The Legality of Torture: Reactions to the Senate Intelligence Committee Report

Protestors outside the White House
Protests outside the White House fueled President Obama's
decision to close Guantanamo Prison, one of the locations of
prisoner  torture mentioned in the recent Senate Intelligence
Committee report.
Image:  Chris DeRidder / Shutterstock.com
The responses to the release of the Senate Intelligence Committee’s report on torture have been mixed both within and outside of the United States.  In fact, even before the latest report, the Obama administration has been dealing with the aftermath of torture activities in court.

In February 2009, the case of Bay Area firm Jeppesen Dataplan came to court.  Jeppesen was known to have flown captives to foreign countries notable for the brutality of their prisons.  In the damage suit, five men—some still incarcerated—accused Jeppesen of complicity with torture during the George W. Bush administration.  Though President Obama had previously issued orders banning torture and closing CIA “black sites,” as well as condemning waterboarding as an illegal act of torture, the result of the Jeppseon case set a precedent for dismissing such cases as likely to damage national security by revealing state secrets.

Similarly, though the 500-page Senate report summary found that the CIA had tortured many suspected terrorists using methods such as forced rectal feeding, coffin-like confinement, and sleep deprivation (without producing useable information that could not have been gotten through other means), the issue of whether or not to prosecute those involved remained largely unexamined.  Though Obama stated that the practices are “inconsistent with our values as a nation,” he also stressed not wanting to “refight old arguments” and to “leave these techniques where they belong—in the past.”  The Justice Department has ruled out criminal prosecutions at this time.

Elsewhere in the world, reactions have been equally tepid, for the most part.  Though many suggested the report release be delayed due to potential unrest from the Middle East—as most of the torture victims were Middle Easterners suspected of terrorism—the reactions from that area have been fairly muted, compared to what was expected.  There were no significant protests and few official statements, though some discussion did occur on Twitter.

Of those who did comment publically, Iranian officials condemned the interrogation program.  Foreign Ministry spokeswoman Marzieh Afkham said the report documented “violence, extremism, and secrecy as institutionalized in the US security system.”  In Turkey, Foreign Minister Mevlut Cavusoglu said that "torture and other brutal, inhuman, or degrading treatments or punishments are unacceptable under any circumstance" but also called the report a "positive step in terms of transparency."

Could it be more beneficial to move forward rather than try to pursue legal action against the perpetrators mentioned in the report, especially given the relative lack of violent response from the Middle East?  Or will the American justice system suffer for not bestowing consequences for potentially unlawful behavior?

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