Wednesday, June 09, 2004
When is Torture Torture? posted by Richard Seymour
I know the title is vaguely reminiscent of the beginning of some luminescent ramble by Donald Rumsfeld. But, superannuated old fart that he is, even Rumsfeld could not have come up with anything as transparently ludicrous (ludic?) as the United States government's official definition of torture, as revealed in leaked segements of the report on torture in Iraq.It is, according to them, any "act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain". Now, some of you are thinking - but that's exactly what they did! No... It says "under the color of law". That is, (if the obtuse language doesn't deceive me), within the law. So, if its torture, what the hell it's legal anyway. And if it isn't legal, it can't be torture! Hence, Rumsfeld: "I don't know if its torture exactly, so I won't use that word..." But there are a lot of unknown unknowns aren't there?
Anyway, the best part of the definition is that it has to be an act that occurs outside the United States! I shit you not. That means any time a prison warder wants to toss a few guys down to some sexually frustrated rapists as part of penal policy, or smash someone's teeth in, he has nothing to worry about. Further, the Torture Statute does not apply to US personnel at Guantanamo Bay. Wonder why? What a fantastic country!