The Army and Torture: What the Rule Book Says

[struggle4progress]

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The scandal could have been avoided by adhering to the old rules as they are laid down by FM 34-52, the 1992 field manual that serves as the basic primer for students and instructors at Fort Huachuca and that outlines the army's doctrine for conducting interrogations. The field manual makes all the right arguments about why mental and physical torture are illegal, morally wrong and counterproductive. It expressly forbids beatings or forcing an individual to sit, stand or kneel in an abnormal position for prolonged periods or tying prisoners up as a form of punishment. Threats, insults or inhumane treatment are not allowed.

The field manual makes several arguments against torture. First, torture is an unreliable technique since a prisoner will say anything to end his suffering. Second, it will undermine public and foreign support for the U.S. military efforts. Third, it will increase the risk that captured American and allied personnel will be abused. Lastly, it is against the Geneva conventions and U.S. policy.

Psychological ploys, verbal trickery and nonviolent ruses are allowed. The field manual offers a common-sense test for determining if interrogators have crossed the line: Imagine that a technique was being applied to American prisoners of war and ask yourself if it would be consistent with U.S. law. "If a doubt still remains as to the legality of a proposed actions, seek a legal opinion from your servicing judge advocate," it instructs.
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Another factor investigators need to assess is whether the responsibility needs to be shared by senior military commanders, who have been under tremendous pressure to obtain intelligence about an increasingly threatening insurgency. And what of the signals sent by the nation's civilian leaders? It is jarring, for example, that Justice Department lawyers seem to have taken a more tolerant attitude toward torture than the drafters of Army Field Manual 34-52. An August 2002 memo prepared by the Justice Department's Office of Legal Counsel for the White House essentially argued that some degree of physical and mental torture could be acceptable.
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http://www.nytimes.com/2004/06/20/international/worldspecial3/20DISPATCHES.html?pagewanted=2

[number6]

1. the Bu$h crime family follows no rule book ....

FM 34-52, the 1992 field manual that serves as the basic primer for students and instructors at Fort Huachuca