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| ], by former prison inmate ].]] | |||
| '''Waterboarding''' is a form of ] that consists of immobilizing a person on their back with the head inclined downward—known as the ]—and pouring water over the face and into the breathing passages.<ref name=EbanVanityFairWB1>{{cite news | last = Eban | first = Katherine | title = Rorschach and Awe | publisher = Vanity Fair | date = ] ] | url = http://www.vanityfair.com/politics/features/2007/07/torture200707 | quote=It was terrifying," military psychologist Bryce Lefever is quoted as saying, "...you're strapped to an inclined gurney and you're in four-point restraint, your head is almost immobilized, and they pour water between your nose and your mouth, so if you're likely to breathe, you're going to get a lot of water. You go into an oxygen panic. | accessdate = 2007-12-17}}</ref><ref>Waterboarding is considered to be torture by a wide range of authorities, including legal experts, politicians, war veterans, intelligence officials, military judges, and human rights organizations (See ] for more information). In the United States in recent years, arguments have been put forward that waterboarding might not be torture in all cases after it was revealed that this technique was used to interrogate suspects in relation to the ] (See ] for more information).</ref> Through forced ] and inhalation of water, the subject experiences the process of ] and is made to believe that death is imminent.<ref name=WhiteWAPostWB_110807>{{cite news | last = White | first = Josh | title = Waterboarding Is Torture, Says Ex-Navy Instructor | publisher = Washington Post | date = ] ] | url = http://www.washingtonpost.com/wp-dyn/content/article/2007/11/08/AR2007110802150.html | quote=As the event unfolded, I was fully conscious of what was happening: I was being tortured. | accessdate = 2007-12-17}}</ref> In contrast to merely submerging the head face-forward, waterboarding almost immediately elicits the ].<ref name=ABCNewsWB_110807>{{cite news | last = Ross | first = Brian |last2=Esposito |first2=Richard | title = CIA's Harsh Interrogation Techniques Described | publisher = ABC News | quote= Unavoidably, the ] kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. |date = ] ] | url = http://abcnews.go.com/WNT/Investigation/story?id=1322866 | accessdate = 2007-12-17}}</ref> Although waterboarding does not always cause lasting physical damage, it carries the risks of extreme pain, damage to the ], ] caused by ], injuries (including ]) due to struggling against restraints, and even death.<ref name='HRW open letter WB'> {{cite web|url=http://hrw.org/english/docs/2006/04/06/usdom13130.htm |title= Open Letter to Attorney General Alberto Gonzales |accessdate=2007-12-18 |last=Various |date=April 5, 2006 |work=Human Rights News }} In a letter to Attorney General Alberto Gonzales more than 100 United States law professors stated unequivocally that waterboarding is torture, and the use of the practice is a criminal felony punishable under the U.S. federal criminal code.</ref> The psychological effects on victims of waterboarding can last for years after the procedure.<ref name='NY'>{{cite news | first=Jane | last=Mayer | coauthors= | title=Outsourcing Torture | date=2005-02-14 | publisher=The New Yorker | url =http://www.newyorker.com/archive/2005/02/14/050214fa_fact6 | quote=Dr. Allen Keller, the director of the Bellevue/N.Y.U. Program for Survivors of Torture, told me that he had treated a number of people who had been subjected to such forms of near-asphyxiation, and he argued that it was indeed torture. Some victims were still traumatized years later, he said. |work = | pages = | accessdate = 2007-12-18 | language = }}</ref> | |||
| Waterboarding was used for ] at least as early as the ] to obtain information,<ref name='NYTimesWB_110707'>{{cite news | first=Scott | last=Shane | title=A Firsthand Experience Before Decision on Torture | date=2007-11-07 | publisher=New York Times | url =http://www.nytimes.com/2007/11/07/us/07waterboard.html?_r=1&oref=slogin | accessdate = 2007-12-18 | language = }}</ref> ], punish, and intimidate. It is considered to be torture by a wide range of authorities, including legal experts,<ref name='HRW open letter WB' /><ref name='JuristPittWB_100807'>{{cite news | first=Benjamin | last=Davis | title=Endgame on Torture: Time to Call the Bluff | date=] | publisher=] School of Law | url =http://jurist.law.pitt.edu/forumy/2007/10/endgame-on-torture-time-to-call-bluff.php | accessdate = 2007-12-18 | quote=Waterboarding has been torture for at least 500 years. All of us know that torture is going on.}}</ref> politicians, war veterans,<ref name='DN!_WB_110507'>{{cite news | title=French Journalist Henri Alleg Describes His Torture Being Waterboarded by French Forces During Algerian War | date=] | publisher=] | url =http://www.democracynow.org/2007/11/5/french_journalist_henri_alleg_describes_his | accessdate = 2007-12-18 | quote = I have described the waterboarding I was submitted to. And no one can say, having passed through it, that this was not torture, especially when he has endured other types of torture—burning, electricity and beating, and so on.}}</ref><ref name='NW_WB_110507'>{{cite news | title=Torture's Terrible Toll | date=] | publisher=] | url =http://msnbc.msn.com/id/10019179/site/newsweek/page/2/ | accessdate = | language = }}According to Republican ] and 2008 presidential candidate ], who was tortured as a ] in ], waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal."</ref> intelligence officials,<ref>{{cite book | last = Grey | first = Stephen| title = Ghost Plane: The True Story of the CIA Torture Program | publisher = St. Martin's Press | date = 2006 | location = New York, New York | pages = 225–226 | quote = }} A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'".</ref> military judges,<ref name='CaL_WB_110507'>{{cite news | first=Nicole | last=Bell | title=Retired JAGs Send Letter To Leahy: “Waterboarding is inhumane, it is torture, and it is illegal.” | date=] | publisher=Crooks and Liars | url =http://www.crooksandliars.com/2007/11/03/retired-jags-send-letter-to-leahy-waterboarding-is-inhumane-it-is-torture-and-it-is-illegal/ | = | accessdate = 2007-12-18 }} "Waterboarding is inhumane, it is torture, and it is illegal." and "Waterboarding detainees amounts to illegal torture in all circumstances.". From Rear Admiral Donald J. Guter, United States Navy (Ret.) Judge Advocate General of the Navy, 2000-02; Rear Admiral John D. Hutson, United States Navy (Ret.) Judge Advocate General of the Navy, 1997-2000; Major General John L. Fugh, United States Army (Ret.) Judge Advocate General of the Army, 1991-93; Brigadier General David M. Brahms, United States Marine Corps (Ret.) Staff Judge Advocate to the Commandant, 1985-88.</ref> and human rights organizations.<ref name='HRW_WB_110507'>{{cite news | title=CIA Whitewashing Torture | date=] | publisher=Human Rights Watch | url =http://hrw.org/english/docs/2005/11/21/usdom12069.htm | accessdate = 2007-12-18 | language = }} "There is no doubt that waterboarding is torture, despite the administration’s reluctance to say so,” Kenneth Roth, executive director of Human Rights Watch.</ref><ref name='AI_WB_102607'>{{cite news | title=Amnesty International Response to Cheney's "No-Brainer" Comment | date=] | publisher=] | url =http://www.amnestyusa.org/document.php?lang=e&id=ENGUSA20061026002 | accessdate = 2007-12-18 }}</ref> | |||
| Despite its long use as a technique, the first actual use of the term "waterboarding" in the media occurred on May 13, 2004, in the New York Times. In 2007 waterboarding led to a ] in the United States when the press reported that the ] had waterboarded ] and that the Justice Department had authorized this procedure.<ref name='ABCNewsWB_112905'>{{cite news | title=History of an Interrogation Technique: Water Boarding | date=] | publisher=ABC News | url =http://abcnews.go.com/WNT/Investigation/story?id=1356870 | work =World News with Charles Gibson | accessdate = 2007-12-18 }}</ref><ref name='NYT_WB_100407'>{{cite news | title=Secret U.S. Endorsement of Severe Interrogations | date=] | publisher=New York Times | url =http://www.nytimes.com/2007/10/04/washington/04interrogate.html | accessdate = 2007-12-18 | language = }}</ref> The CIA is known to have used waterboarding on at least three ] suspects: ], ] and ].<ref> | |||
| {{cite web | |||
| |url=http://jurist.law.pitt.edu/paperchase/2008/02/cia-chief-confirms-use-of-waterboarding.php | |||
| |title=CIA chief confirms use of waterboarding on 3 terror detainees | Jurist Legal News & Research | |||
| |publisher=University of Pittsburgh School of Law | |||
| |accessdate=2008-05-13 | |||
| |last=Price | |||
| |first=Caitlin | |||
| }} | |||
| </ref><ref> | |||
| {{cite web | |||
| |url=http://www.guardian.co.uk/world/2008/feb/05/india.terrorism | |||
| |title=CIA admit 'waterboarding' al-Qaida suspects | World news | guardian.co.uk | |||
| |publisher=www.guardian.co.uk | |||
| |accessdate=2008-02-21 | |||
| |last=Tran | |||
| |first=Mark | |||
| }} | |||
| </ref> | |||
| ==Technique== | |||
| The waterboarding technique was characterized in 2005 by former ] director ] as a "]."<ref name='HRW_WB_110507' /> According to press accounts, a cloth or plastic wrap is placed over or in the person's mouth, and water is poured on to the person's head. As far as the details of this technique, press accounts differ – one article describes "dripping water into a wet cloth over a suspect's face",<ref>Michael Hirsh, John Barry and Daniel Klaidman "A Tortured Debate," Newsweek, ], ]. "'water-boarding,' or dripping water into a wet cloth over a suspect's face, which can feel like drowning"</ref> another states that "cellophane is wrapped over the prisoner's face and water is poured over him."<ref>Brian Ross and Richard Esposito, "CIA's Harsh Interrogation Techniques Described," ABC News, Nov. 8, 2005. The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner's face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.</ref> | |||
| CIA officers who have subjected themselves to the technique have lasted an average of 14 seconds before caving in.<ref name=ABCNewsWB_110807 /> | |||
| Two televised segments, one from ] and one from ], demonstrate a waterboarding technique that may be the subject of these press descriptions.<ref name='FOX_WB_110606'>{{cite news | first=Steve | last=Harrigan | title=Waterboarding: Historically Controversial | date=] | publisher=Fox News | url =http://www.foxnews.com/story/0,2933,227357,00.html | accessdate = 2007-12-18 | language = }}</ref><ref name='CurrentTV_WB_092906'>{{cite news | first=Kaj | last=Larsen | title= Getting Waterboarded | date=] | publisher=Current TV | url =http://current.com/pods/controversy/PD04399 | accessdate = 2007-12-18 | language = }}</ref> In the videos, each correspondent is held against a board by the interrogators. In the Current TV segment, a rag is then forced into the correspondent's mouth, and several pitchers of water are poured onto the rag. The interrogators periodically remove the rag, and the correspondent is seen to gasp for breath. The Fox News segment mentions five "phases" of which the first three are shown. In the first phase, water is simply poured onto the correspondent's face. The second phase is similar to the Current TV episode. In phase three, plastic wrap is placed over the correspondent's face, and a hole is poked into it over his mouth. Water is poured into his mouth through the hole, causing him to gag. He mentions that it really does cause him to gag; that it could lead to ]; and that he could stand it for only a few seconds. | |||
| Dating back to the Spanish Inquisition, the technique has been favored because, unlike most other torture techniques, it produces no marks on the body.<ref name='NPR_WB_110307'>{{cite news | title=Waterboarding: An Issue Before Mukasey's Bid | date=] | publisher=National Public Radio | url =http://www.npr.org/templates/story/story.php?storyId=15917081 | work =All Things Considered | accessdate = 2007-12-19 | language = }}</ref> Information retrieved from the waterboarding may not be reliable because a person under such duress may admit to anything, as harsh interrogation techniques lead to false confessions. "The person believes they are being killed, and as such, it really amounts to a ], which is illegal under international law," says John Sifton of ].<ref name=ABCNewsWB_110807 /> It is "bad interrogation. I mean you can get anyone to confess to anything if the torture's bad enough," said former CIA officer ].<ref name=ABCNewsWB_110807 /> | |||
| ==Mental and physical effects== | |||
| Dr. Allen Keller, the director of the Bellevue/] Program for Survivors of Torture, has treated "a number of people" who had been subjected to forms of near-], including waterboarding. An interview for '']'' states, " argued that it was indeed torture, 'Some victims were still traumatized years later', he said. One patient couldn't take showers, and panicked when it rained. 'The fear of being killed is a terrifying experience,' he said."<ref name = "NY">{{cite journal| first =Jane| last =Mayer| year =2005| month =February 7| title =Outsourcing Torture | journal =The New Yorker| url =http://www.newyorker.com/fact/content/?050214fa_fact6| format ={{dead link|date=June 2008}} – <sup></sup>}}</ref> Keller also stated in his testimony before the ] that "Water-boarding or mock drowning, where a prisoner is bound to an inclined board and water is poured over their face, inducing a terrifying fear of drowning clearly can result in immediate and long-term health consequences. As the prisoner gags and chokes, the terror of imminent death is pervasive, with all of the physiologic and psychological responses expected, including an intense stress response, manifested by ] (rapid heart beat) and gasping for breath. There is a real risk of death from actually ] or suffering a ] or damage to the lungs from inhalation of water. Long term effects include ], ] and ]. I remind you of the patient I described earlier who would panic and gasp for breath whenever it rained even years after his abuse."<ref></ref> | |||
| In an open letter to U.S. Attorney General ], ] claimed that waterboarding can cause the sort of "severe pain" prohibited by 18 ] 2340 (the implementation in the United States of the ]), that the psychological effects can last long after waterboarding ends (another of the criteria under 18 USC 2340), and that uninterrupted waterboarding can ultimately cause death.<ref name='HRW open letter WB' /> | |||
| ==Classification as torture== | |||
| Waterboarding is considered to be torture by a wide range of authorities, including legal experts,<ref name='HRW open letter WB' /><ref name='JuristPittWB_100807'>{{cite news | first=Benjamin | last=Davis | title=Endgame on Torture: Time to Call the Bluff | date=] | publisher=] School of Law | url =http://jurist.law.pitt.edu/forumy/2007/10/endgame-on-torture-time-to-call-bluff.php | accessdate = 2007-12-18 | quote=Waterboarding has been torture for at least 500 years. All of us know that torture is going on.}}</ref><ref>{{cite journal | journal=The Columbia Journal of Transnational Law |volume=45 |year=2007 |issue=2 | title=Drop by Drop: Forgetting the History of Water Torture in U.S. Courts | author=] |url=http://www.pegc.us/archive/Articles/wallach_drop_by_drop_draft_20061016.pdf | format=PDF rough draft}}</ref> politicians, war veterans,<ref name='DN!_WB_110507'>{{cite news | title=French Journalist Henri Alleg Describes His Torture Being Waterboarded by French Forces During Algerian War | date=] | publisher=] | url =http://www.democracynow.org/2007/11/5/french_journalist_henri_alleg_describes_his | accessdate = 2007-12-18 | quote = I have described the waterboarding I was submitted to. And no one can say, having passed through it, that this was not torture, especially when he has endured other types of torture—burning, electricity and beating, and so on.}}</ref><ref name='NW_WB_110507'>{{cite news | title=Torture's Terrible Toll | date=] | publisher=] | url =http://msnbc.msn.com/id/10019179/site/newsweek/page/2/ | accessdate = | language = }}According to Republican ] and 2008 presidential candidate ], who was tortured as a ] in ], waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal."</ref> intelligence officials,<ref>{{cite book | last = Grey | first = Stephen| title = Ghost Plane: The True Story of the CIA Torture Program | publisher = St. Martin's Press | date = 2006 | location = New York, New York | pages = 225–226 | quote = }} A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'".</ref> military judges,<ref name='CaL_WB_110507'>{{cite news | first=Nicole | last=Bell | title=Retired JAGs Send Letter To Leahy: “Waterboarding is inhumane, it is torture, and it is illegal.” | date=] | publisher=Crooks and Liars | url =http://www.crooksandliars.com/2007/11/03/retired-jags-send-letter-to-leahy-waterboarding-is-inhumane-it-is-torture-and-it-is-illegal/ | = | accessdate = 2007-12-18 }} "Waterboarding is inhumane, it is torture, and it is illegal." and "Waterboarding detainees amounts to illegal torture in all circumstances.". From Rear Admiral Donald J. Guter, United States Navy (Ret.) Judge Advocate General of the Navy, 2000-02; Rear Admiral John D. Hutson, United States Navy (Ret.) Judge Advocate General of the Navy, 1997-2000; Major General John L. Fugh, United States Army (Ret.) Judge Advocate General of the Army, 1991-93; Brigadier General David M. Brahms, United States Marine Corps (Ret.) Staff Judge Advocate to the Commandant, 1985-88.</ref> and human rights organizations.<ref name='HRW_WB_110507'>{{cite news | title=CIA Whitewashing Torture | date=] | publisher=Human Rights Watch | url =http://hrw.org/english/docs/2005/11/21/usdom12069.htm | accessdate = 2007-12-18 | language = }} "There is no doubt that waterboarding is torture, despite the administration’s reluctance to say so,” Kenneth Roth, executive director of Human Rights Watch.</ref><ref name='AI_WB_102607'>{{cite news | title=Amnesty International Response to Cheney's "No-Brainer" Comment | date=] | publisher=] | url =http://www.amnestyusa.org/document.php?lang=e&id=ENGUSA20061026002 | accessdate = 2007-12-18 }}</ref> Arguments have been put forward that it might not be torture in all cases, or that they are uncertain.<ref name='NRO WB_092607'>{{cite news | first=Andrew C. | last=McCarthey | title=Waterboarding and Torture | date=] | publisher=National Review | url =http://article.nationalreview.com/?q=ZjhkM2YyZmE5MThjZGNlN2IyMGI4MmE3MWM1OWQ5MjA=&w=MQ== | accessdate = 2007-12-20 | language = }}</ref><ref>Dan Eggen ''Washington Post,'' Wednesday, ], ]; A01.</ref><ref></ref><ref name="glennbeck"></ref> (See ] for more information). | |||
| The U.S. State Department has recognized that other techniques that involve submersion of the head of the subject during interrogation would qualify as torture.<ref>*'''U.S. Department of State'''. In its 2005 Country Reports on Human Rights Practices, the ] formally recognizes "submersion of the head in water" as torture in its examination of ]'s poor human rights record, {{cite journal| last = U.S. Department of State| year =2005 | month = | title =Tunisia | journal = Country Reports on Human Rights Practices | url =http://www.state.gov/g/drl/rls/hrrpt/2005/61700.htm}}</ref> | |||
| The United Nations' ''Report of the Committee Against Torture: Thirty-fifth Session'' of November 2006, stated that state parties should rescind any interrogation techniques, such as waterboarding, that constitutes torture or cruel, inhuman, or degrading treatment or punishment.<ref>{{cite book |author= |title=Report of the Committee Against Torture: Thirty-fifth Session (14 - 25 November 2005); Thirty-sixth Session (1-19 May 2006) |publisher=United Nations Publications |location= |year= |pages=p.71 |isbn=92-1-810280-X |oclc= |doi=}}</ref> | |||
| ==Historical uses== | |||
| ===Spanish Inquisition=== | |||
| A form of torture similar to waterboarding called ''toca'', along with ''garrucha'' (or ]) and the most frequently used ''potro'' (or the ]), was used (though infrequently) during ]. "The ''toca'', also called ''tortura del agua'', consisted of introducing a cloth into the mouth of the victim, and forcing them to ingest water spilled from a jar so that they had the impression of drowning."<ref>Scott, George Ryley, ''The History of Torture Throughout the Ages'', p.172, Columbia University Press (2003) .</ref> One source has claimed that the use of water as a form of torture also had profound religious significance to the Inquisitors.<ref name='UCHI_WB_112907'>{{cite news | first=William | last=Schweiker | title=Baptism by Torture | date=] | publisher=University of Chicago | url =http://marty-center.uchicago.edu/sightings/archive_2007/1129.shtml | work =The Marty Martin Center | accessdate = 2007-12-19 | quote=Why did practices similar to waterboarding develop as a way to torture heretics—whether the heretics were Anabaptists or, in the Inquisition, Protestants of any stripe as well as Jews and witches and others? Roman Catholics and Protestants alike persecuted the Anabaptists or "re-baptizers" since these people denied infant baptism in favor of adult baptism. The use of torture and physical abuse was meant to stem the movement and also to bring salvation to heretics. It had been held—at least since St. Augustine—that punishment, even lethal in form, could be an act of mercy meant to keep a sinner from continuing in sin, either by repentance of heresy or by death. King Ferdinand declared that drowning—called the third baptism—was a suitable response to Anabaptists. Water as a form of torture was an inversion of the waters of baptism under the (grotesque) belief that it could deliver the heretic from his or her sins. In the Inquisition, the practice was not drowning as such, but the threat of drowning, and the symbolic threat of baptism. The tortura del agua or toca entailed forcing the victim to ingest water poured into a cloth stuffed into the mouth in order to give the impression of drowning. Because of the wide symbolic meaning of "water" in the Christian and Jewish traditions (creation, the great flood, the parting of the Red Sea in the Exodus and drowning of the Egyptians (!), Christ's walking on the water, and, centrally for Christians, baptism as a symbolic death that gives life), the practice takes on profound religious significance. Torture has many forms, but torture by water as it arose in the Roman Catholic and Protestant reformations seemingly drew some of its power and inspiration from theological convictions about repentance and salvation. It was, we must now surely say, a horrific inversion of the best spirit of Christian faith and symbolism.}}</ref> | |||
| ===Colonial times=== | |||
| Agents of the ] used a precursor to waterboarding during the ], which took place on the island of ] in the ] in 1623. At that time, it consisted of wrapping cloth around a victim's head, after which the torturers "poured the water softly upon his head until the cloth was full, up to the mouth and nostrils, and somewhat higher, so that he could not draw breath but he must suck in all the water."<ref>From ''A True Relation of the Unjust, Cruel and Barbarous Proceedings against the English at Amboyna'' (1624), cited in ], ''Nathaniel's Nutmeg: How One Man's Courage Changed the Course of History'' (Spectre, 1999, 328); spellings have been modernized. Also cited with variations in ], ''The Honourable Company: A History of the English East India Company'' (HarperCollins, 1993, 49); and Kerrigan, Michael, ''The Instruments of Torture'' (Spellmount, 2001, 85). See also excerpts from ''A memento for Holland'' (1652) at </ref> In one case, the torturer applied water three or four times successively until the victim's "body was swollen twice or thrice as big as before, his cheeks like great bladders, and his eyes staring and strutting out beyond his forehead."<ref>''Ibid'', cited in Milton 328-9, Keay 49 and Kerrigan 85. Spellings have been modernized.</ref> | |||
| ===After the Spanish-American War of 1898=== | |||
| After the ] of 1898 in the ], the US Army used waterboarding which was called the “water cure” or “Chinese water torture.” at the time. Major Edwin Glenn was court martialed and sentenced to 10 years ] for waterboarding a suspected insurgent.<ref>{{cite web |url=http://www.guardian.co.uk/world/2006/oct/27/usa.guantanamo |title=Cheney endorses simulated drowning | World news | guardian.co.uk |accessdate=2008-02-23 |format= |work=}}</ref> President ] ordered the ] of the American General on the island of ] for allowing his troops to waterboard. When the court-martial found only that he had acted with excessive zeal, Roosevelt disregarded the verdict and had the General dismissed from the Army.<ref>{{cite news|url=http://www.politico.com/news/stories/1007/6647.html|title=Roosevelt was right: Waterboarding wrong|author=Daniel A. Rezneck |date=October 31, 2007|accessdate=2008-02-19|publisher=]}}</ref><ref> Kramer, Paul, ''The Water Cure'', ], Feb 25, 2008. </ref> | |||
| ===World War II=== | |||
| During ], ] troops, especially the ], as well as the ],<ref name="Candace Gorman"> by Candace Gorman, ], ] ]</ref> the German secret police, used waterboarding as a method of torture.<ref>Delarue, Jacques, ''The Gestapo: A History of Horror'' (1964), p.234, Morrow.</ref> During the ] the ] occurred, which included waterboarding consisting of binding or holding down the victim on his back, placing a cloth over his mouth and nose, and pouring water onto the cloth. In this version, interrogation continued during the torture, with the interrogators beating the victim if he did not reply and the victim swallowing water if he opened his mouth to answer or breathe. When the victim could ingest no more water, the interrogators would beat or jump on his distended stomach.<ref>Sidhu, H. ''The Bamboo Fortress: True Singapore War Stories'' (Native, 1991, 113), a paraphrase of testimony presented during the ]. Some of this testimony has been transcribed and posted at .</ref><ref name='Japanese Water Torture gallery1'> {{cite web|url=http://library.thinkquest.org/C002071/webalbum/pages/torture1.htm |title=Photo Gallery / torture1 |accessdate=2007-12-19 |work=Syonan-to Kellved }} A with historical photographs and documents on the Japanese ] occupation of Singapore.</ref> | |||
| ===Algerian War=== | |||
| The technique was also used during the ] (1954-1962). The French journalist ], who was subjected to waterboarding by French ]s in Algeria in 1957, is one of only a few people to have described in writing the first-hand experience of being waterboarded. His book ''The Question'', published in 1958 with a preface by ] (and subsequently banned in France until the end of the Algerian War in 1962) discusses the experience of being strapped to a plank, having his head wrapped in cloth and positioned beneath a running tap: | |||
| {{blockquote|The rag was soaked rapidly. Water flowed everywhere: in my mouth, in my nose, all over my face. But for a while I could still breathe in some small gulps of air. I tried, by contracting my throat, to take in as little water as possible and to resist suffocation by keeping air in my lungs for as long as I could. But I couldn't hold on for more than a few moments. I had the impression of drowning, and a terrible agony, that of death itself, took possession of me. In spite of myself, all the muscles of my body struggled uselessly to save me from suffocation. In spite of myself, the fingers of both my hands shook uncontrollably. "That's it! He's going to talk," said a voice. | |||
| The water stopped running and they took away the rag. I was able to breathe. In the gloom, I saw the lieutenants and the captain, who, with a cigarette between his lips, was hitting my stomach with his fist to make me throw out the water I had swallowed.<ref name='Independent WB 110107'>{{cite news | first=Doyle | last=Leonard | coauthors= | title=Waterboarding is torture - I did it myself, says US advisor | date=] | publisher=The Independent, UK | url =http://news.independent.co.uk/world/americas/article3115549.ece | work = | pages = | accessdate = 2007-12-19 | language = }}</ref>}} | |||
| Alleg stated that he had not broken under his ordeal of being waterboarded.<ref name="time1958">, '']'', ], ]</ref> Alleg has stated that the incidence of "accidental" death of prisoners being subjected to waterboarding in Algeria was "very frequent."<ref name='DN!_WB_110507' /> | |||
| ===Vietnam War=== | |||
| Waterboarding was designated as illegal by U.S. generals in the ].<ref name="abchist"/> On January 21, 1968, '']'' published a controversial photograph of two U.S soldiers and one South Vietnamese soldier participating in the waterboarding of a ]ese ] near ].<sup></sup><ref name="WashPostWaterboarding_100406" /> The article described the practice as "fairly common."<ref name="WashPostWaterboarding_100406" /> The photograph led to the soldier being court-martialled by a U.S. military court within one month of its publication, and he was discharged from the army.<ref name="abchist">{{cite news|url=http://abcnews.go.com/WNT/Investigation/story?id=1356870|title=History of an Interrogation Technique: Water Boarding|date=2005-11-12|author=Charles Gibson|publisher=ABC News}}</ref><ref name='NRR WB Weiner 110307'>{{cite news | first=Eric | last=Weiner | coauthors= | title=Waterboarding: A Tortured History | date=] | publisher=National Public Radio | url =http://www.npr.org/templates/story/story.php?storyId=15886834 | work = | pages = | accessdate = 2007-12-19 | language = }}</ref> Another waterboarding photograph of the same scene is also exhibited in the ] at ].<ref name='FletcherWater1'> {{cite web|url=http://www.harrellfletcher.com/theamericanwar/wrm4.html |title=Harrel Fletcher - The American War |accessdate=2007-12-19 |last=Fletcher |first=Harrel }}</ref> | |||
| ===Chile=== | |||
| {{see|Operation Condor}} | |||
| Based on the testimonies from more than 35,000 victims, of the ], the ] concluded that to provoke a ], by waterboarding, is torture.<ref name="Cristián Correa"> by Cristián Correa, JURIST, ], ]</ref> | |||
| ===Khmer Rouge=== | |||
| The ] at the ] prison in ], ], used waterboarding as a method of torture between 1975 and 1979.<ref>{{cite news|title=Logic Tortured|url=http://www.washingtonpost.com/wp-dyn/content/article/2007/11/01/AR2007110102342_pf.html|publisher=]|author=Dana Milbank|date=November 2, 2007|accessdate=2008-02-19}}</ref> The practice was documented in a painting by former inmate ], which is on display in the ]. | |||
| ===U.S. Military survival training=== | |||
| {{main|SERE}} | |||
| All special operations units in all branches of the U.S. military employ the use of waterboarding as part of survival school (]) training, to psychologically prepare soldiers for the eventuality of being captured by the enemy forces.<ref>{{cite web|url=http://www.vanityfair.com/politics/features/2007/07/torture200707?currentPage=1|title=Rorschach and Awe|author=Katherine Eban|date=July 17, 2007|accessdate=2008-02-19|publisher=]}}</ref> | |||
| ] wrote for ]: | |||
| <blockquote>According to the sere affiliate and two other sources familiar with the program, after September 11th several psychologists versed in SERE techniques began advising interrogators at Guantánamo Bay and elsewhere. Some of these psychologists essentially “tried to ]” the SERE program, as the affiliate put it. “They took good knowledge and used it in a bad way,” another of the sources said. Interrogators and BSCT members at Guantánamo adopted coercive techniques similar to those employed in the SERE program.<ref name="Mayer SERE"> by Jane Mayer, The New Yorker, ], ]</ref></blockquote> | |||
| and continues to report: | |||
| <blockquote>many of the interrogation methods used in SERE training seem to have been applied at Guantánamo.<ref name="Mayer SERE"/></blockquote> | |||
| ==Contemporary use and the United States== | |||
| ===Use by law enforcement=== | |||
| The use of "third degree interrogation" techniques in order to compel confession, ranging from "psychological duress such as prolonged confinement to extreme violence and torture", was widespread in early American policing. Lassiter classified the water cure as "orchestrated physical abuse", and described the police technique as a "modern day variation of the method of water torture that was popular during the Middle Ages." The technique employed by the police involved either holding the head in water until almost drowning, or laying on the back and forcing water into the mouth or nostrils.<ref>{{cite book|title=Interrogations, Confessions, and Entrapment | |||
| |author=G. Daniel Lassiter|isbn=0306484706|publisher=]|year=2004}}</ref>{{rp|47}} Such techniques were classified as "'covert' third degree torture" since they left no signs of physical abuse, and became popular after 1910 when the direct application of physical violence in order to force a confession became a media issue and some courts began to deny obviously compelled confessions.<ref name="leo">{{cite journal|journal=Crime, Law and Social Change|volume=18|title=From coercion to deception: the changing nature of police interrogation in America|year=1992|publisher=Kluwer Academic Publishers}}</ref>{{rp|42}} The publication of this information in 1931 as part of the ]'s "Report on Lawlessness in Law Enforcement" led to a decline in the use of third degree police interrogation techniques in the 1930s and 1940s.<ref name="leo"/>{{rp|38}} | |||
| In 1983 Texas sheriff James Parker and three of his deputies were convicted for conspiring to force confessions. The complaint said they "subject prisoners to a suffocating water torture ordeal in order to coerce confessions. This generally included the placement of a towel over the nose and mouth of the prisoner and the pouring of water in the towel until the prisoner began to move, jerk, or otherwise indicate that he was suffocating and/or drowning."<ref name="wp">{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2007/11/02/AR2007110201170.html|title=Waterboarding Used to Be a Crime|author=Evan Wallach|publisher=Washington Post|date=2007-11-02}}</ref> The sheriff was sentenced to ten years in prison, and the deputies to four years.<ref name="wp"/><ref name="npr">{{cite news|title=Waterboarding: A Tortured History|author=Eric Weiner|publisher=National Public Radio|date=2007-11-03|url=http://www.npr.org/templates/story/story.php?storyId=15886834}}</ref> | |||
| === Use by intelligence officers === | |||
| Many reports say that intelligence officers of the United States used waterboarding to interrogate prisoners captured in the "]." | |||
| The ], ] issue of ] stated that the ], a 2002 legal memorandum drafted by former OLC lawyer ] that described what sort of interrogation tactics against suspected terrorists or terrorist affiliates the Bush administration would consider legal, was "prompted by CIA questions about what to do with a top Qaeda captive, ], who had turned uncooperative ... and was drafted after White House meetings convened by George W. Bush's chief counsel, ], along with Defense Department general counsel ] and ], Vice President ]'s counsel, who discussed specific interrogation techniques, says a source familiar with the discussions." Among the methods they found acceptable was waterboarding.<ref name='Newsweek WB_062104'>{{cite news | first=Michael | last=Hirsh | coauthors= John Barry, Daniel Klaidman | title=A tortured debate: amid feuding and turf battles, lawyers in the White House discussed specific terror-interrogation techniques like 'water-boarding' and 'mock-burials' | date=] | publisher=Newsweek | url =http://www.newsweek.com/id/54093/page/1 | accessdate = 2007-12-20 | language = }}</ref> | |||
| In November 2005, ABC News reported that former CIA agents claimed that the CIA engaged in a modern form of waterboarding, along with five other "]", against suspected members of ]. | |||
| On ], ], U.S. President George W. Bush signed an ] banning torture during interrogation of terror suspects.<ref name='BBC-WB 072007'>{{cite news | title=Bush bans terror suspect torture | date=] | publisher=BBC News | url =http://news.bbc.co.uk/2/hi/americas/6909331.stm | accessdate = 2007-12-19 | language = }}</ref> While the guidelines for interrogation do not specifically ban waterboarding, the executive order refers to torture as defined by 18 USC 2340, which includes "the threat of imminent death," as well as the ]'s ban on ].<ref name='WhiteHouseWB-1-execorder'> {{cite web|url=http://www.whitehouse.gov/news/releases/2007/07/20070720-4.html |title=Executive Order: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency |accessdate=2007-12-19 |last=Bush |first=George W. |date=2007-07-20 }}</ref> Reaction to the order was mixed, with the CIA satisfied that it "clearly defined" the agency's authorities, but ] saying that answers about what specific techniques had been banned lay in the classified companion document and that "the people in charge of interpreting document don't have a particularly good track record of reasonable legal analysis."<ref name='LATimes-WB 072107'>{{cite news | first=Greg | last=Miller | title=Bush Signs New CIA Interrogation Rules | date=] | publisher=Los Angeles Times | url =http://www.mindfully.org/Reform/2007/Bush-Interrogation-Rules20jul2007.htm | accessdate = 2007-12-19 | language = }}</ref> | |||
| On ], ], ABC News reported that sometime in 2006 CIA Director Michael Hayden asked for and received permission from the Bush administration to ban the use of waterboarding in CIA interrogations. The source of information is current and former CIA officials. ABC reported that waterboarding had been authorized by a 2002 Presidential finding.<ref name='ABCBlotter-WB 091407'>{{cite news | coauthors= Brian Ross, Richard Esposito, Martha Raddatz | title=CIA Bans Waterboarding in Terror Interrogations | date=] | publisher=ABC News | url =http://blogs.abcnews.com/theblotter/2007/09/cia-bans-water-.html | work =The Blotter | accessdate = 2007-12-19 | language = }}</ref> On ], ], '']'' reported that its "sources confirm ... that the CIA has only used this interrogation method against three terrorist detainees and not since 2003."<ref name="onlythreetimes">{{citation | title=Schumer's Epiphany | url=http://online.wsj.com/article/SB119422521756782035.html | publisher='']'' | accessdate=2007-11-05}}</ref> John Kiriakou, a former ] officer, is the first official within the ] to openly admit to the use of waterboarding as an interrogation technique, as of ], ].<ref name=a>{{cite web|author=Joby Warrick and Dan Eggen|year=2007|url=http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR2007121002091.html|title=Waterboarding Recounted|format=HTML|publisher=The Washington Post|accessdate=2007-11-12}}</ref><ref name='Dallas'>{{cite web|author=Mark Davis|year=2007|url=http://www.dallasnews.com/sharedcontent/dws/dn/opinion/viewpoints/stories/DN-markdavis_12edi.ART.State.Edition1.36db21e.html|title=His second guess is wrong: Former CIA agent confirms that waterboarding worked but then questions its use|format=HTML|publisher=The Dallas Morning News|accessdate=2007-12-20}}</ref> | |||
| On ], ], the CIA director General ] stated that the CIA had used waterboarding on three prisoners during 2002 and 2003, namely ], ] and ].<ref> | |||
| {{cite web | |||
| |url=http://jurist.law.pitt.edu/paperchase/2008/02/cia-chief-confirms-use-of-waterboarding.php | |||
| |title=CIA chief confirms use of waterboarding on 3 terror detainees | Jurist Legal News & Research | |||
| |publisher=University of Pittsburgh School of Law | |||
| |accessdate=2008-05-13 | |||
| |last=Price | |||
| |first=Caitlin | |||
| }} | |||
| </ref><ref name=TheAustralian>{{cite web|date=]|url=http://www.theaustralian.news.com.au/story/0,25197,23170732-2703,00.html|title=CIA finally admits to waterboarding|format=HTML|publisher=The Australian|accessdate=2008-02-18}}</ref> | |||
| On ], ], the Justice Department revealed that its internal ethics office was investigating the department’s legal approval for waterboarding of Qaeda suspects by the CIA and was likely to make public an unclassified version of its report. <ref name="titleWaterboarding Focus of Inquiry by Justice Dept. - New York Times">{{cite web |url=http://www.nytimes.com/2008/02/23/washington/23justice.html?_r=1&scp=2&sq=waterboarding&st=nyt&oref=slogin |title=Waterboarding Focus of Inquiry by Justice Dept. - New York Times |accessdate=2008-02-25 |format= |work=}}</ref> | |||
| ====Khalid Sheikh Mohammed==== | |||
| Several accounts reported that ] was waterboarded while being interrogated by the CIA. According to the Bush administration, Khalid Sheikh Mohammed divulged information of tremendous value during his detention. He is said to have helped point the way to the capture of ] (AKA Hambali), the Indonesian terrorist responsible for the ]. According to the Bush administration, he also provided information on an Al Qaeda leader in ].<ref name="John_Mayer_Black_Sites">{{cite news | first=Jane | last=Mayer | title=The Black Sites | date=] | publisher=The New Yorker | url =http://www.newyorker.com/reporting/2007/08/13/070813fa_fact_mayer?printable=true | accessdate = 2007-12-19 | language = }}</ref> | |||
| During a radio interview on ], ], with Scott Hennen of radio station ], Vice President ] seemed to agree with the use of waterboarding.<ref name='Unboss-WB 102407'>{{cite news | title=Feeling chilled? Let your blood boil. | date=] | publisher=Unbossed | url =http://unbossed.com/index.php?itemid=1142 | accessdate = 2007-12-19 | language = }}</ref> The following are the questions and answers at issue, excerpted from the transcript of the interview: | |||
| <blockquote>Hennen: "…And I've had people call and say, please, let the Vice President know that if it takes dunking a terrorist in water, we're all for it, if it saves American lives. ''Again, this debate seems a little silly given the threat we face, would you agree''?"<br /> | |||
| Cheney: "''I do agree''. And I think the terrorist threat, for example, with respect to our ability to interrogate high value detainees like Khalid Sheikh Mohammed, that's been a very important tool that we've had to be able to secure the nation. Khalid Sheikh Mohammed provided us with enormously valuable information about how many there are, about how they plan, what their training processes are and so forth, we've learned a lot. We need to be able to continue that."<br /> | |||
| …<br /> | |||
| Hennen: "Would you agree a dunk in water is a no-brainer if it can save lives?"<br /> | |||
| Cheney: "Well, it's a no-brainer for me, but for a while there I was criticized as being the vice president for torture. We don't torture. That's not what we're involved in."<ref name='WhiteHouseWB-CheneyInterview1'> {{cite web|url=http://www.whitehouse.gov/news/releases/2006/10/20061024-7.html |title=Interview of the Vice President by Scott Hennen, WDAY at Radio Day at the White House |accessdate=2007-07-20 |date=2006-10-24 |publisher=The White House }}</ref></blockquote> | |||
| The administration later denied that Cheney had confirmed the use of waterboarding, saying that U.S. officials do not talk publicly about interrogation techniques because they are classified. White House Press Secretary ] said that Cheney was not referring to waterboarding, but only to a "dunk in the water", prompting one reporter to ask, "So dunk in the water means, what, we have a pool now at ] and they go swimming?" Tony Snow replied, "You doing ]?"<ref name='WhiteHouseWB-SnowBriefing1'> {{cite web|url=http://www.whitehouse.gov/news/releases/2006/10/20061027-1.html |title=Press Briefing by Tony Snow |accessdate=2007-12-19 |date=2006-10-27 |publisher=The White House }}</ref> | |||
| On ], ] ABC News reported that a former intelligence officer stated that Khalid Sheikh Mohammed had been waterboarded in the presence of a female CIA supervisor.<ref name='ABCNewsWB_091307'>{{cite news | first=Richard | last=Esposito | title=How the CIA Broke the 9/11 Attacks Mastermind | date=] | publisher=ABC News | url =http://blogs.abcnews.com/theblotter/2007/09/how-the-cia-bro.html | work =The Blotter | accessdate = 2007-12-20 | language = }}</ref> | |||
| Captured along with Khalid Sheikh Mohammed was a letter from bin Laden which led officials to think that he knew where the Al Qaeda founder was hiding.<ref name='USATodayWB_091307'>{{cite news | title=Experts: Khalid Sheikh Mohammed's arrest slowed al-Qaeda | date=] | publisher=Associated Press | url =http://www.usatoday.com/news/world/2007-03-16-ksm-aq_N.htm | work =USA Today | accessdate = 2007-12-20 | language = }}</ref><ref name='CNN WB_091307'>{{cite news | title=Khalid Shaikh Mohammed: life of terror | date=] | publisher=CNN | url =http://edition.cnn.com/2003/WORLD/asiapcf/south/03/02/mohammed.biog/ | accessdate = 2007-12-20 | language = }}</ref> | |||
| According to sources familiar with a private interview of Khalid Sheikh Mohammed, he claimed to have been waterboarded five times.<ref name="John_Mayer_Black_Sites"/> "A CIA official told ABC News that he had been water-boarded, and had won the admiration of his interrogators because it took him two to two-and-half minutes to start confessing – well beyond the average of 14 seconds observed in others."<ref name='Independent WB_091307'>{{cite news | first=Andrew | last=Gumbel | title=Confession of 9/11 architect backfires on US | date=] | publisher=The Independent, UK | url =http://news.independent.co.uk/world/americas/article2368990.ece | accessdate = 2007-12-20 | language = }}</ref> This is disputed by two former CIA officers who are reportedly friends with one of Khalid Sheikh Mohammed's interrogators. The officers called this 'bravado' and claimed that he was waterboarded only once. According to one of the officers, Khalid Sheikh Mohammed needed only to be shown the drowning equipment again before he "broke." "Waterboarding works," the former officer said. "Drowning is a baseline fear. So is falling. People dream about it. It’s human nature. Suffocation is a very scary thing. When you’re waterboarded, you’re inverted, so it exacerbates the fear. It’s not painful, but it scares the shit out of you." (The former officer was waterboarded himself in a training course.) Khalid Sheikh Mohammed, he claimed, "didn’t resist. He sang right away. He cracked real quick." He said, "A lot of them want to talk. Their egos are unimaginable. (He) was just a little doughboy. He couldn't stand toe to toe and fight it out."<ref name="John_Mayer_Black_Sites"/> After being subjected to waterboarding, Khalid Sheikh Mohammed claimed involvement in thirty-one terrorist plots.<ref name='BBC WB_091507'>{{cite news | title=Khalid Sheikh Mohammed's '31 plots' | date=] | publisher=BBC News | url =http://news.bbc.co.uk/2/hi/americas/6452789.stm | accessdate = 2007-12-20 | language = }}</ref> | |||
| ====Abu Zubaida==== | |||
| ] was also waterboarded by the CIA.<ref> | |||
| {{cite web | |||
| |url=http://jurist.law.pitt.edu/paperchase/2008/02/cia-chief-confirms-use-of-waterboarding.php | |||
| |title=CIA chief confirms use of waterboarding on 3 terror detainees | Jurist Legal News & Research | |||
| |publisher=University of Pittsburgh School of Law | |||
| |accessdate=2008-05-13 | |||
| |last=Price | |||
| |first=Caitlin | |||
| }} | |||
| </ref> | |||
| In 2002, U.S. intelligence located Abu Zubayda by tracing his phone calls. He was captured ], ], in a ] located in a two story apartment in ], Pakistan. While in U.S. custody, he was waterboarded,<ref name='GandM WB_121207'>{{cite news | title=Waterboarding approved at the top, ex-agent says | date=] | publisher=Globe and Mail | url =http://www.theglobeandmail.com/servlet/Page/document/v5/content/subscribe?user_URL=http://www.theglobeandmail.com%2Fservlet%2Fstory%2FLAC.20071212.WORLD12-1%2FTPStory%2FTPInternational%2FAmerica%2F&ord=9624153&brand=theglobeandmail&force_login=true | accessdate = 2007-12-20 | language = }}</ref> and subsequently gave a great deal of information about the 9/11 attack plot. Such information was used by the Canadian government in seeking to uphold the 'security certificate' of ]. Participating in his interrogation were two American psychologists, James Elmer Mitchell and R. Scott Shumate.<ref name='DemNow WB_073007'>{{cite news | title=Rorschach and Awe: As Opposition Grows Over the APA’s Policy Allowing Psychologists to Take Part in Military Interrogations, Vanity Fair Exposes How Two Psychologists Shaped the CIA’s Torture Methods | date=] | publisher=Democracy Now! | url =http://www.democracynow.org/2007/7/30/rorschach_and_awe_as_opposition_grows | accessdate = 2007-12-20 | language = }}</ref><ref name='DemNow WB_121007'>{{cite news | title=The Destroyed CIA Torture Tapes & Psychologists | date=] | publisher=Democracy Now! | url =http://www.democracynow.org/blog/2007/12/10/the_destroyed_cia_torture_tapes_psychologists | accessdate = 2007-12-20 | language = }}</ref> | |||
| In December 2007, the ] reported that there were some discrepancies regarding reports about the amount of times Zubaida was waterboarded. According to a previous account by Former CIA officer ], Abu Zubaida broke after just 35 seconds of waterboarding, which involved stretching cellophane over his mouth and nose and pouring water on his face to create the sensation of drowning. From the Washington Post article: <blockquote>"But other former and current officials disagreed that Abu Zubaida's cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months. The videotaping of Abu Zubaida in 2002 went on day and night throughout his interrogation, including waterboarding, and while he was sleeping in his cell, intelligence officials said ...The CIA has said it ceased waterboarding in 2003."<ref>Dan Eggen and Walter Pincus, Washington Post, Tuesday, ], ], A01 </ref></blockquote> | |||
| ===Controversy over classification as torture in the United States=== | |||
| Whether waterboarding should be classified as a method of torture was not widely debated in the United States before it was alleged, in 2004, that members of the CIA have used the technique against certain suspected detained terrorists.<ref>, '']'', December 11, 2007</ref><ref>{{cite news | title = Waterboarding demonstrated in DC | publisher = Reuters | date = November 6, 2007 | url = http://www.webcastr.com/videos/waterboarding-demonstrated-in-dc.html}}</ref> Since then, some commentators have argued that waterboarding as an interrogation method should not qualify as torture in certain circumstances while other individuals have refused to state whether they would consider waterboarding to be torture without knowing the specific facts of a situation. | |||
| ], a licensed attorney and former U.S. federal prosecutor now serving as director of the Center for Law and Counterterrorism, states in an October 2007 ] in '']'' that he believes that, when used "some number of instances that were not prolonged or extensive", waterboarding should not qualify as torture under the law. McCarthy continues: "Personally, I don't believe it qualifies. It is not in the nature of the barbarous sadism universally condemned as torture, an ignominy the law, as we've seen, has been patently careful not to trivialize or conflate with lesser evils,"<ref name='NRO WB_092607'>{{cite news | first=Andrew C. | last=McCarthy | title=Waterboarding and Torture | date=] | publisher=National Review | url =http://article.nationalreview.com/?q=ZjhkM2YyZmE5MThjZGNlN2IyMGI4MmE3MWM1OWQ5MjA=&w=MQ== | accessdate = 2007-12-20 | language = }}</ref>. Nevertheless, McCarthy in the same article admits that "waterboarding is close enough to torture that reasonable minds can differ on whether it is torture" and that "here shouldn’t be much debate that subjecting someone to repeatedly would cause the type of mental anguish required for torture."<ref name="NRO WB_092607" /> | |||
| Some American politicians have unequivocally stated that it is their belief that waterboarding is not torture. In response to the question "Do you believe waterboarding is torture?" on the ] show, Representative ] stated "I don't believe it's torture at all, I certainly don't." Beck agreed with him.<ref name="glennbeck" /> The American ] media commentator ] has stated, in a December 2007 ] opinion piece, that he does not believe that waterboarding should be classified as a form of torture, because he does not believe it inflicts pain.<ref name='Newsmax WB_121007'>{{cite news | first=Jim | last=Meyers | title=Waterboarding Is Not Torture | date=] | publisher=Newsmax | url =http://www.newsmax.com/insidecover/Waterboard_Not_Torture/2007/12/10/56046.html | accessdate = 2007-12-20 | language = }}</ref> | |||
| However, other American commentators have questioned the legality of waterboarding as an interrogation technique. For example, Professor Wilson R. Huhn's 2008 scholarly editorial "Waterboarding is Illegal" published by ] directly questions the legality of the technique from a legal perspective.<ref name='SlipOpinions'>{{cite news | first=Wilson H. | last=Huhn | title=Waterboarding is Torture | date=] | publisher=Slip Opinions, the online supplement to Washington University Law Review | url =http://lawreview.wustl.edu/slip-opinions/waterboarding-is-illegal/ | accessdate = 2008-05-10 | language = }}</ref> | |||
| ====As a political issue in confirmation hearings==== | |||
| The issue of whether waterboarding is torture became an issue in confirming certain appointments to the ]. Judge ] was intended to be a consensus candidate to replace ] as ], but his confirmation briefly looked in doubt when he wouldn't state whether waterboarding is torture. Mukasey stated that waterboarding seemed "over the line or, on a personal basis, repugnant to me, and would probably seem the same to many Americans" but that "hypotheticals are different from real life, and in any legal opinion the actual facts and circumstances are critical." As reported by the Washington Post: Mukasey also stated that he was "reluctant to offer opinions on interrogation techniques because he does not want to place U.S. officials 'in personal legal jeopardy' and is concerned that such remarks might 'provide our enemies with a window into the limits or contours of any interrogation program.'"<ref>Dan Eggen Washington Post, Wednesday, ], ]; A01.</ref> | |||
| The issue came up again in the confirmation hearings of Federal District Judge ] for the position of deputy attorney general. Filip stated that he considered waterboarding to be "repugnant," and stated that with a grandfather in a POW camp in Germany, he considered the issue to be somewhat personal. That being said, he refused to state whether waterboarding was torture and stated instead that "the attorney general of the United States is presently reviewing that legal question" and that "I don't think I can or anyone who could be potentially considered for his deputy could get out in front of him on that question while it's under review."<ref>David Stout International Herald Tribune, ], ]</ref> | |||
| ====As a political issue in 2008 presidential election==== | |||
| The issue of whether waterboarding should be classified as torture also became a political issue for candidates running for president in the ], which candidates being asked whether they would consider waterboarding to be a form of torture. Several political candidates (e.g., ],<ref name='NW_WB_110507' /> ],<ref> "At an Iowa press conference, Huckabee said, 'Waterboarding is torture, and torture violates the moral code of Americans and jeopardizes the country's security. We should aggressively interrogate terrorism suspects and go after those who seek to do the country harm, but when we go to the point of violating our own moral code, then instead of advancing our country, its safety and our security, we in fact jeopardize it.'</ref> ],<ref>“Waterboarding is by any standard, torture. I called on my colleagues today to support legislation I introduced this summer banning waterboarding and other forms of torture. When we use torture or other cruel and inhumane treatment of detainees, we diminish our ability to argue that the same techniques should not be used against our own troops. We need to send a clear message that torture, inhumane, and degrading treatment of detainees is unacceptable and is not permitted by U.S. law. Period.” Source: Statement. October 30th, 2007. http://www.veteransforcommonsense.org/index.cfm/page/article/id/8684</ref> ],<ref>“Absolutely, according to both US law and international conventions.” Source: “The Questions I Wish I Were Asked.” The Huffington Post. ], ]. http://www.huffingtonpost.com/chris-dodd</ref> ],<ref>“I have been consistent in my strong beliefs that no administration should allow the use of torture, including so-called ‘enhanced-interrogation techniques’ like waterboarding, head-slapping, and extreme temperatures." Source: October 29th, campaign statement. http://www.nytimes.com/imagepages/2007/11/03/us/politics/03torture.web.html</ref> ].<ref>"Lee Feinstein, national security director for Sen. Hillary Clinton's campaign, said the New York Democrat's position is unchanged: "She believes that waterboarding is torture, it's wrong and it's unlawful."' | |||
| " http://www.chicagotribune.com/news/nationworld/chi-cia12dec11,1,4877360.story?ctrack=1&cset=true {{Dead link|date=March 2008}}</ref>) have stated that waterboarding is torture, while others have stated that it depends on how it is done or have stated unequivocally that they do not believe waterboarding is torture.<ref></ref> | |||
| For example, in response to a direct question of whether he considered waterboarding to be torture, ] stated "I’m not sure is . It depends on how it’s done. It depends on the circumstances. It depends on who does it. I think the way it’s been defined in the media, it shouldn’t be done. The way in which they have described it, particularly in the liberal media. So I would say, if that’s the description of it, then I can agree, that it shouldn’t be done. But I have to see what the real description of it is. Because I’ve learned something being in public life as long as I have. And I hate to shock anybody with this, but the newspapers don’t always describe it accurately."<ref></ref> | |||
| Additionally, ] stated in a Republican debate the following: "he question that I was originally asked that elicited the response that you’ve mentioned was, what do we do in the -- in the response to a nuclear -- or the fact that a nuclear device or some bombs have gone off in the United States; we know that there are -- we have captured people who have information that could lead us to the next one that’s going to go off; and it’s the big one? That was the question that I responded to. And I told you yes, I would do -- certainly waterboard -- I don’t believe that that is, quote, "torture." I would do what is necessary to protect this country. That is the ultimate responsibility of the president of the United States."<ref></ref> | |||
| In the Republican ] debates, Andrew Jones, a college student from ] submitted the question: "Recently, Senator McCain has come out strongly against using waterboarding as an instrument of interrogation. My question for the rest of you is, considering that Mr. McCain is the only one with any firsthand knowledge on the subject, how can those of you sharing the stage with him disagree with his position?" In response to this question ] stated "I oppose torture. I would not be in favor of torture in any way, shape or form." Prompted by the moderator as to whether waterboarding was torture, Romney said "as a presidential candidate, I don't think it's wise for us to describe specifically which measures we would and would not use" which prompted the following exchange between McCain and Romney: McCain: "Well, governor, I'm astonished that you haven't found out what waterboarding is." Romney: "I know what waterboarding is, Senator." McCain: "Then I am astonished that you would think such a – such a torture would be inflicted on anyone in our — who we are held captive and anyone could believe that that's not torture. It's in violation of the Geneva Convention."<ref>{{cite web | url=http://www.npr.org/templates/story/story.php?storyId=16726577 | title=Giuliani, Romney Square Off in YouTube Debate | date=], ] | accessdate=2008-04-28}}</ref> | |||
| McCain later reiterated his opinion in an interview with ] on March 9, 2008, shortly after becoming the expected winner of the ], that waterboarding was torture and that the U.S. Government had tortured detained prisoners by using this technique. ] asked if water boarding is torture, McCain said, "Sure. Yes. Without a doubt." Pelley then asked "So the United States has been torturing POWs?" Pelley asked. "Yes. Scott, we prosecuted Japanese war criminals after World War II. And one of the charges brought against them, for which they were convicted, was that they water-boarded Americans," McCain said.<ref>60 minutes interview, March 9, 2008</ref> | |||
| ==Legality== | |||
| ===International=== | |||
| All nations that are signatory to the ] have agreed they are subject to the explicit prohibition on torture under any condition. This was affirmed by ] in which the ], on ], ], upheld the absolute nature of the ] by ruling that international law permits no exceptions to it.<ref name="Saadi">Absolute ban on torture | |||
| * by Brett Murphy, JURIST, ], ] | |||
| * by ], Opinio Juris, ], ] | |||
| * by Kevin Jon Heller, Opinio Juris, ], ]</ref> The treaty states "No exceptional circumstances whatsoever, whether ] or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture."<ref name="titleConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment">{{cite web |url=http://www2.ohchr.org/english/law/cat.htm |title=Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |accessdate=2008-02-23 |work=}}</ref> Additionally, signatories of the ] are bound to Article 5, which states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."<ref name="titleUniversal Declaration of Human Rights">{{cite web |url=http://www.un.org/Overview/rights.html |title=Universal Declaration of Human Rights |accessdate=2008-02-23 |work=}}</ref> Many signatories of the convention have made specific declarations and reservations regarding the interpretation of the term "torture" and restricted the ] of its enforcement.<ref name="titleReservations and Declarations to the United Nations Convention Against Torture">{{cite web |url=http://www2.ohchr.org/english/bodies/ratification/9.htm |title=Reservations and Declarations to the United Nations Convention Against Torture |accessdate=2008-02-24 |work=}}</ref> However, UN High Commissioner for Human Rights, ], stated on the subject: "I would have no problems with describing this practice as falling under the prohibition of torture," and Violators of the UN Convention against Torture should be prosecuted under the principle of ].<ref name="Louise Arbour">{{cite web |url=http://news.ninemsn.com.au/article.aspx?id=96287 |title=Waterboarding qualifies as torture: UN |accessdate=2008-02-24 |work=}}</ref> | |||
| ], Senior Medical Consultant to the ] and former member of the United Nations Committee against Torture said: | |||
| <blockquote>“It’s a clear-cut case: Waterboarding can without any reservation be labeled as torture. It fulfils all of the four central criteria that according to the United Nations Convention against Torture (UNCAT) defines an act of torture. First, when water is forced into your lungs in this fashion, in addition to the pain you are likely to experience an immediate and extreme fear of death. You may even suffer a heart attack from the stress or damage to the lungs and brain from inhalation of water and oxygen deprivation. In other words there is no doubt that waterboarding causes severe physical and/or mental suffering – one central element in the UNCAT’s definition of torture. In addition the CIA’s waterboarding clearly fulfills the three additional definition criteria stated in the Convention for a deed to be labeled torture, since it is 1) done intentionally, 2) for a specific purpose and 3) by a representative of a state – in this case the US.” <ref name="Bent Sørensen">Bent Sørensen on waterboarding as torture | |||
| * International Rehabilitation Council for Torture Victims, February 12, 2008 </ref></blockquote> | |||
| Lt. Gen. ], the director of the ], concurred by stating, in a hearing before the Senate Armed Services Committee, he believes waterboarding violates ].<ref name="Maples">Violating international law | |||
| * by ], ], ], ] | |||
| * By Paul Kiel, ], ], ]</ref> | |||
| ===United States=== | |||
| The ] in ], {{ussc|542|692|2004}} said that the Universal Declaration of Human Rights "does not of its own force impose obligations as a matter of international law."<ref>Sosa v. Alvarez-Machain, 542 U.S. 692, 734 (2004).</ref> However, the United States has a historical record of regarding waterboarding as a crime, and has prosecuted individuals for the use of the practice in the past. In 1947, the United States prosecuted a Japanese military officer, Yukio Asano, for carrying out various acts of torture including kicking, clubbing, burning with cigarettes and using a form of waterboarding on a U.S. civilian during World War II. Yukio Asano received a sentence of 15 years of ].<ref name="WashPostWaterboarding_100406">Pincus, Walter, Washington Post, ], ], pg. A17. viewed ], ]</ref> The charges of ''Violation of the Laws and Customs of War'' against Asano also included "beating using hands, fists, club; kicking; burning using cigarettes; strapping on a stretcher head downward."<ref>Case Defendant: Asano, Yukio from . Accessed on ], ]</ref> In addition, the ] ruled in February 2008 that local considerations do not negate the absolute torture prohibition under international law.<ref name="Saadi"/> | |||
| Following the ], several memoranda,<ref> the memos written as part of the war on terrorism</ref><ref name="Anti-Torture Memos"> Marty Lederman, Balkinization, July 08, 2007 </ref> including the ], were written analyzing the legal position and possibilities in the treatment of prisoners. The memos, known today as the "torture memos,"<ref name="The Return of Carl Schmitt">Legal justification | |||
| * by GERHARD SPÖRL, ], August 04, 2003 | |||
| *Scott Horton, Balkinization, November 07, 2005 | |||
| * by Scott Horton, Harpers, ], ]</ref> advocate enhanced interrogation techniques, while pointing out that refuting the Geneva Conventions would reduce the possibility of prosecution for war crimes.<ref>War crimes warning | |||
| * By Michael Isikoff, ], ] ] | |||
| * by Elizabeth Holtzman, The Nation, ] ] | |||
| * By Grant McCool, ], ], ] ]</ref> In addition, a new definition of torture was issued. Most actions that fall under the international definition do not fall within this new definition advocated by the U.S.<ref>US definition of torture | |||
| * by Richard Norton-Taylor and Suzanne Goldenberg, The Guardian, ] ] | |||
| * By Dahr Jamail, ], ] ]</ref> | |||
| In its 2005 ], the ] formally recognized "submersion of the head in water" as torture in its examination of ]'s poor human rights record,<ref name = "Human Rights"> {{cite journal| last = U.S. Department of State| year =2005 | month = | title =Tunisia | journal =Country Reports on Human Rights Practices | url =http://www.state.gov/g/drl/rls/hrrpt/2005/61700.htm}}</ref> and critics of waterboarding draw parallels between the two techniques, citing the similar usage of water on the subject. | |||
| On ], ], the ] released a revised ] entitled ''Human Intelligence Collector Operations'' that prohibits the use of waterboarding by U.S. military personnel. The department adopted the manual amid widespread criticism of U.S. handling of prisoners in the ], and prohibits other practices in addition to waterboarding. The revised manual applies only to U.S. military personnel, and as such does not apply to the practices of the CIA.<ref name='AP-CBS WB_092607'>{{cite news | title=U.S. Army Bans Torture Of Prisoners | date=] | publisher=CBS News | url =http://www.cbsnews.com/stories/2006/09/06/terror/main1976599.shtml | work =Associated Press | accessdate = 2007-12-20 | language = }}</ref> Nevertheless ], acting head of the ] (DOJ) ], on ], ] testified: | |||
| <blockquote>There has been no determination by the Justice Department that the use of waterboarding, under any circumstances, would be lawful under current law.<ref name="Bradbury">Waterboarding not authorized under current law | |||
| * by Marty Lederman, Balkinization, ], ] | |||
| * by Marty Lederman, Balkinization, ], ] | |||
| *, ], ], ]</ref></blockquote> | |||
| In addition, both under the ]<ref name="WCA"> by ], JURIST</ref> and ], violators of the ] are criminally liable under the ], and they could still be prosecuted for ].<ref name='UPitt WB_042305'>{{cite news | first=Alexandria | last=Samuel | title=Rights group calls for special prosecutor to investigate abuse roles of Rumsfeld, Tenet | date=] | publisher=University of Pittsburgh | url =http://jurist.law.pitt.edu/paperchase/2005/04/rights-group-calls-for-special.php | work =The Jurist | accessdate = 2007-12-20 | language = }}</ref> Commenting on the so-called "torture memoranda" ] pointed out | |||
| <blockquote>the possibility that the authors of these memoranda counseled the use of lethal and unlawful techniques, and therefore face ] themselves. That, after all, is the teaching of ], the Nuremberg case brought against German Justice Department lawyers whose memoranda crafted the basis for implementation of the infamous “].”<ref name="The Return of Carl Schmitt"/></blockquote> | |||
| ]'s refusal to investigate and prosecute anyone that relied on these legal opinions led ] of the ] to write an article for ] stating: | |||
| <blockquote>it is legally and morally impossible for any member of the executive branch to be acting lawfully or within the scope of his or her authority while following OLC opinions that are manifestly inconsistent with or violative of the law. General Mukasey, ] is no defense!<ref name="Following orders"> Jordan Paust, JURIST, ], ] </ref></blockquote> | |||
| On ], ] Senator ] made public that "the Justice Department has announced it has launched an investigation of the role of top DOJ officials and staff attorneys in authorizing and/or overseeing the use of waterboarding by U.S. intelligence agencies."<ref name="Sheldon Whitehouse">Investigation by Justice Department | |||
| * Scott Shane, New York Times, ], ] | |||
| * Press Release of Senator Whitehouse, ], ] </ref> | |||
| Both houses of the United States Congress approved a bill by February 2008 that would ban waterboarding and other harsh interrogation methods. But President George W. Bush vetoed the bill on ], ]. It appears unlikely that bill supporters will be able to gather enough votes to overturn the veto.<ref name="Bush vetoed">* Richard Cowan with Eric Beech, ''Reuters'', ], ]</ref> | |||
| ==Use in Popular media== | |||
| *In the 2006 film '']'', a sitting-version of waterboarding is enacted upon a spy (] as ] #2). It is one of several purported ] and ] methods in use during the 1950's and 1960's by the ] depicted. Also depicted is non-consensual administration of ]. | |||
| * In "Boxed in" Episode 9 of Season 3 of "Prison Break" http://en.wikipedia.org/Boxed_In the character Gretchen is waterboarded by the character Zavala | |||
| ==See also== | |||
| *], the memoir of former CIA director ] | |||
| *], the doctrine of hierarchical accountability in cases of war crimes | |||
| *], which prohibits the use of waterboarding <!-- Should really be written into article proper --> | |||
| *], a form of torture or punishment in which the victim is submerged in water | |||
| *], a term used by the Bush administration for aggressively extracting information from captives in the War on Terror | |||
| *], a form of water torture in which the victim must drink large quantities of water | |||
| *], covering several varieties of torture involving water | |||
| ==Further reading== | |||
| *Alleg, Henri (2006; original French version published in 1958). ''The Question''. Preface by Jean-Paul Sartre. Translated by John Calder. Bison Books. ISBN 0803259603. ISBN 9780803259607. | |||
| * {{cite book |author=McCoy, Alfred W. |title=A question of torture: CIA interrogation, from the Cold War to the War on Terror |publisher=Metropolitan Books |location=New York |year=2006 |isbn=0-8050-8041-4 |doi=}} | |||
| * {{cite book |title=Human Rights Watch World Report 2006 (Human Rights Watch World Report) |publisher=Seven Stories Press |location=New York |year= |isbn=1-58322-715-6 |doi=}} | |||
| * {{cite book |author=Paust, Jordan L. |title=Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror |publisher=Cambridge University Press |location=Cambridge, UK |year= |isbn=0-521-88426-8 |doi=}} | |||
| * {{cite book |author=Tushnet, Mark V.; Martin, Francisco Forrest; Stephen J. Schnably; Wilson, Richard; Simon, Jonathan |title=International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis |publisher=Cambridge University Press |location=Cambridge, UK |year= |isbn=0-521-85886-0 |doi=}} | |||
| * {{cite book |author= |title=Report of the Committee Against Torture: Thirty-fifth Session (14 - 25 November 2005); Thirty-sixth Session (1-19 May 2006) |publisher=United Nations Pubns |location= |year= |pages= |isbn=92-1-810280-X |oclc= |doi=}} | |||
| * {{cite book |author=Welch, Michael |title=Scapegoats of September 11th: Hate Crimes & State Crimes in the War on Terror (Critical Issues in Crime and Society) |publisher=Rutgers |location=New Brunswick, NJ |year= |isbn=0-8135-3896-3 |doi=}} | |||
| * {{cite book |author=Williams, Kristian |title=American methods: torture and the logic of domination |publisher=South End Press |location=Boston |year=2006 |isbn=0-89608-753-0 |doi=}} | |||
| ==References== | |||
| {{reflist|2}} | |||
| == External links== | |||
| {{wikinews|President Bush vetoes CIA waterboarding ban}} | |||
| {{wikinews|White House defends CIA's use of 'waterboarding' interrogation technique}} | |||
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