07.23.07
More on Bush on torture
From Dan Froomkin’s column today:
Here is Bush’s executive order on torture, the official White House statement, and the transcript of a tragi-comically unforthcoming press briefing by anonymous senior administration officials.
Karen DeYoung writes in The Washington Post: “President Bush set broad legal boundaries for the CIA’s harsh interrogation of terrorism suspects yesterday, allowing the intelligence agency to resume a program that was suspended last year after criticism that it violated U.S. and international law.
“In an executive order lacking any details about actual interrogation techniques, Bush said the CIA program will now comply with a Geneva Conventions prohibition against ‘outrages upon personal dignity, in particular humiliating and degrading treatment.’ His order, required by legislation signed in October, was delayed for months amid tense debate inside the administration. . . .
“Two administration officials said that suspects now in U.S. custody could be moved immediately into the ‘enhanced interrogation’ program and subjected to techniques that go beyond those allowed by the U.S. military.
“Rights activists criticized Bush’s order for failing to spell out which techniques are now approved or prohibited. . . .
“‘All the order really does is to have the president say, “Everything in that other document that I’m not showing you is legal — trust me,” ‘ said Tom Malinowski of Human Rights Watch.”
William Douglas and Jonathan S. Landay write for McClatchy Newspapers: “Some experts in human-rights law said Bush’s order contains ‘loopholes’ that would allow the CIA to continue using aggressive interrogation techniques that others would consider torture.
The order “‘prohibits willful and outrageous acts of abuse, but only does so where the purpose is to humiliate and degrade an individual. But if an interrogator says these techniques, whether it’s water-boarding or stress techniques, are done to elicit information, but not humiliate a detainee, they could argue that that would not run afoul of the executive order,’ said Jonathan Hafetz, a lawyer with New York University School of Law’s Brennan Center for Justice, which has represented detainees held by the United States.
“‘The same thing goes for acts to denigrate someone’s religion. If you took away someone’s Quran not to denigrate, but as an interrogation technique to gain information — which they’ve done in the past — they could argue it was allowed under the order,’ he said. . . .
“‘Let’s not forget that the administration’s theory of executive authority is very broad. They reserve the right to interpret laws in ways no one agrees with in emergency situations,’ said John Sifton of Human Rights Watch, a nonprofit activist group.”
And Sifton said that the CIA program under Bush’s order remains in violation of international law. “‘Put torture to the side for a second. The CIA detention program, even if no mistreatment is occurring, is still illegal under international law because it allows incommunicado, indefinite detention. That is enforced disappearance. That exists entirely outside the rule of law,’ he said.”
