Why We Should Care About Torture

"Why does the media care So much about torture?"

Jim Johnson, of State of Sunshine.

We should all care about torture. It is an act of violence that is morally unacceptable. The Geneva Conventions make clear torture is illegal.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) Taking of hostages;

(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;

(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

The U.S. Constitution grants Habeas corpus. The U.S. Supreme Court decision Boumediene et al v. Bush allowed detainees to file Habeas corpus petitions. The Eighth Amendment forbids the use of "cruel and unusual punishments inflicted." Torture fits the definition of unconstitutional treatment of prisoners. Boumediene does not give detainees the same rights as American citizens. Conservatives argue it is okay to waterboard detainees because they are foreigners. Xenophobia trumps conducting interrogations that would produce quality intelligence.

The question that should be asked is why conservatives care so little about torture. The evidence is torture interrogations did not produce the intelligence the Bush administration claimed. Conservatives rightfully bash repressive regimes for torturing political prisoners. Why is torture good if the United States does it? Repressive if done by China.

Conservatives use the argument of jihadists beheading prisoners as evidence the Bush administration tactics are justified. Conservatives made the simplistic argument two wrongs make a right. Are we suppose to start beheading detainees because terrorists do? The question is asinine. As is waterboarding Khalid Sheik Mohammed 183 times and expecting new information.

The United States has sent Maher Arar sent to Syria to be tortured. He was released because the CIA mistaked him for someone else. Arar was held and tortured in Syria for ten months. Not only do we torture like repressive regimes - we outsource work to these countries

I hope that answers Jim Johnson's question.

About Those Activist Judges

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Eighth amendment

Conservatives constantly argue that only strict constructionist Justices should serve on the Supreme Court. Republicans argue that the courts are filled with too many activist liberal judges. It is painfully obvious that Justice Antonin Scalia took an activist role in his dissent of the Court's Lawrence et al. v. TEXAS decision. Scalia made the bizarre argument that sexual actitity is not a Constitution right. Scalia supported Texas law enforcement officers continuing to arrest consenting male adults for engaging in anal sex in the privacy of their homes.

Chief Justice John Roberts interpretation of the Eighth amendment shows a deep contempt for the Constitution.

“A slightly or marginally safer alternative” would not suffice, the chief justice said. He added: “Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of ‘objectively intolerable risk of harm’ that qualifies as cruel and unusual” under the Eighth Amendment.

Roberts is creating such a huge loophole to continue executions. I get that Roberts supports the death penalty. That doesn't give him the right to disregard the Eighth amendment.

Justice John Paul Stevens urged for abolishing the death penalty. That is a state policy decision. Governors know the death penalty is popular with constituents. They aren't about to fuck up their re-election chances.

The Eighth amendment protects prisoners from assault from undue assault and torture from law enforcement and guards. Without the amendment, citizens would be at the mercy of their captors. Conservatives believe it is patriotic to toss the Eight amendment and habeas corpus out. Alberto Gonzales went as far as to argue against habeas corpus.



Conservatives lack the courage to come out and say that they could care less if people suffer when they are executed. Instead, they frame their arguments and make weird analogies. Republicans candidates and op-ed columnists use Dred Scott to talk about abortion. Nevermind, that slavery and abortion have little to do with each other. The majority of voters will reject overturning Roe v. Wade. That is why the GOP uses weird talking points.

A political party has activist judges, but it isn't the Democrats.