Prohibition of Torture in the case of Guantanamo Bay - Essay Example

Prohibition of Torture in the case of Guantanamo Bay Inflicting physical and emotional pain deliberately is referred to as torture. Since early time in history “torture has been used as a means of extracting information from suspects and prisoners”.1Torture is a major violation of someone’s human rights. As much as people tend to think that it is something of the past, it indeed happens more than it is thought of. Democratic countries such the United States of America which are said to uphold human rights are in fact culprits of condoning torture. For example, there has been a lot of evidence through videos leaked through the internet and other forms of media that implicate the United States of America condoning torture in Guantanamo bay. The first Government official to accept that indeed torture did take place in Guantanamo bay detention camp was Secretary of Defense Robert Gates. What is the Guantanamo Bay Detention camp? After the 2001 terrorist attack, the United States government opened a military interrogation and detainment camp in the Guantanamo Bay Naval Base in Cuba.2 This camp was meant for holding and interrogating detainees suspected to be terrorists. This mainly focused on the war in Iraq and Afghanistan. Guantanamo Bay detention camp is divided into three sections, that is; Camp X-ray camp delta and camp Iguana. Camp iguana was meant to hold detainees considered to be children (those under the age of 16 years). “Camp X-ray was the first section set up to detain suspected terrorist but was later replaced by camp delta since it was a temporarily section.”3 The first detainees to be detained in Guantanamo bay detention camp were brought on January 11, 2002. This was after the United States of America department of justice said that that the United States of America Government would have no legal liability if detainees were held in Guantanamo Bay Naval base. Initially, the Bush administration stipulated that “detainees in the Detention Camp were not protected by the Geneva Convention.” 4This can be considered one reason why torture was condoned in the detention camp. Are There Similarities in Guantanamo Bay Detainees and those in the Middle East? Conditions of prisoners in Guantanamo Bay detention camp can be compared to those of other detainees and prisoners in the Middle East. One characteristic in the two is the use of torture. In the Middle East, Israel can be used as an example. This is because; Israel is also sensitive to terrorist attacks as much as the United States of America. This is as a result of its conflicts with her neighbors especially Palestine. In both scenarios detention of terror suspects is done without any court process. In the Middle East, there are various methods of torture. One such method is suffocating of suspects using a towel and water during interrogation. This is where a prisoner is held down or strapped facing upward and his face covered with a towel or a cloth. Water is then poured on the towel. “The process of water interrogation creates a drowning feeling……...’ The same is done in Guantanamo Bay detention camp. In both Guantanamo Bay detention camp and detention camps in Israel, water interrogation is the most used form of torture during interrogation. In the Middle East detainees are also emotionally tortured, and they are subjected to a lot of humiliation. For example, in Iraq, there have been reports of women detainees being stripped naked. Iraqi soldiers and policemen are known for their inhumane way of handling detainees and prisoners. They mistreat them to the extent of even urinating on them. The same was going on in Guantanamo bay detention camp. Lesser Ethics in Relation to Torture and the Geneva Conventions Terrorism has brought about a new debate not only in the United States of America, but in the whole world as well. This is because the Geneva Convention prohibits torture of any soldier, detainee, civilian and prisoners of war. The Geneva conventions are treaties signed by the international community. These treaties give guidelines of how soldiers, civilians and prisoners of war should be treated in case of any war. However, a great controversy faces the world today in regards to torture. Are people suspected of terror or convicted of terror entitled to protection by the Geneva Conventions? Is the use of torture ethically justified in the war against terror? Torture is generally ethical, but as history proves ethical issues have been determined by the situation at the time. For example, whereas people view torturing of criminal of lesser crimes such as grand theft auto as very unethical, they are lenient to the torture of people suspected of hurting a lot of people. This is referred to as a “Lesser Evil.” Terrorism results in a lot of destruction of property and the loss of life of many people. This in turn affects a lot of people. This has resulted in the huge dislike/fear of people suspected of terrorism acts. This fear results in the majority of people justifying the means used in fighting and preventing terror. For example, a research done among residents of New York City, “80 percent of New Yorkers, regarded torture justifiable in the fight against terror while 99 percent opposed the torture of political activists in some African states.5 This clearly shows that Americans clearly feel that torture is wrong but view it as a lesser evil when it comes to the fight against torture This is also the case with the government. For example, the United States of America under President Bush declared that detainees in Guantanamo Bay detention camp were not protected by the Geneva Conventions. This because they were terrorist suspects who did not enjoy the rights given to other citizens of other countries. This notion was used to justify the torture of detainees in Guantanamo Bay by the Bush administration. This notion was not held by the United States of America government. It is also used by other countries in the world like Israel in the Middle East who face the threat of terrorism. Are Terror Suspects not human beings? The use of torture in not only in Guantanamo bay is immoral and unethical. Even if these political prisoners are not protected by the Geneva conventions it does not warrant for their torture. This is because the Declaration of Human Rights of 1948 declares that “no human being should be subjected to inhuman treatment, inhuman punishment and torture of any kind.”6 People justify torture in Guantanamo Bay detention camp just because it yields results in the fight against terrorism. “Does the end really justify the means?” 7 No, it does not. Despite the fact that terrorism might cause a lot pain and damage, it does not give the United States government the right to use torture in Guantanamo Bay detention camp on these terror detainees. The United States government has condemned regime’s that have tortured and wrongfully detained political prisoners. Why is the United States government using double standards regarding the morality and legality of torture? “Is there a difference between the United States government and the terrorist groups they are fighting?”8 There is a fine line which can be easily crossed in between the two. This is because the United States government labels terrorists as inhuman and archaic. At the same time, the United States Government is also inhuman by allowing torture to happen in Guantanamo bay detention camp. So in the real sense the United States of America and the terrorist groups share one thing in common. That is, they justify their means of operation by the results they produced. What are the Effects of Torture in Guantanamo bay? Torture in Guantanamo bay detention camp has resulted in many negative and unfortunately positive effects. I would say that torture in Guantanamo bay has indeed helped the United States of America government in the fight against terrorism. However, it is safe to say that unethical torture has played a huge part in protecting American lives and property against terrorist attacks.9 This is because, the United States get a lot of information regarding potential targets, active cells in the United States of America and its interests, location of wanted terrorist leaders and the new methods terrorist use to make sure that their bombings and attacks cause maximum loss of life and property. It is by using this information the Unite States government gets as a result of torturing detainees in Guantanamo Bay detention camp that the government is able to stop attacks before they take place. “The United States government has also eliminated or arrested leaders of terrorist groups and cells, which results in disruption of terror plans thus saving lives since without their leaders, terrorists are unable to execute their terror attacks.” 10 Information gotten from detainees in Guantanamo Bay detention camp through torture has also helped save the lives of United States soldiers in Iraq and Afghanistan. This is because the United States Department of Defense (DOD) is given information on where terrorist have planted bombs, where their strongholds are and even identification of their leaders. Though the use of torture has yielded results to the United States government, it has resulted in a lot of negative effects. This is not only to the detainees of Guantanamo bay but also to the people of America, Europe and the also the Middle East. First of all torture has resulted in the deterioration of the health of the detainees of Guantanamo Bay. This is because of the physical torture they undergo, which leaves them prone to infections and diseases. It also causes Post Traumatic Disorder (PTSD) among the detainees.11 This is because torture, leaves mental scars in the person being tortured. The detainees also suffer from humiliation as sometimes they are tortured in very humiliating ways. For example, it is known that “female soldiers have been used to emotionally torture male detainees in Guantanamo bay detention camp by stripping them naked.” This humiliates the detainees resulting in low self esteem among them when the go back home. Torture also leaves the feeling of one betraying his or her people among the detainees of Guantanamo Bay detention camp as a result of giving out information after being tortured. This in turn results in depression in the detainees to the extent that some even take their own lives once they are released. Torture of detainees of Guantanamo bay has also led to the breakup of families in the middle east because once these tortured detainees are released they go back hoe as very different men and women. “The torture of detainees in Guantanamo Bay detention camp has also resulted in negative effects to the world especially the United States of America and Europe.” 12One effect that this torture has had on these countries is that it has made citizens of the United States of America and those of countries from Europe face a high risk of abduction when in Arab countries. If one would dissect the conditions of the release of these kidnapped Americans and Europeans, one characteristic in almost all of them is the fact that they insist on the “stop of torture and subsequent release our brothers and sisters in Guantanamo Bay detention camp by……..” This clearly shows that the fact that torture is taking place in Guantanamo bay has contributed a lot to these kidnappings. Another negative effect that the torture has had is that it has somehow increased terrorist attacks especially on the American and European soldiers in Iraq and Afghanistan. This is because, when these detainees go back home they are suffering from post traumatic stress hence are the best candidates to carry out suicide attacks since they have nothing to lose. Another way it has increased these attacks is that family members of these tortured detainees in Guantanamo Bay detention camp feel they have to revenge what happened to their family members in Guantanamo bay. To them, the best way they can revenge is by taking the lives of the soldiers who have occupied their country. Conclusion It is important for the world to clearly define what is right and what is wrong without considering the positive effects of the evil things like torture. Torture should not be justified by the terrorism crisis the world is facing.13 There are better and effective ways of fighting terrorism which do not involve the deprivation of human rights of fellow human beings. It is important that governments such as that of the United States of America should differentiate themselves from these terrorist by respecting human rights of the detainees of Guantanamo Bay. However, the United States government has realized that what was going on in Guantanamo bay detention camp was wrong. The United States Supreme Court ruled in June 29, 2006 that detainees of Guantanamo Bay detention camp were protected by the Geneva Convention, rendering President Bush’s statement that “detainees in Guantanamo are not entitled to the privileges of the Geneva conventions.14” Later after president Obama was elected to power, he ordered the close of Guantanamo Bay detention camp and the transfer of all its detainees to Thompson Correctional Center. This is because of what had been exposed about the torture practices in Guantanamo Bay detention Camp. However, the detention camp has never been fully closed. Even though the detention camp was closed, torture of terrorism suspects still goes on around the world. It is believed that the United States Government has resulted to turning terrorism suspects over to other countries like Pakistan where they are tortured using even more inhuman methods. References Bernard, Suzanne M. "An Eye for an Eye: The Current Status of International Law on the Humane Treatment of Prisoners." Rutgers Law Journal, 760-98 (1994). Books Llc. Prisons in Guantanamo Bay: Camp X-Ray, Guantanamo Bay Detention Camp, Camp Iguana, Camp No, Camp Bulkeley, Camp Platinum, Camp Five, Camp Delta. Memphis, Tennessee: General Books, 2010. Butler, Clark. Guantanamo Bay and the Judicial-Moral Treatment of the Other. West Lafayette, Indiana: Purdue University, 2007. City University of New York. Guantánamo Bay: The Global Effects Of Wrongful Detention, Torture & Unchecked Executive Power: Symposium. New York: City University of New York, 2010. Davis, Darren W., and Brian D. Davis. "Civil Liberties vs. Security: Public Opinion in the Context of the Terrorist Attacks on America."  American Journal of Political Science 48 (January): 28-46 (2004). Gardner, Hall. American Global Strategy and the “War on Terrorism. Farnham: Ashgate, 2005. Greenwood, Christopher. ‘International Law and the war against terrorism.’ International Affairs 78.2: 301-17 (2002). Kelly, Tobias. This Side of Silence: Human Rights, Torture, and the Recognition of Cruelty. Pennsylvania: University of Pennsylvania, 2011. Mannix, Daniel. The History of Torture. Charleston, South Carolina: The History Press, 2003. Meggle, Georg. Ethics of Terrorism and Counter Terrorism. Frankfurt: Ontos Verlag, 2005. Rodley, Nigel. The Treatment of Prisoners under International Law. Oxford: Clarendon Press, 1999. Wisnewski, Jeremy & Emeric, D. The Ethics of Torture. Bloomsbury: Continuum, 2009. Read More