From an editorial in the “Washington Post”:http://www.washingtonpost.com/wp-dyn/articles/A50490-2004Jul14.html today.
bq. According to the International Red Cross, a number of people apparently in U.S. custody are unaccounted for. Most are believed to be held by the CIA in secret facilities outside the United States. Contrary to the Geneva Conventions, the detainees have never been visited by the Red Cross; contrary to U.S. and international law, some reportedly have been subjected to interrogation techniques that most legal authorities regard as torture.
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bq. What is known, mostly through leaks to the media, is that several of the CIA’s detainees probably have been tortured — and that a controversial Justice Department opinion defending such abuse was written after the fact to justify the activity. According to reports in The Post, pain medication for Abu Zubaida, who suffered from a gunshot wound in the groin, was manipulated to obtain his cooperation, while Khalid Sheikh Mohammed was subjected to “water boarding,” which causes the sensation of drowning. Notwithstanding the Justice Department opinion, parts of which recently were repudiated by the White House, U.S. personnel responsible for such treatment may be guilty of violating the international Convention Against Torture and U.S. laws related to it.
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bq. Nor has the CIA’s illegal behavior been limited to senior al Qaeda militants. The agency has been responsible for interrogating suspects in both Afghanistan and Iraq, and it is believed to have held a number in secret detention facilities. According to official reports, the identities of several in Iraq were deliberately concealed from the Red Cross, a violation of the Geneva Conventions. At least two detainees have died while being interrogated by CIA personnel. One CIA contractor has been charged with assault by the Justice Department in the case of one of the deaths, and at least two other cases are reportedly under investigation. But no higher-ranking CIA officials have been held accountable for the abuses or the decisions that led to them, even though it is now known that former CIA director George J. Tenet was directly involved in the “ghost detainee” cases in Iraq.
bq. The Pentagon and Congress are investigating the Army’s handling of foreign detainees; though they are slow and inadequate, these probes contrast with the almost complete absence of scrutiny of the CIA’s activity.
I’m not especially keen on self-righteous denunciations of the “people of political position _x_ are lying hypocrites unless they immediately denounce _y_” variety. Still, like “Kieran”:https://www.crookedtimber.org/archives/002092.html, I have enormous difficulty in understanding why sincere, committed US libertarians (with some “exceptions”:http://www.highclearing.com/ ) aren’t up in arms about this sort of thing. It seems to me to be an open-and-shut case of the kinds of state tyranny that libertarians should rightly be concerned about. Why is state-organized torture a less topical issue than state-imposed limits on political free speech, or individual ownership of firearms? If someone has a consistently argued libertarian argument for why the state should be allowed to torture individuals, I’d like to hear it. If someone has a libertarian argument, or indeed any argument at all, for why the state should be allowed to do this with no public scrutiny or accountability, I’d like to hear that even more.