United States government
As the administration of President Trump reviews American policies on the interrogation and detainment of suspected terrorists, the public is widely divided over whether the use of torture should be used in the country’s anti-terrorism efforts (“Americans divided over the use of torture”, 2020). A study by Pew Research Center established that 48 percent of Americans agree that there are some instances or circumstances under which the use of torture is acceptable to curb the terrorism menace (“Americans divided over the use of torture”, 2020). On the other hand, 49 percent are convinced that there no circumstances under which the use of torture can be accepted. President Trump personally believes that the use of torture is effective (James Masters, 2020). The current U.S law bans the use of torture by law enforcement, the military and other government agencies in interrogating and detaining suspects of terrorism.
However, despite the position of the President and some members of the public, the question is whether torture works and whether the government should be allowed to use it. The U.S Senate Select Committee in 2014 documented a report on the detention and interrogation program of the CIA, opining that the use enhanced interrogation techniques– which is a nice word for torture, is not effective in obtaining information from terrorist suspects, neither does it support cooperation from the detainees (James Masters, 2020). The use of torture is not only ineffective in obtaining information from suspected terrorists but also deeply flawed because it violates human rights and the Eighth Amendment of the United States, which bans unusual and cruel punishment. Based on this premise, the U.S government should not be allowed to use torture of terrorist suspects.
Firstly, the use of torture to gain information from suspects of terrorism is illegal not only under the constitution and laws of America but also in international law (Johnson, Mora & Schmidt, 2016). Jacobson (2017) explains that torture and abusive tactics of interrogation are illegal both under American law and the conventions of international law. The federal law prohibits torture, and so is the case with fewer forms of detainee abuse like inhuman, cruel, and degrading treatment. When President Obama assumed the office of the president in 2009, he issued an executive order to strengthen the ban on torture and limiting interrogators to the tactics in the Army Field Manual. And later in 2015, during his presidency, an anti-torture amendment sponsored by McCain and Feinstein was passed with overwhelming bipartisan support, making the ban on torture more pronounced and solid. These laws and policies show the United States standing on the subject of torture, which they consider a total violation of the law. America is known as a country that strictly adheres to the rule of law and observes human rights, and a reversal on these laws and provisions would not paint the picture in a good light in the international community. Most countries like Kuwait and the rest of the world look up to the United States for guidance, leadership, and direction; and a deviation from these norms would make the country seem like going back to the old ways. Even if these laws and policies prohibiting the use of torture were changed, U.S law enforcement agencies, the military, and interrogators are bound by the Constitution. In numerous circumstances, the courts have cited the Fourth, Fifth, Eighth, and the Fourteenth Amendments as having been instituted to protect suspects from the use of torture as a way of obtaining information from suspects. In the global law, the United States a signatory of the UN, and therefore bound by the Geneva Conventions, the International Covenant on Civil and Political Rights, and the Convention Against Torture all of which are prohibitory against the abuse of prisoners and their torture. Allowing the government of the United States to use torture would, therefore, imply that they are in total violation of both the federal law and international law, conventions, and treaties.
Secondly, it has been proved that the use of torture to obtain information from suspects of crime like terrorism does not work. In other words, torturing suspects of terrorism to obtain information is counterproductive and ineffective, which means allowing the United States government to use it does not sound smart. Intelligence experts and experienced interrogators have indicated that the use of abuse and torture in interrogations is not an effective way of eliciting reliable and truthful information. Statements made by nearly 25 from intelligence experts and interrogations from the military and other federal agencies some of which include the DEA, FBI, CIA and the NCIS indicate that using emotional, physical and psychological pressure can force torture victims to say anything that would end their painful and uncomfortable experience (“Facts on Torture”, 2020). Whatever they say does not necessarily have to be true; they just say anything that would get them out of the current uncomfortable information. The problem of interrogation is not to make people say anything; instead, it is a way of obtaining credible and precise information. It, therefore, implies that torturing suspects does not achieve the goal for which it is intended; that of obtaining credible and precise information (O’Mara, 2015). Neurological science, according to O’Mara (2015), shows that abuse and torture are ineffective ways of interrogating prisoners. Shane O’Mara, a neuroscience professor, states that abusive techniques of interrogating crime suspects- both psychological and physical, can compromise the cognitive function, memory, and mood which are vital in eliciting accurate and precise information. While those advocating for the use of torture highlighted its “successes” from the CIA using enhanced interrogation following the events of 9/11, the U.S Senate Intelligence Committee’s report on CIA detention and interrogation indicated that the tactics employed by the CIA were less effective than it was claimed by the body, and did not result in unique information that helped in stopping attacks and saving the lives of Americans (“Facts on Torture”, 2020). The implication is that using torture is ineffective and counterproductive, and therefore suggesting its use is illogical.
Thirdly, humane treatment of individuals in custody for suspected criminal activity involvement is a fundamental element of the American values and ideals. Some people have asked why should the United States not use torture while terrorist groups do the same thing? The response is simple, the United States is a great country founded on sound values and ideals, and sinking to the thinking level of terrorists does not make it any different (“Facts on Torture”, 2020). Abandoning the ideals and values of America to sink to the level of terrorist organizations would diminish the respectful standing of the United States in the world stage, reduce the influence of the country on the subjects of human rights, military and counterterrorism. As mentioned earlier, several countries in the world have modeled their values, ideals, and systems of governance after the United States. A good example is on the subject of human rights; America is known to support the freedoms and rights of individuals, even in circumstances where such rights are deemed to overrated (Jacobson, 2017). The greatest strength that the United States has stood for and shown across the world is that it is committed to the rule of law and the principles embedded in its constitution. Americans are proud of these ideals because they distinguish them on the world stage (Jacobson, 2017). Torture violates the core values of America as a nation, and the law enforcement and military agencies should be proud of these values. Since the country strongly believes in the rule of law, the use of torture to obtain information from subjects goes against the doctrine of innocent until proven guilty. The presumption of innocence in the United States is the legal right of the suspected terrorist or any individual accused of criminal activity. The Universal Declaration of Human Rights of the United Nations lists the presumption of innocence as an international human right. Therefore, going against the presumption of innocence is a violation of the suspect’s basic human rights both locally and on the international stage (Johnson, Mora & Schmidt, 2016). Torture does not provide any strategic advantage, and abuses by the government of the United States provides its enemies with a rallying point around which to hire more followers.
Nevertheless, supporters and advocates of torture indicate that it is a tool for protecting the United States against future attacks. These people indicate that terrorist groups are not signatories of the Geneva Conventions. That terrorists kill innocent people cruelly, fiercely, and indiscriminately with impunity and do not adhere to any rules of international law. Advocates of the use of torture to obtain information from terrorist suspects also indicate that since they do not treat people with decency during their executions, they should not be accorded the same treatment. That there is no point in being nice and following the due process with people who murder, torture, and maim innocent lives without valid reasons (Johnson, Mora & Schmidt, 2016). Some of these advocates mention that the use of torture will deter terrorist attacks and protect the United States.
Conclusion
Evidently, there is a huge division and debate on whether the United States should adopt torture to interrogate and obtain information from suspected terrorists. The current administration, under President Trump, seems to be strongly linked to the idea of using torture. However, the question is whether this method is effective, lawful, and conforms to the values and ideals of the United States. As strongly indicated above, torture is not only ineffective and counterproductive, but also erodes the culture, national honor, and ideals of the United States, and violates a series of federal and international laws. Therefore, the United States government should not be allowed to use torture against suspects of terrorism.