The Torture Debate: The Missing Voices

[babylonsister]

The Torture Debate: The Missing Voices

Published: May 6, 2009


Last month’s release of memos prepared by the Bush Justice Department and the disclosure of a report by the International Committee of the Red Cross on the brutal treatment of detainees expanded public knowledge of an ignominious chapter in the nation’s history.

But these and other related disclosures do not provide a complete record of the government’s abuse of detainees. One missing element is the words of those prisoners subjected to waterboarding and other brutality.

Those voices remain muffled by a combination of Bush-era resistance to a reasonable Freedom of Information Act request by the American Civil Liberties Union, and the gag order imposed on lawyers representing Guantánamo detainees. Attorney General Eric Holder needs to promptly repudiate both.

For two years, the A.C.L.U. has been seeking complete transcripts of the hearings at Guantánamo for 14 men who were previously in C.I.A. custody, including Abu Zubaydah, who has been described as an operative of Al Qaeda and was waterboarded at least 83 times. But the publicly released version of these transcripts deleted all detainee statements about their ordeals.

The A.C.L.U. is appealing an ill-considered ruling by a federal trial judge in the District of Columbia, who refused to review the sought-after material before blindly upholding the bogus Bush administration claim that disclosure would damage national security.

Rather than simply adopt the Bush stand, the Justice Department has obtained a filing extension and is weighing what to do. Plainly, the right thing to do is to release the transcripts with the redacted portions filled in. The Bush team’s national security claim always had the odor of a cover-up. The interrogation program it was protecting has been discontinued, and crucial details are known. It is unsupportable to blank out grim details.

The same considerations apply to the protective order that prohibits lawyers for Guantánamo detainees from speaking publicly about their clients’ treatment unless they receive the government’s permission or the information otherwise becomes public. Disclosure of the torture memos and the Red Cross report gives detainee lawyers more leeway, but they should not have to parse their words under a threat of prosecution.

more...

http://www.nytimes.com/2009/05/07/opinion/07thu1.html?_r=1&hpw