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PrinciplesTorture is, by definition, inflicting mental or physical pain on another person for the purpose of extracting information or confessions, as an act of deterrence, intimidation, revenge, or coercion, outside of the scope of standard constitutional or criminal law. Torture is wrongFundamentally, torture is wrong and ineffective at anything except providing a basis for hatred. The use of torture against human beings by the United States Federal Government gives everyone in the country a bad name. Secretary of State Colin Powell stated that we still have an obligation to treat them humanely, consistent with international standards. And that's been my position because that's the way we want our troops to be treated if they are captured.
Torture is illegalWhile some may argue that the Third Geneva Convention only applies to prisoners of war and not to enemy combatants because they were not in any organized army, this position completely ignores the Fourth Geneva Convention, which deals explicitly with civilians during conflicts.Torture is un-AmericanAside from our legal obligations under international treaty, the use of torture and lack of a legal system is contrary to the spirit of the Bill of Rights and United States Constitution. The Eigth Amendment reads excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Those are strong words which places restrictions on the actions of the Federal Government in regards to all people, not just United States citizens or people on U.S. soil.The Sixth Amendment reads in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. This basic right should be afforded to every person under the control of the Federal Government; the current actions of the Bush administration may be approved by the Supreme Court but are contrary to the spirit of America. 
Who watches the watchers? The military is not a police force and should not be used as one. Impossible oversightThe size and scope of the United States Military is such that it can not even oversee itself, let alone be overseen by the american people. This means that, at best, acts of torture will be known to the public after the fact and, at worst, that torture will happen and the public will never hear of it. This is why the size and scope of the military must be lessened to prevent situations that are ripe for abuse. Too much powerThe fact that the president has the ability to incarcerate anyone with out access to legal council is an indication that the power of the executive office is too broad. This is allowed to exist because of a legal grey area and loopholes that Congress is not solving; Congress should be outraged but public support of any solution from them has not been seen. |
