Crime and punishment

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By
Max J. Castro                                                                   Read Spanish Version

majcastro@gmail.com

It
is time for truth and justice. A country of laws cannot allow a
heinous crime like torture to go unpunished. One instance of torture
would have been too many. Now, thanks to newly declassified Justice
Department memos, we know that there was not one, or two, or three
applications of torture. There were hundreds.

Waterboarding
alone, a torture technique with a long and sorry history dating to
the Spanish Inquisition, was practiced a total of 266 times on two
detainees. One was waterboarded 183 times in one month, an average of
six times a day! A third detainee was waterboarded an unknown number
of times. And there were many other techniques, from slamming the
head against a wall to painful stress positions to sleep deprivation
for days that were practiced in combination against an unknown number
of detainees.

Defenders
of these practices, most notably Dick Cheney, claim they produced
invaluable intelligence. From the legal and moral standpoint, the
argument is irrelevant. But, in fact, if these practices were so
effective how come they had to be repeated dozens of times? The bulk
of the evidence is that torture is not only illegal but also
ineffective.

The
practices that have come to light are illegal under international and
U.S. laws regardless of the memos concocted by Bush’s legal
minions. By now, thanks to numerous investigations, including a
recently leaked report by the International Committee of the Red
Cross (available on the web site of the New
York Review of Books,)
we know a lot about the numerous things that were done and under
whose authorization. But we are still missing some pieces of the
puzzle. More than that, we are missing a parceling out of
responsibilities and the meting out of appropriate punishment for the
lawlessness.

It
is not a question of retribution but of simple justice. At a minimum,
we need a criminal investigation by an independent prosecutor and a
Congressional inquiry. President Obama has done a great service by
releasing the torture memos and banning illegal interrogations. He is
being savaged by members of the last administration and by the
right-wing media for doing it. They are poised to blame Obama should
there be another attack against the United States. And, given the
enormous problems the country faces, it’s understandable that he
would want to move ahead rather than to open a Pandora’s Box. But
respect for the rule of law and for the Constitution trumps political
expediency and requires accountability.

Impunity
invites repetition, and only truth and justice can cleanse the
reputation of the United States and ensure that it never happens
again. Impunity was a hallmark of the Bush administration. Obama
cannot afford to follow in such footsteps. So far, statements by the
president and his aides seem to imply that no one will be held
accountable for what former Vice President Dick Cheney
euphemistically calls “the program.” To give the torturers and
their bosses a pass would set a terrible precedent that could haunt
this country for decades to come.