If You Can Get Over It, Is It Torture?

In the Bush torture memos, Dahlia Lithwick sees a pattern. After an incident, if the prisoner is given an opportunity to recover, or is not permanently injured, it isn’t torture:

Laced like cynical poison through the four newly released Justice Department torture memos is the logic of quick healing: Eleven days of sleep deprivation is not illegal torture so long as the prisoner gets to sleep it off later. Writes then-Assistant Attorney General Jay Bybee: “The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep.” In that same memo we learn that water-boarding is also not illegal torture because the simulated drowning lasts only 20 to 40 seconds, and thus, “the waterboard is simply a controlled acute episode, lacking the connotation of a protracted period of time generally given to suffering.” By the same token, “walling” (i.e., slamming someone into a wall) isn’t torture either because “the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash.”

About Santi Tafarella

I teach writing and literature at Antelope Valley College in California.
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