JURIST Guest Columnist David M. Crane former Chief Prosecutor of the Special Court for Sierra Leone, discusses the United States' moral failure of leadership on the issue of torture on the United Nations' International Day in Support of Victims of Torture . . .
June 26th is the United Nations’ International Day in Support of Victims of Torture. Its purpose — to denounce the crime of torture and proclaim solidarity with its survivors — is in stark opposition to the policy of my government.
As a former Chief Prosecutor of an international war crimes tribunal in West Africa, I walked the countryside, interviewing hundreds of victims — often people who had been tortured by their own government. The atrocities scarred them physically, emotionally, and psychologically for life.
But they shared their stories enthusiastically with our team, willing to relay the horror in order to receive human empathy, long after giving up hope of finding anything resembling justice.
Having prosecuted the officials of other governments for torture, I now find myself in a United States increasingly identified with torture and cruelty. Intensifying torture was Presidential campaign rhetoric. A person who oversaw waterboarding in black site prisons is promoted to lead the CIA. Children are removed from their families as they flee gang violence. The U.S. reportedly now plans to leave the UN Human Rights Council, although a member has never before departed that body voluntarily.
How did we get here?
A leader in building the post-World War II consensus against torture and for the rule of law, the United States chose a path of lawless brutality after the horrendous crime of 9/11. Lashing out broadly at Muslims, it threw aside its own rules and embarked on the rendition, detention and interrogation program (RDI).
Our government embraced torture, long known by interrogation professionals to be counter-productive. It did so as an attempt at payback, out of anger. Weak justifications defied logic, morality, and international legal norms that had stood for decades.
Two Libyan victims of the RDI program, Abdul-Hakim Belhaj and his wife Fatima Boudchar, exemplify how far the U.S. moved to the dark side. They were on their way to the U.K. to seek asylum as opponents of the Gaddafi regime. With intelligence from the U.K., the CIA detained them in Thailand and tortured them: painful stress positions, drugs, and vicious beatings. Boudchar was several months pregnant.
From Thailand they were rendered to Libya, to the hands of their enemies, where they suffered further torture. Ms. Boudchar was released from prison just three weeks before she gave birth.
Fourteen years later, the British Prime Minister finally issued an apology for the U.K.’s role in the couple’s rendition and torture, a crime led by the United States. Stating that her country had contributed to the couple’s capture, Teresa May admitted “neither of you should have been treated this way,” and apologized unreservedly.
Less than a month later, the European Court of Human Rights also repudiated torture. It delivered judgments against Romania and Lithuania, which both hosted secret CIA torture prisons, finding this supporting role a violation of the European Convention on Human Rights.
In stark contrast, at the same time such moral progress was occurring across the Atlantic, the U.S. confirmed a key figure in the RDI program to lead the CIA. Gina Haspel oversaw detention and torture at a black site occupied by Abd al-Rahim Al-Nashiri, the detainee whom the European Court said was subject to “an extremely harsh interrogation regime.”
What are citizens to do when their government doubles down on its torture record?
I am part of one attempt to answer that question and give the survivors a safe space to tell their stories. I am a Commissioner of the North Carolina Commission of Inquiry on Torture (NCCIT). As part of the RDI program, the CIA used contractors and public facilities in North Carolina to move victims around the world to be tortured. Now local citizens are demanding to know how and why this was allowed to occur.
At our public hearing last year, former detainee Mohamedou Slahi — who suffered sleep deprivation, beatings and sexual humiliation by the U.S. government — said that just telling his story to that audience gave him some comfort. While we cannot provide the type of international justice I did in Sierra Leone, we will release a formal report in September. We will make recommendations to local, state and national government; and to citizens, on how to provide redress to the survivors and prevent the U.S. from ever resuming such a program again.
As we reflect on the United States’ shameful torture history on this International Day for Victims of Torture, we must consider what might constitute meaningful redress for the survivors. Our moral standing and ability to lead depend upon it.
Dr. Dean Ornish speaks of a nation that tortures with these words: When we torture people, even if we win the battle, we’ve already lost the war for hearts and minds. Especially our own.
David M. Crane is a Principal, Justice Consultancy International, LLC; Former founding Chief Prosecutor of the international war crimes tribunal for West Africa called the Special Court for Sierra Leone, 2002-2005; Founder Syrian Accountability Project. He is a Commissioner on the North Carolina Commission to Investigate Torture.
Suggested citation: David M. Crane, The Stain of Torture, JURIST – Academic Commentary, Jun. 26, 2018, https://www.jurist.org/commentary/2018/06/david-crane-torture-stain.
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