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Torture of Suspected Terrorists Name: Institution: Terrorist attacks in the past two decades have taken a new form. They are real; they are also devastating to the nation emotionally, politically and economically. As such, the need to prevent the occurrence of devastating events such as September 11th attacks on the world trade centre preoccupies the government…
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Download file to see previous pages... As such, America has a right to torture terrorist suspects but under exceptional circumstances (Hickey, 2012). Crucial is the fact that terrorism does not take an isolated approach. This is to say that terrorism does not restrict to breaking of a law. Acts of terrorism inflict harm on third parties most of whom are innocent law abiding citizens. Terrorism is a crime against humanity because it causes harm to individuals and undermines the sanctity of freedoms such as the right to life. Moher (2004), advocates for the use of torture using the argument “a lesser of the two evils”. In the event that one person stands in the way of saving millions from harm by with holding information, then extreme measures are likely to suffice. However, sanctified the rights of an individual, the government is likely to protect the masses rather than one person (Hickey, 2012). While describing the phrase “a lesser of the two evils”, utilitarianism is in play. This is the idea that a policy is as relevant as the extent to which it protects, to a greater advantage, the masses, as opposed to an isolated few. Nonetheless, there is a need to establish under what situation torture is valid and what form this torture will take. Currently, America utilizes the policy of torture under the Radar screen. This technique encompasses underground torture methods such as rendition. This is where the suspect is subject to interrogation in a nation that has less restrictive rules on torture by using torture lite methods. Moher (2004) holds that it is more appropriate to accept that torture exists and find a way to regulate it using the justice system. As such, he proposes utilizing a judicially sanctioned torture system. Under this judicial guise, torture will procure information from suspects with more advantages than disadvantages. First off, Moher (2004) reports on Professor Alan Dershowitz’s theory who suggests that torture be medically supervised to ensure that the process only causes pain and discomfort but not permanent body damage. Secondly, there will be some form of due process. This is because the suspect’s guilt is subject to the scrutiny of a neutral magistrate. Proofing beyond all reasonable doubt that a suspect has information is part of judicially sanctioned torture. Finally, in case of a fatality, the judicial system has the power to demand an explanation and, therefore, reducing the chances of extreme brutality on the suspects (Hickey, 2012). Moher (2004) argues that judicially sanctioned torture is, therefore, more humane than the current underground system. Moreover, it is imperative to note that his stand on torture is in regard to the ticking bomb scenario. That is the suspect is holding information needed sooner rather than later, and the lack of this information could result in greater damage than torturing would cause. In summary, these arguments call for the use of logic rather than the inclination towards morality and its related emotional entanglements. Utilitarianism in this case is a logical approach (Hickey, 2012). Though most torture methods do not have a scientific basis, their success in obtaining information has proven adequate for the most part (Clarke, 2007). Expert interrogators claim that humans tend to avoid pain and discomfor ...Download file to see next pagesRead More
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