Shocking The Senses

Gurgle gurgle.

// May 29th, 2009 // Thoughts

Yep, an insensitive title for a controversial topic.

Right now, if you pay attention to the news, there is a raging debate about the moral and lawful validity of using certain methods of torture on individuals for the purpose of gleaning information.  Namely, Waterboarding.  Waterboarding is a method of torture where water is poured over the face when the body is secured to a surface.  The face is usually partially covered.  This causes a gag reflex and the body to kick into an “I’m drowning” mode.

I’d like to explore “pain and suffering” before we touch on Waterboarding specifically.  Lets look at a few facts.

What is torture, Mr. Constitution? Don’t fall asleep while you read this…

Section 2340A, 18 USC defines torture as an “act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control.”

The interesting point is that the Constitution is applicable to U.S. nationals and only within our borders.

How does one quantify severe physical or mental pain or suffering? When I think about my personal experiences in Martial Arts, the reaction to physical pain appears to be subjective.  Exaggeratedly, you can bend some people in half without so much as a yelp, where as others start crying as soon as they see the ceiling.  Are they processing pain, electrical synapses, differently?  In general, I don’t believe so.  They’re perceiving the signals that something is wrong (the primary purpose of pain.  It’s our red flashing light), and reacting according to their personalities (or training, as it were).

Lets look at a few popular known methods of inflicting pain.

The Medieval Rack.  We’re all familiar with its grisly reputation.  Now, this device inflicts real physical damage.  Measurable.  Will you scream?  Likely… but that depends.

The Iron Maiden.  Anyone have a mop?

Drawing and Quartering.  I had a conversation with someone not too long ago about which joint in the leg would dislocate first.  I’m thinking the knees before the hips, I’ll have to look this one up.

These devices are going to trigger all sorts of signals in the brain.  Whether you’ll show it or not is based on your reactive threshold.

Severity of mental pain and suffering is even more subjective.  Men and women are trained in the armed forces every year to resist and even ignore the effects of prolonged exposure to different stimuli.  The SERE Program is a great example of this.  The fact that mental pain and suffering damages paid are determined by a Judge in the U.S. legal system is another example of how immeasurable it can be.

So we have Waterboarding.  Torture?  Going by the Constitutional definition of torture and if pain is subjectively experienced, it could absolutely be considered torture.

In using this method to interrogate terrorists, is it “morally reprehensible?”  Again, subjective.  Are your morals defined by your society, your religion or within your own mind?  Personally, my answer is if it’s used for a prolonged period of time, perhaps. (How long?  See document exerpt below, sounds about right).

Maybe it’s necessary.  I think that something is.

So, the debate will rage on.  My opinion stands that this is absolutely an acceptable method of interrogation as it is currently applied, as long as we follow the rules we set for ourselves (again, see the memo to the CIA below).  Look at the three other options for interrogation listed above!  I say this while remembering but setting aside the “who” and the massive scale that the people being interrogated planned on inflicting terror upon the free world. (Which warrants a special type of treatment too ^_^)

Below is the an interseting exerpt from a document drafted as a response to a CIA request.  The request was, in a nutshell, to have the amendment above outlined, defining what qualifies as severe physical or mental pain.

From a memo, Jay Bybee. (Link fixed now) Don’t slam me too hard for referencing this one =p  I know it got a lot of criticism.

“…Finally, you would like to use a technique called the “water-board.” In this procedure, the
individual is bound securely loan inclined bench, Which is approXimately four feet by seven feet.
The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water
is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it
covers both the nose and mouth. Once the cloth is saturated and completely covers tbe mouth
and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This
causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon
dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the
perception of”suffocation and incipient panic,” i.e.,the perception of drowning. the individual
does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously
applied from a height of twelve to twenty-four inches. After this period, the cloth is lifted, and
the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of
drowning is immediately relieved by the removal of the cloth. The procedure may then be
repeated. The water is usually applied from a canteen cup or small watering can with a spout.
You have orally informed us that this procedure triggers an automatic physiological sensation of
drowning that the individual cannot control even though he may be aware that he is in fact not
drowning. You have also orally informed. us that it is likely that this procedure would not last
more than 20 minutes in any one application.
We also understand that a medical expert with SERE experience will be present
throughout this phase and that the procedures will be stopped if deemed medically necessary to
prevent severe mental or physical harm to Zubaydah. As mentioned above, Zubdayah suffered
an injury during his capture. You have informed us that steps will be taken to ensure that this
injury is not in any way exacerbated by the use of these methOds and that adequate medical
attention will be given to ensure that it will heal properly.”

The last few sentences show me that we have arguably more conscience in hand than perhaps these people deserve.