So I said "moderate physical force" on one occasion. That includes sleep deprivation, loud music, and perhaps disorienting positions. However, emotional and psychological pressure are definitely included in the definition of pressure. I'm not going to claim that one phrase covers all my thoughts on the subject. If you want to understand what I think you'll have to give up that fixation.
I really never approve of physical violence in interrogation. Yet sleep deprivation and loud music are also included in physical force in interrogation.
The
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which both Israel and the US are parties and by which both are bound, defines torture as:
(A)ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Torture is what is designed to produce severe physical or psychological discomfort. This would include sleep deprivation, loud music and the placing of the subject in a disorienting position.
Your distinction between "moderate physical force" or "emotional and psychological pressure" and torture is rejected. Sleep deprivation, loud music and disorienting positions may not be a severe as placing the subject on a rack and stretching him, but they are bad enough. You cannot endorse the use of these techniques in an interrogation and say you oppose the use torture. That's like saying "I oppose murder, but it's okay to stab someone to death with a knife."
Psychological discomfort is a large part of the force that is used in interrogation.
Again, that's torture.
Hamas uses suicide bombings of Israeli citizens as the physical force to attain a political goal, so I can't really see how Mr Barghouti's charges hold water.
Hamas' tactics are a red herring in this matter. Again, it's a
tu quoque fallacy. As you said earlier, Hamas' tactics can't be used to justify torture by Israeli authorities. Therefore, suicide bombings have nothing to do with Dr. Barghouti's charges. They can be condemned on their own demerits. The subject here is not suicide bombing by Palestinian militants; it is torture by Israeli authorities.
You fault Dr. Barghouti for not providing examples of Israeli torture. This piece appears to be written for an audience that is familiar with the subject, one that would need no elaboration on the matter. It has found its way to this website, where some people may not be familiar with the specifics of charges of human rights violations by Israeli authorities against Palestinian detainees.
While citing no specific example of Israeli torture, Dr. Barghouti makes the following charge:
Like the United States, Israel lays claim to the highest moral standards, yet it is apparent that there are elements within the Israeli armed forces and indeed government for whom torture is a necessary and acceptable weapon. The two nations' refusal to accept the terms of to the International Criminal Court can only enhance the worldwide suspicion that these two countries wish to legitimize the torture of prisoners without ever being held to account by those they abuse.
An Israeli High Court ruling on 6 September 1999 prohibited a number of torture techniques. However, these methods were not completely outlawed. Instead the Court's ruling still allows the Knesset to enact laws that would give intelligence officers the authority to use such methods. The Court deemed the security difficulties faced by Israel to be grave enough to merit granting intelligence services the power to torture . . . .
The Israeli army and police also receive the unconditional backing of the country's legal system, perpetuating the culture of impunity in Israeli prisons. The Public Committee Against Torture in Israel has found that the Israeli Attorney General has approved every case of torture as a necessary security measure. The High Court has rejected every single one of 124 petitions submitted by PCATI, against prisoners being denied access to legal support.
Since Dr. Barghouti cites PCATI, a
link to the PCATI website would be helpful. Here, PCATI elaborates on the specific techniques used by Israeli authorities at the time the High Court decision to which Dr. Barghouti refers came down (1999). These include:
- Tying up detainee in painful positions for hours or days on end.
- Solitary Confinement.
- Confinement in tiny cubicles.
- Beatings.
- Violent "shaking".
- Deprivation of sleep and food.
- Exposure to cold or heat.
- Verbal, sexual and psychological abuse.
- Threats against the individual or the individual's family.
- Lack of adequate clothing or hygiene.
A number of these can be defended, but some of these methods are torture in and of themselves.
The PCATI site gives methods, but not specific cases. In
this article that originally appeared in
The Nation in 1999, Alexander Cockburn writes as follows:
The (Landau) commission duly pondered the conflict between solemn international covenants barring torture and the perceived security needs of Israel. It came down firmly on the side of the latter. A secret annex to its report, later leaked, sanctioned the use of "moderate physical pressure" against Palestinian detainees. Thus, in the very year that the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment-later endorsed by Israel-came into force, Shin Bet's torturers received the imprimatur of the state.
"Moderate physical pressure" sounds almost sedate. So does "shaking," until one discovers that more than once Israel's torturers have shaken their victims to death. One such victim was Abdel Samad Hraizat, brought to hospital unconscious less than twenty-four hours after his arrest on April 22, 1995, and pronounced dead on April 25. Thousands of Palestinians-never Jews-have experienced this "moderate pressure" since Landau made it legal.
Here's a typical account, given by a 15-year-old Palestinian, Riad Faraj, who was arrested for throwing stones in late 1987. "They handcuffed and beat me during the journey to Fara'a . Once we arrived, they took me to a 'doctor' for a 'checkup.' I found out later that this 'checkup' is to locate any physical weakness to concentrate on during torture. They paid particular attention to my leg, which was once injured and was still sensitive. Before they began interrogation, they asked me if I was ready to confess. They then hanged me by my wrists, naked, outside in the cold, and gave me hot and cold showers alternatively. A hood covered in manure was put over my head."
Since Mr. Cockburn now edits CounterPunch, whose anti-Israeli exortations often go beyond the pale, I would not want to allow his tesitmony to stand without further evidence. In its World Report for 1999, Human Rights Watch says of interrogation methods in Israel:
Torture or ill-treatment during interrogation by the General Security Services (GSS) continued to be widespread and systematic. In January and May a nine-member panel of the Supreme Court heard arguments on GSS interrogation methods, but postponed ruling on whether these methods constituted torture under Israeli law, although the U.N. found them to violate two treaties prohibiting torture (see below). The Knesset also debated legislation that would codify these methods in a new GSS Law, in effect legalizing torture, but as of October the bill had not passed its final reading.
The same report also cites a high-profile case, that of Mordecai Vanunu, who was placed by the Israelis in solitary confinement for eleven years. HRW points out that solitary confinement for such an extended length of time is "a form of punishment characterized by the U.N. Human Rights Committee as constituting torture."
That was 1999, when, as Dr. Barghouti points out, an Israeli High Court prohibited a number of torture techniques. In January of this year,
HRW briefed the UN Commission on Human Rights. HRW reported:
As of January 2004, some 5,900 Palestinians were being held on security-related grounds. Reports of ill-treatment were widespread, including kicking, beating, squalid conditions, and deprivation of food and drink, and Israeli human rights organizations documented cases of torture. Some 631 persons were administrative detainees, held on the basis of secret evidence without effective judicial review.
The Israeli human rights organization, BTselem, also
documents the use of torture by the GSS after the High Court's decision.
You are right to point out that, just as Hamas-directed suicide bombings do not justify torture, neither does the use of torture by the US in Iraq and in other secret prisons justify or condemn Israel's use of torture. They are separate cases in each of which a nation that upholds itself as the zenith of modern civilization acts in a barbarous manner and attempts to justify that behavior. Both case are ironic, the leaders of both nations should be condemned for permitting this sort of thing, but they should be condemned separately.
Nevertheless, Dr. Barghouti's charges of the continued use of torture by Israeli authorities are supported by reputable and independent sources. They deserve to be taken seriously and not dismissed as propaganda.