears completely unaware of what primary sources say.*

As such, the report represents a cautious, bipartisan, institutionalist view. Which is why its conclusion is so valuable. Because even this cautious, bipartisan, institutionalist report concludes the following (among other findings):

Finding #1 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. Both categories of actions violate U.S. laws and international treaties. Such conduct was directly counter to values of the Constitution and our nation.

Finding #2

The nation’s most senior officials, through some of their actions and failures to act in the months and years immediately following the September 11 attacks, bear ultimate responsibility for allowing and contributing to the spread of illegal and improper interrogation techniques used by some U.S. personnel on detainees in several theaters. Responsibility also falls on other government officials and certain military leaders.

Finding #3

There is no firm or persuasive evidence that the widespread use of harsh interrogation techniques by U.S. forces produced significant information of value. There is substantial evidence that much of the information adduced from the use of such techniques was not useful or reliable.

Finding #16

For detainee hunger strikers, DOD operating procedures called for practices and actions by medical professionals that were contrary to established medical and professional ethical standards, including improper coercive involuntary feedings early in the course of hunger strikes that, when resisted, were accomplished by physically forced nasogastric tube feedings of detainees who were completely restrained.

Finding #19

The high level of secrecy surrounding the rendition and torture of detainees since September 11 cannot continue to be justified on the basis of national security.

Finding #21

The Convention Against Torture requires each state party to “[c]riminalize all acts of torture, attempts to commit torture, or complicity or participation in torture,” and “proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” The United States cannot be said to have complied with this requirement.

In short: it was torture, it was illegal, it was not valuable, and it still needs to be prosecuted. (And, among other findings implicating it directly, the Obama Administration needs to stop force feeding Gitmo detainees.)

And all that’s ignoring some of the more damning evidence out there.

Let’s see whether bipartisan conventional wisdom serves its purported purpose, effecting change in cautious, institutionalist DC.


*I am admittedly biased on this front. I was within a day of being contracted to collect documents for this effort, but someone involved in the process deemed me — at a time when I was already loudly criticizing the Obama Administration for things they’ve done — too partisan for the project. Some of the documents I had already identified at that time are utterly absent from this report; in their place the report claims ignorance.

This article orignally appeared on emptywheel.net on April 16, 2013.

 

Leave a Reply Cancel reply

You must be logged in to post a comment.

Because humanity & the planet come first...
store
Don’t stop… Don’t conciliate... Don’t accommodate... Don’t collaborate... and support World Can't Wait.

Sign up for email

Stop FBI Repression
Know your rights
If An Agent Knocks

About

World Can't Wait mobilizes people living in the United States to stand up and stop war on the world, repression and torture carried out by the US government. We take action, regardless of which political party holds power, to expose the crimes of our government, from war crimes to systematic mass incarceration, and to put humanity and the planet first.

Read More

Subscribe to E-Newsletter

Contact World Can't Wait

TOPICS

  • Afghanistan & Pakistan
  • Covert Drone War
  • Crimes are Crimes
  • Culture of Bigotry
  • Environment
  • G.I. Resistance
  • Haiti
  • Immigrants
  • Iran
  • Iraq
  • Libya
  • Mass Incarceration
  • Obama
  • Occupy
  • Palestine
  • Police State Repression
  • Real History Lessons
  • Reproductive Rights
  • Reports on Protest & Resistance
  • Theocracy
  • Torture
  • Wikileaks
  • Calls to Action
  • The Expanding War on the World

Projects

  • War Criminals Watch
  • We Are Not Your Soldiers
  • Get Involved

  • Donate
  • Download filters, stickers and posters
  • More ways to get involved
  • ©2025 The World Can't Wait | Design: Newspaperly WordPress Theme