Torture and Public Policy Case Study

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Public Policy Analysis

The definitions of some terms, such as torture, are not clearly defined in law. Whether it is torture or not depends on the initial objective, not the actual actions. After the rules for interrogation were set, they were changed several times to implement more actions as being allowed for interrogation. Without terms being clearly defined, it opens the door for confusion and misconceptions as to the meanings of the terms and what is allowed and what is not allowed, or prohibited, by law. Policies can be changed based on simple misconceptions that can make situations worse instead of bringing improvement.

Chronology of Facts

Numerous reports indicated slapping, kicking, beating, stripping of clothes, hands and feet chaining, dark cells, and extreme temperatures, among other actions. There were numerous reports that proved the abuse to the detainees did happen.

Detainees were falsely imprisoned. Military intelligence officers admitted that 70% - 90% of the detainees had been imprisoned by mistake.

An Executive Order, signed by President Bush, authorized interrogation techniques of sleep management, use of military working dogs, stress positions, such as half squats, environmental manipulation, such as loud music, sensory deprivation through the use of hoods. This order was changed on May 2004.

Geneva Convention rules of wartime forbid torture and provide for humane treatment of enemy captives. These rules are to protect captives, regardless of their home country, from torture.

Forced interrogation is an inferior technique that brings questionable quality of information. The detainee could really not know the needed information and tell the officer what they want to know to stop the beating.

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Or, if really do know and are fearful for family members in their own country, can tell a lie in order to satisfy both sides.

On February 7, 2002, President Bush signed a memorandum that the Geneva Convention rules did not apply to the conflict between the U.S. And al Qaeda in Afghanistan or elsewhere. The reason for the memorandum was because al Qaeda was not a high contracting party to Geneva.

The Torture Victims Protection Act implements the Convention Against Terror (CAT) into U.S. law. It defines torture as an "act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." If causing pain is not the main objective, even if the actions cause harm, it would not be torture under law. The memo holds that any U.S. person accused of torture who was acting pursuant to the orders of the commander in chief could defend against the charge by arguing "the right to self-defense," since the nation was under attack.

The MPs had not received training in detention/internee operations. They had little or no instruction on the Geneva rules for prisoners of war.

There was no formal policy for interrogation aside from the Army Field Manual. This presented incomplete guidance.

Military staffs were asked to escalate the level of interrogations. Policy was changed to allow stronger interrogation techniques, such as dietary manipulation, sleep deprivation up to twenty hours a day, isolation up to….....

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