Truth or Torture
2:32 pm in Ethics, Peace by Andrew Humphries
A lot is being said about torture recently—but not enough.
It is terrifying that so many are unconcerned about arrests without Habeas Corpus, military prisons, and torture. These activities don’t bring anyone more security. In fact, they bring about a false sense of security while simultaneously making life more systematically dangerous for all.
Arrest without Habeas Corpus is arrest without charge, without reasonable evidence for being detained, without having a definite, reasonable time set for a trial, without being able to confront the witnesses and evidence held against you, and without the principle that we should be treated as innocent until we are proven guilty. Without the principle of Habeas Corpus, innocent people can be detained indefinitely. Anyone can be locked away forever, for any reason without anyone else ever knowing about it. Should this give us comfort?
Men are not angels. They are neither unconditionally kind nor omniscient. When we are treated as guilty before we are proven guilty beyond a reasonable doubt, we are all at risk from the suspicion, paranoia, prejudice or even malice of those in control of the coercive apparatus of government.
The purpose of legal procedure is to protect the innocent from omnipotent government and to discover, at least beyond a reasonable doubt, what the truth of the matter is at hand.
In the modern world, military personnel are purposefully trained to have no sympathetic sentiments for the “enemy” and to follow the orders of authority uncritically. In military prisons, where there aren’t strict procedures to determine guilt or innocence, and where everyone is presumed guilty, what mercy is there for anyone? Human beings are objectified. People are no longer seen as individuals but as objects, part of a collective—“the enemy”. You don’t have to treat objects like people.
It is not surprising what has happened at Abu Ghraib and Guantanimo Bay.
Torture is complete nonsense. Torture is defended as a way of obtaining information to make us safe. But the information gained from torture is worse than unreliable. People will say what they need to say to stop the pain and fear of torture. I say that information gained from torture is worse than unreliable because, not only is the information gained suspect, but leading questions of interrogators either through prejudice (pre-judgment), or malice will determine the content of the responses of the victims. Torture does not tend to reveal truth, it tends to confirm the preconceptions of interrogators, interrogators who already think they know you’re guilty.
Imagine if police officers could compel testimony from suspects. We call them suspects because they are not yet convicts! Police suspect many more people than actually commit crimes. Sometimes they probably have strong hunches about who is guilty. But if they weren’t constrained by tough rules of gathering evidence and making a case against someone to an impartial judge, they would stop at their hunches. They could compel those they suspected of crimes to plead guilty to avoid pain.
This reasoning is embodied in our constitution in the protection in the 5th Amendment to the Constitution of the United which states: “[no person] shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…” The law could not be clearer than that.
We need to understand the principles of liberty and the principles of respectful communication in order to have security and in order for truth and justice to be served.
This video of Jesse Ventura illustrates these ideas very well:


