This document summarizes a presentation given by Justine Hinwood and Spencer Reynolds on the topic of torture and the Abu Ghraib prison scandal. The presentation defined torture, discussed the background of Abu Ghraib including the photo scandal, and examined various theories for and against the use of torture as well as current US legislation and stance on torture. It concluded by suggesting that the US avoid using torture as it is damaging, a human rights violation, and gives the country a bad reputation.

1. Justine Hinwood and Spencer Reynolds Project report, including slide show (here), dossier and dialogue (separate download) STS390, “Media, war and peace” Spring session, 2007 Science, Technology & Society University of Wollongong

2. Torture and abu ghraib Prepared by Spenjust Consulting for the OIA Tues 09/10- 11am OUTER

3. Outline Introduction and why we’re here Outline of concept of torture/ interrogation Background on current situation Legislation and US Stance What this has led theorists to say Suggestions from us

4. Introduction- Us SPENJUST Consulting

5. Why are we here today?

6. TORTURE

7. Torture- Definition “ Any act by which severe pain or suffering (physical and mental) is intentionally inflicted upon a person.”

8. Why Torture? Obtain information or a confession Punish Intimidate Incite fear

9. ABU GHRAIB

10. Abu Ghraib Prison Started as a prison for Sadaam Taken over by Americans in 2003 Housed inmates that were problematic or security risks

11. Abu Ghraib Photo Scandal November 2003 Darby Given a CD containing photos January 2004 CD given to CID April 2004 Photos aired on 60 Minutes Major investigation ensued

12. Some examples of the leaked photos

17. Why did this happen? The main reason seems to be inexperienced soldiers “ A general lack of knowledge, implementation, and emphasis of basic legal, regulatory, doctrinal and command requirements” The main reason the world knows about it is Darby Concerned soldiers

18. What was the result? Court case Exceptionally bad publicity Support withdrawn in many detention facilities by groups

19. Current views on Torture Legislation and US Stance

20. Geneva Convention Started in 1864 1949 Provided basic minimal protection - should not be subject to physical or mental torture or cruel or degrading corporal punishment Torture unjustifiable under any circumstance US been a party to this since 1955

21. Violation of other international laws Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment US a signatory The following can not be used to justify torture Exceptional circumstances Order from a superior officer No one can be expelled to another state to be tortured

22. International Covenant on Civil and Political Rights (ICCPR) US ratified it in 1992 Article 7 states ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’ Violation of other international laws

23. Current US stance Signatory to legislation Does this cover terrorists? Repudiation of interrogation techniques to elicit information Adhering to international treatment standards Military Commissions Act

24. Theories on Torture

25. Current theories in torture- against Iacopino Suffer unspeakable pain and degradation Does not make individuals or societies safer Often false confessions, victimising the innocent “ Torture will never serve the interests of justice because it undermines our worth and humanity” Roth International law- torture is never permissible

26. Current theories in torture- PRO Dershowitz Torture is good if done by the right people in the right situations Empower judges to issue ‘torture warrants’ Limit torture to non-lethal means Yoo Constitution grants President unhindered discretion in wartime

27. our suggestions

28. Our suggestions- broad As seen from Abu Ghraib, torture can be VERY damaging to a country Torture is also damaging to individuals and a violation of human rights As US is a signatory to international conventions it should follow those or withdraw from the convention

29. Our Suggestions- OIA Avoid torture Unconstructive Affects involved individuals markedly Is a violation of human rights Gives the US bad reputation Avoid torture warrants Opens pathway for others to copy Where do they stop?

30. SPENJUST Consulting