The 9/11 case at Guantanamo is the last active front in the battle for the truth about US torture. Official secrets, lies and myths are being exposed and challenged, motion by motion, witness by witness.
Donald J. Trump ran for president on a platform that included a pledge to bring back the torture technique of waterboarding and “a hell of a lot more.” On the campaign trail, Trump told his supporters: “We have to fight so viciously and violently because we’re dealing with violent people…We have to fight fire with fire…or we are not going to have much of a country left.” Clearly, he was operating on the premise that these techniques work, that the kinds of people subjected to waterboarding and other forms of custodial violence in the “war on terror”—namely, Muslims—deserve it, and that the cancellation of the George W. Bush administration’s torture program by Barack Obama in 2009 was a mistake.
Aida Seif al-Dawla is a psychiatrist whose fight for citizens’ rights and dignity in Egypt has taken many forms since her days as a student activist in the 1970s. In 1993, she founded the Nadeem Center for the Rehabilitation of Victims of Violence and Torture, of which she remains executive director. Lina Attalah, editor-in-chief of the independent newspaper Mada Masr, spoke with Seif al-Dawla in early April 2015 about the prevalence of torture in Egypt and the latest state attempts to restrict the activities of non-governmental organizations.
On June 6, two police officers will stand trial for torturing Karim Hamdi, a 27 year-old lawyer, to death on a cold February evening inside the Matariyya police station in eastern metropolitan Cairo. The identities of the officers are protected by a gag order, but the widely publicized images of their victim’s bruised and battered corpse have put the police station and its restive environs in the national spotlight.
‘Abd al-Rahim al-Nashiri, a designated “high-value detainee” in US government parlance, is on trial in the Guantánamo Bay military commissions. The 49-year old Saudi Arabian is accused of directing the October 2000 al-Qaeda suicide boat bombing of the USS Cole off the coast of Aden, Yemen, which killed 17 sailors and injured 40 more, and a failed plan to bomb the USS Sullivans. Five other high-value detainees, including alleged “mastermind” Khalid Shaikh Mohammad, are being tried together for the terrorist attacks of September 11, 2001. All six could face the death penalty if convicted.
On July 2, 16-year old Palestinian Mohammed Abu Khdeir was abducted, beaten and burned alive, apparently by a group of Jewish Israelis. News of this “torture and murder by fire,” prominent American commentator Jeffrey Goldberg confesses, “initially prompted in me a desire to say, ‘But.’” Alas, his considered response was scarcely more enlightened.
This past winter, I was privileged to participate in several events in Chicago organized by Rasmea Yousef Odeh, associate director of the Arab American Action Network and leader of that group’s Arab Women’s Committee. The events brought together anywhere from 60-100 disenfranchised women, all recent immigrants, from nearly every Arabic-speaking country. The attendees were there to learn English, share meals and stories, and discuss personal struggles, in everything from marriage and parenting to navigating the US educational and medical industries and the US immigration system. The women also talked about fending off racism.
Lisa Hajjar’s spring lecture tour, entitled “Let’s Go to Guantánamo! An On-the-Ground Perspective on the Military Commissions,” explores secret renditions, black sites, torture, suppression of evidence, clandestineness and what it means to provide “legal counsel” to detainees in the post-September 11 “war on terror” in the absence of procedural fairness or public scrutiny.
Zero Dark Thirty is a movie the CIA wants you to see.
It tells a tale of the search for Osama bin Laden wherein the key lead comes from a man softened up by waterboarding, sleep deprivation, confinement in a coffin-like box and other forms of pain and humiliation. It shows CIA agents extracting subsequent clues by similar means or the threat thereof. It alludes to other evidence supplied by “the Paks” and “the Jords” that was also obtained from detainees under duress. It twice depicts CIA officials asking the higher-ups how they are to find bin Laden when, after Barack Obama’s election, “the detainee program” is taken away.
Two of today’s headlines together provide a good example of the work of imperial forgetting. On the front page of the New York Times, a story about the depiction of torture in the forthcoming national revenge flick Zero Dark Thirty shows how little debates have advanced over the past decade. “Reasonable” interlocutors in the Beltway remain stuck in the inane exercise of sparring over whether some utterance extracted by waterboarding in 2003 somehow contributed to the chain of events that led to Navy SEALs shooting an unarmed man in the face at point-blank range in 2011.
On President Barack Obama’s second day in office, one of the three executive orders he signed was a commitment to close the detention facility on the naval base at Guantánamo Bay as soon as possible but no later than one year thence. An inter-agency task force headed by White House counsel Greg Craig was established to come up with a plan. The new administration did not anticipate that this step would be controversial because, at the time, closing Guantánamo had bipartisan support, including from former President George W. Bush and Republican presidential contender Sen. John McCain. Bagram, the main US-controlled prison in Afghanistan, on the other hand, was being expanded — like the war in that country.
On June 14, the Supreme Court buried the prospect of justice for Maher Arar, a Canadian citizen of Syrian origin who was “extraordinarily rendered” by the United States (via Jordan) to Syria in 2002. Arar was suing the US officials who authorized his secret transfer, without charge, to a country infamous for torture. With the justices’ 22-word statement, the case of Arar v. Ashcroft exited the American legal system and entered the annals of American legal history under the category “grave injustice.” Alphabetically, Arar precedes Dred Scott v. Sanford, which upheld slavery, and Korematsu v. United States, which upheld the internment of Japanese Americans. In this case, however, the grave is literal: Arar spent ten months of his year in Syrian custody confined in what he describes as “an underground grave.”
Darius Rejali, Torture and Democracy (Princeton, NJ: Princeton University Press, 2007).
Marnia Lazreg, Torture and the Twilight of Empire: From Algiers to Baghdad (Princeton, NJ: Princeton University Press, 2008).
Should the United States, seeking to recalibrate the balance between security and liberty in the “war on terror,” emulate Israel in its treatment of Palestinian detainees?
That is the position that Guantanamo detainee lawyers Avi Stadler and John Chandler of Atlanta, and some others, have advocated. That people in U.S. custody could be held incommunicado for years without charges, and could be prosecuted or indefinitely detained on the basis of confessions extracted with torture is worse than a national disgrace. It is an assault on the foundations of the rule of law.
But Israel’s model for dealing with terrorism, while quite different from that of the U.S., is at least as shameful.
The president who campaigned on a pledge to “restore honor and dignity to the White House” has now been compelled to declaim: “We abide by the law of the United States, and we do not torture.” In the closing months of 2005, President George W. Bush has been forced to repeat this undignified denial several times, most recently with the head of the World Health Organization standing beside him, because a dwindling number of people believe him.
Torture, as President George W. Bush clearly knows, is against the law. The administration keeps reasserting this point because the US torture saga keeps deepening.
Under fire for the “enhanced interrogation techniques” employed in secret CIA jails and at Guantánamo Bay, Bush rejoined that the US faces an enemy “that lurks and plots and plans and wants to hurt America again. And so, you bet, we’ll aggressively pursue them, but we’ll do so under the law.” He hastened to add: “We do not torture.”
There is a popular belief that Western history constitutes a progressive move from more to less torture. Iron maidens and racks are now museum exhibits, crucifixions are sectarian iconography and scientific experimentation on twins is History Channel infotainment. This narrative of progress deftly blends ideas about “time,” “place” and “culture.” In the popular imagination, “civilized societies” (a.k.a. “us”) do not rely on torture, whereas those societies where torture is still common remain “uncivilized,” torture being both a proof and a problem of their enduring “backwardness.”