To truly end torture we must do more.
President Obama did the right thing in signing orders to close the detention facility at Guantanamo Bay and end the use of secret CIA prisons. But if we do not establish a truth commission (or some other investigative body) to examine the United States’ use of torture, the mistakes of Abu Ghraib, Guantanamo and elsewhere will continue to haunt us.
A 9/11 style, non-partisan truth commission will take a critical step towards effectively banning torture for good by establishing a comprehensive record of what went wrong and the true costs of previous policy.
To date, the United States has not conducted a full investigation into the use of torture by U.S. forces and security agencies. No one has stepped back to try and see the full picture, and to calculate the losses–in moral authority and American lives–of our national detour to the dark side.
Investigations have been conducted within agencies, rather than across them. Many have been hampered by a lack of authority and a lack of credibility. If we are truly going to fix this problem, we first need to have a full understanding of what went wrong.
If the commission were able to do its work effectively, and present its findings publicly, it could effectively end the debate over the use of torture in this country. With Human Rights First, I have started a group on Facebook to show support for creating a truth commission to investigate torture. Please join.
Right now the country is divided over the use of abusive interrogation techniques. Support for torture lingers. And some believe, as former Vice President Dick Cheney recently warned, that a future terror attack on America will be President Obama’s "responsibility" because he took action to end some of President Bush’s detention and interrogation policies.
One of the questions the commission would have to explore is: did torture work? Former CIA director Michael Hayden says that water-boarding and other forms of torture caused detainees to reveal critical secrets.
I do not believe that the use of these techniques was necessary or effective. I have come face-to-face in the interrogation booth with insurgents and Al Qaeda operatives. It is possible to make almost all of them talk using techniques that are lawful.
When I served as an interrogator, I did not mistreat detainees. For me, this was an issue of efficacy as well as morality. Everything I know tells me that torture is much more of a destructive technique than a useful "tool."
I am aware of too many cases where torture – or abuse – backfired. Just to cite one: a previously cooperative and truthful detainee named Al-Libi was taken by the CIA to be tortured in Egypt. Under duress he claimed that there was a connection between Al Qaeda and Saddam Hussein. This information was rushed to Secretary Colin Powell who used it in his speech to the United Nations as a justification to go to war with Iraq. Al-Libi later recanted, and all of his information – both when he was cooperative and later when he was tortured – were deemed tainted. It was determined that he made up the connection in order to make the torture stop.
I believe a thorough review of the cases where detainees were water-boarded or otherwise abused for intelligence purposes is warranted. I suspect we will find the evidence that they provided is of no more value than the evidence provided by Al-Libi or that the evidence could have been collected in a more humane, less destructive fashion.
In determining how "effective" torture may have been, the commission will have to also consider the strategic consequences of employing techniques that are, to quote Senator John McCain, "un-American." It ought to be possible to conduct a sophisticated cost-benefit analysis that examines the unintended consequences related to our actions. We know, for example, that Abu Ghraib was a boon to Al Qaeda recruiting. How much does the use of these "tools" undermine our efforts?
In order for this commission to be successful it must be made up of members with unimpeachable integrity who do not have a point to prove. It also must be armed with subpoena power. This commission must have the power — and the political will — to follow this story wherever it goes.
This is too important to leave half-finished. Though the President has taken action that will make us safer, questions linger that need to be answered.
Our country’s greatness is supported by our willingness to take a serious and thorough look at our mistakes. While it may be unpleasant, not doing so would compound the error, and increase the chances that it will be repeated. If we do not take action the public debate over the use of these techniques will continue to surface. Our allies and our enemies will see us as a hypocritical nation that only lives up to its ideals when it is convenient. And future generations will look back and wonder why we looked the mistakes of the past square in the eye and blinked.
Torin Nelson is the President of the Society for Professional Human Intelligence. He is a sixteen-year veteran interrogator and Human Intelligence specialist. Among other locations he has served at Guantanamo Bay, Abu Ghraib and the Bagram Air Base in Afghanistan.



24 Comments




Thanks for helping debunk the myth that a zero-tolerance policy on torture will hamper interrogators like yourself. Bravo.
Thanks for this excellent diary.
May I ask why you suggest this rather than Federal indictments?
Thank you so much.
Digg is open.
Thank you for your efforts on this behalf. However, when you say:
I agree in part, but I think that there is much more to be done than just an investigation. If there are no consequences for those who put the policy in place, then they are free to continue these horrid abuses. By torturing, they already have proven that they are morally depraved. Only punishment will make them stop. Significant jail time must be the minimum for folks like Bush, Cheney, Rumsfeld, Addington, Yoo and the others who put this program in place.
Well, at least Obama has decided that it’s depressing, defending America’s right to be a state sponsor of torture:
http://www.independent.co.uk/s…..05931.html
Oh wait – sorry, that’s Obama being depressed over the A-Rods steroid admissions. Apparently Obama thinks A-Rod and baseball should have just “looked forward” and never bothered to fess up to prior abuse.
I am all for a Truth Commission, however, I do hope it is far more effective than the 9-11 commission. That was somewhat of a joke.
Dugg
Only traitors torture.
The country is not divided over what the law of the land is-tough, no torture period. 30 % of deadenders don’t count as being a divided country, there will always be the lawless.
The number of persons, human beings, not covered by Geneva is …ZERO
We will not understand anymore than we do now, by studing torture, what the limits are. Bush and his cohorts took us over the line and only criminal prosecution will do for me, thank you.
Jokes are funny ha-ha. The 911 commission was a coverup.
I’m with tjbs. We need criminal investigation and prosecution, and we have both executive-branch agencies and a judiciary branch perfectly capable of handling these without the creation of any new entity.
And we must prosecute. History shows that when you let government get away with something bad, it comes back again and does it worse.
WARREN COMMISSION= 9/11 COMMISSION
But torture is a State Secret. Or something.
I agree with JimWhite. Accountability requires that there be consequences. I think a “truth commission” is premature. First, a special prosecutor is needed to investigate and, where appropriate, prosecute those who authorized and those who committed torture. We are talking, after all, about War Crimes, for pete’s sake.
Once all legal remedies have been exhausted, then a Truth Commission is appropriate to deal with questions such as does torture “work,” etc. in order to put to rest the Jack Bauer mythology that is so popular. If we do the Truth Commission thing too soon, we risk losing any chance to prosecute those who broke the law. Don’t forget what happened with Ollie North:
A Truth Commission runs the risk of creating a whole squadron of Ollie Norths, who committed war crimes, but who will never be held accountable for their actions.
Bob in HI
15 – I think you are absolutely right on the squadron of Ollie Norths. I also think that there is no way that any commission will be put together that is not heavily stacked with right wing propagandists, constantly using their bully pulpit to back torture and tell the nation that Jack Bauer needs us to become a state sponsor of torture!
And that will be more damaging than anything else that might come of a commission imo.
I have no polite way of putting this. To even be suggesting “Truth Commission” is a gross detour from the only avenue that should apply: Investigation and then, if necessary, prosecution. We’re talking about horrendous crimes that we know have been and continue to be committed. Talking about a “Truth Commission” is akin to talking about putting someone like Jeffrey Dahmer into a work release program so long as he agrees to attend Cannibalholics meetings.
I think a Church Commission could work, IF IF IF it were clearly expressed and STRESSED in it’s mandate, that it was empowered to refer cases for prosecution.
If you rely SOLELY on criminal prosecution you will NEVER get the full story because some cases are no longer prosecutable because the statute of limitations has run out.
So, all those who’s crimes were ealry in the admin–like soon after 9/11, will never even be brought to light.
There is no one size fits all remedy here. Some of these cases will require administrative prosecution rather than crimainl prosecution –because the burden of proof is lower.
At least one case will require impeachment even though the offendoer is out of office.
We need a whole toolbox to deal with these monsters who have committed such depravities in our name.
Point taken, Looseheadprop, but I’ve been hearing this push for Truth Commission like a steam roller for ‘take what you can get’. A ‘think small’ or not at all kind of buffalo jargon. What you are explaining and proposing is different than that. What Leahy (and perhaps Torin Nelson, I don’t know) seem to be proposing or, in the case of Leahy, pretending to go to the mat for, just sounds like a cop-out. A way to keep the criminal investigations from never happening or even being talked about any longer.
What LHP said.
Bob in HI
A truth commission is a process usually used by an emerging nation that does not have the benefit of an established rule of law and a functioning judiciary.
That is not the case here.
A 9/11 commission is yet another way to do nothing (see Church Commission, Warren Commission et al for other precedents)
The fact is that the law REQUIRES investigation and prosecution. There is no other legal option. A truth commission or some other little investigation with no teeth and no mandate for prosecution risks the Obama Administration, and indeed, the entire country becoming complicit in acknowledged and well-known war crimes committed by the Bush Administration.
The laws in this instance are very clear – both nationally and internationally. The international laws are ones that WE HELPED WRITE! and have prosecuted individuals from other countries as well as our own soldiers for these offenses in the past.
NO deal on the truth commission or any other kind of just a looky-see. We need a full, criminal investigation and prosecution of the perpetrators – from the top down. Nothing else will do. Period.
I was not aware that there was any statute of limitations on war crimes. After all – we are still chasing down Nazis for prosecution – 60+ years after the fact…
Good. I can return to my vehement distaste for the very idea of a “Truth Commission” of any sort. Bring on the investigations, followed by, if warranted, the prosecutions.
My view of these commissions is that they seldom work. The 9/11 commission was hampered by not having access to all the facts, but there’s a more general problem that nearly all have. They’re usually made up of people who are politicians, not subject matter experts. That was true of the 9/11 commission and the Challenger commission. They tend to be shows where experts and other people involved are brought to testify.
A good account of what’s wrong with them is available in Prof. Richard Feynman’s memoirs on the Challenger commission. While the rest of the commission was sitting in a chamber listening to expert testimony, Dr. Feynman was at the various NASA plants and facilities talking to the scientists, engineers, and technicians who built and maintained the Challenger. His appendix to the main report is the only part that had any useful information in it.
“Truth commissions” tend to be theatre put on for some purpose other than finding the truth. They can be as intimidating to witnesses as a court procedure, but they don’t have the intellectual rigor of an adversarial court proceeding. If you want to know the truth, commission studies by experts on the subject. Let them visit with and talk to the people involved on their turf, and publish their reports so they can be reviewed and challenged by other experts. “Truth commissions” seem to be good for little besides engendering conspiracy theories.
As entertaining as the thought of another generation of chuckleheads spinning another round of wacky conspiracy theories may be, I think rigorous investigations would do more good for the country.