The American justice system has changed in that it no longer seeks justice. One can examine this statement through three specific problems facing the American justice system; the American justice system’s support of torture, the Executive branches suspension of habeas corpus, and the Department of Justice’s support of the Executive branches suspension of habeas corpus. Although one could say that because it is part of the American ethos to be fair and just, today’s facts do not support, and to some extent contradict this statement.
Torture is against International and United States law. Article 17 of the third Geneva Convention states clearly that torture in any way shape or form of prisoners of war is illegal. “No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatsoever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind” (Third Geneva Convention). In addition the the Geneva Conventions, it is flatly against current federal law to torture also.
These things being said, it is quite apparent that the United States engages in torture. Torture as defined by the Convention Against Torture as “any 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….” (Human Rights Watch). As ABC reporters Brian Ross and Richard Esposito report that their “CIA sources described a list of six “Enhanced Interrogation Techniques” instituted in mid-march 2002” (Ross, Esposito). These techniques included:
1. The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
2. Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
3. The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
4. Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
5. The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
6. Water Boarding: 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.
The United States government calls these Enhanced Interrogation Techniques“ but as the Geneva Convention, and the Convention Against Torture describe them, they are forms of state sanctioned torture.
The newly confirmed United States Attorney General Michael Mukasey has a unique role in the debate on “Enhanced Interrogation” and torture. Michael Mukasey is the head of the justice department. He is who gets to say whether or not a law has been broken. During his senatorial confirmation hearings, and in response to the question “Is waterboarding torture?” coming from Illinois Senator Dick Durbin, Attorney General Mukasey stated "I think it would be irresponsible of me to discuss particular techniques with which I am not familiar when there are people who are using coercive techniques and who are being authorized to use coercive techniques. And for me to say something that is going to put their careers or freedom at risk simply because I want to be congenial, I don't think it would be responsible of me to do that." This response to such a clear cut and “to-the-point” question sounds eerily like newspeak. He is basically saying that American officials may be using torture techniques, but he doesn’t want to get them or their superiors into trouble so he wont define torture at this time. This is illogical and unjust. This ethical philosophy would not have been viable ten years ago. This is not the America described in history books, but this is the America of today. This is just one way that terrorism has changed the American idea of justice.
Another way that terrorism has changed the American idea of justice is how Americans perceive due process. Habeas Corpus is the right to due process. It allows anyone accused of a crime the right to not only hear the charges against them, but to examine the evidence against them, and to defend themselves against that evidence in a court of law. The American constitution explicitly states, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it (US Const., art. 1, sec. 9).” This is the way in which justice has been viewed in America until recently. In 2006 the Military Commissions Act of 2006 was passed.
According to the ACLU the Military Commissions Act of 2006 suspends Habeas corpus for all non-US citizens (ACLU). Although this part of the act does not affect U.S. citizens the next part does. Under the act the President is bestowed with the power to designate anyone in the theatre of war an enemy combatant (ACLU). Under the Military Commissions Act (MCA) enemy combatants are not entitled to This status strips even American citizens of their right to Habeas Corpus. Without this right to Habeas Corpus all of your rights that you would be normally afforded under the
Works Cited
HumanRightsWatch.com. 1 June 2004. Human Rights Watch.
15 Nov 2007
Ross, Brian, Richard Esposito. “CIA’s Harsh Interrogation Techniques Described.” ABC News. 18 Nov. 2005. 15 Nov. 2007
Calabresi, Massimo. “Squeezing Mukasey on Torture.” Time in Partnership with CNN. 18 Nov. 2005. 30 Oct. 2007. <http://www.time.com/time/nation/article/0,8599,1677612,00.html>.
ACLU.org. American Civil Liberties Union.
18 Nov. 2007
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