Interpreting Torture

Here is a document that needs to be parsed, as thoroughly as possible. How can the legal team of the Bush administration take article 3 of the Geneva Conventions and turn it into a model for torture.

From the White House itself - Executive Order: Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency

(b) The Military Commissions Act defines certain prohibitions of Common Article 3 for United States law, and it reaffirms and reinforces the authority of the President to interpret the meaning and application of the Geneva Conventions.

"Interpret", this appears to be the word which gives wiggle room and then allows for the introduction of "safe practices." Recall that the APA (American Psychological Association) unlike the AMA and the Psychiatrists, has NOT issued an all out ban on having its members participate in the interrogation of prisoners. This is thought to be the main reason why Bush believes he can interpret and then introduce torture. You can call it a "safe practice" but its torture.

(b) I hereby determine that a program of detention and interrogation approved by the Director of the Central Intelligence Agency fully complies with the obligations of the United States under Common Article 3, provided that:

At this point any determination of Bush is suspect. In this administration reality and "policy" are distant strangers.

(i) the conditions of confinement and interrogation practices of the program do not include:

Whenever you are looking for a complete list of what someone is up to, the words "do not include" should raise the alarm. Certainly it is good to mention what it does not include but the issue is about what it does include.

(iii) the interrogation practices are determined by the Director of the Central Intelligence Agency, based upon professional advice, to be safe for use with each detainee with whom they are used; and...

Here again it is the term "safe" which is sticky. Again it is the participation of the psychologist in the interrogation that legitimizes the president calling this safe.

Excellent Democracy Now on Wednesday which included Anthony Romero Head of the ACLU speaking with Amy on civil liberties in an age of torture. The transcript is here.