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Torture

Waterboarding is torture and America does not condone torture.--Knappenberger, E.M. (SPC-R) (talk) 15:04, 7 December 2007 (UTC)[reply]

It is not even open to debate as to whether waterboarding is torture; IT IS TORTURE. The correct method, according to the offical US ARMY training film, is the full restraint of the prisoner, lying face up, flat on a board and blindfolded, with a towel twisted into a point, and shoved in the mouth and down the throat far enough to block movement of the epigloittus. The whole point of this is to keep the prisoner from swallowing, or breathing, and to keep the windpipe open-causing horrible reflexive gagging and choking. As the torturers pour water over the prisoners face, and onto the towel, the towel soon becomes saturated and begins to fill the mouth and dribble water directly into the lungs-with no possibility of swallowing. If that fails to work, plastic wrap is tightly wrapped around the head, a hole is poked open for the mouth, the nose and head are held firmly, and a small hose of running water is directed into the mouth-the mouth stays full, and thus breathing is impossible-until one has to reflexively take a breath-which pulls water into the lungs. I would invite anyone who says it is NOT torture to volunteer for a session-if they have the guts-and to tell your captors NOT to stand down if you cry "ENOUGH!" -for THAT is what a prisoner experiences, So these "tryout" water boarding sessions are a sham-the volunteer can opt out at any time- the prisoner cannot. Watching one twist and try to scream in pure agony is sickening. Which is why I would invite those who trivialize it to try a session-and to make it real by not allowing yourself the chance to 'opt out'-no 'safe words' or signs. I think you would change your mind pretty quickly.

'We dont torture-were a civilized nation'-Au Pairs 1986

—Preceding unsigned comment added by 75.172.69.62 (talk) 20:56, 10 December 2007 (UTC)[reply]

Waterboarding is internationally understood to be a form of torture and has been verifiably practiced as long ago as the Spanish Inquisition. —Preceding unsigned comment added by 138.26.140.137 (talk) 23:41, 11 December 2007 (UTC)[reply]

The second paragraphs mention experts that say it is torture. By any chance, has anyone found references to experts who say waterboarding is not torture? Is that paragraph presenting just one side of the issue, or is there only one nature of expert opinion about it?ThreeWikiteers (talk) 02:12, 12 December 2007 (UTC)[reply]

Saying something is not open to debate does not make it so. Reputable media outlets do not make such unequivocal statements on it, so why should a Wikipedia page be turned into a because-I-say-so lecture? Simply describing the procedure and its effects and stating that many experts describe it as torture, all of which is done in this article, should be sufficient to cover the topic in a Wikipedia article. Besides, anyone committed to convincing others that this is torture should recognize that a reader will be more open to looking at the rest of the article if the article does not start out with "Waterboarding is a torture technique". Even an ideologue should be able to recognize that there are those who will simply stop reading the article at that point. Just telling people what to think doesn't solve anything. Make the case. And this article would accomplish that simply by citing experts and those who have experienced it. Funfb (talk) 04:32, 12 December 2007 (UTC)[reply]

  • Comment - This is a very interesting opinion. However, by definition waterboarding is torture, and has been acknowledged as such for hundreds of years (since the Spanish Inquisition, who made it famous), by everyone. It seems clear that the "crisis of language" regarding the term and its definition was engineered by the current U.S. administration simply because they would rather redefine the term than either stop practicing waterboarding or admitting that the U.S. has become a nation of torturers (like Japan, Cambodia, and other nations who formerly practiced waterboarding against prisoners routinely). The Washington Post states that the U.S. military considers waterboarding torture, and it has courtmartialed its own solders for perpetrating it. If you'd like to try to redefine torture, you should try to change the title of Rack (torture)--to have such a title, using your logic, would only turn Wikipedia into a "because-I-say-so lecture." Badagnani (talk) 04:39, 12 December 2007 (UTC)[reply]

SIMULATES drowning?

If water is being forced down the torturee's lungs, I would argue the torturer is trying to induce drowning. Drowning does not need to happen underwater . 144.92.23.231 (talk) 17:49, 28 November 2007 (UTC)[reply]

Oh really? Has it been done to you that you are so sure mr. randy? Silly goose. Sprinklestardust (talk) 08:10, 9 December 2007 (UTC)SprinkleStarDust[reply]

That's a big "if". Don't trust any of the anti-American spin. It's doubtful that any water actually enters the lungs.
-- Randy2063 (talk) 17:55, 28 November 2007 (UTC)[reply]
What is "anti-American" about a description of waterboarding? The procedure is not solely associated with the U. S. It's not clear what you're trying to say -- are you saying (a) waterboarding in general does not involve water entering the lungs (historical evidence suggests it does), or (b) what American interrogators have done recently is different from waterboarding in that water doesn't enter the lungs even though they call it "waterboarding"? Or something else? —Ka-Ping Yee (talk) 18:18, 28 November 2007 (UTC)[reply]
Someone with considerable experience rebutted a few of Nance's comments nicely, and he says no one gets water in the lungs. He also points out that most drowning victims don't get water in their lungs even after they're dead.
And yes, there is a propensity for these articles to be anti-American. Just look around.
Let's pretend for the moment that he's wrong and that water does go into the lungs when the military trains its personnel to experience waterboarding. Who says the CIA does it the same way? Why do the anti-American assumptions always become the default position?
-- Randy2063 (talk) 18:48, 28 November 2007 (UTC)[reply]
Let me try and clarify the issue here. Are you claiming water doesn't enter the lungs (e.g. because you believe this would kill the person) or water doesn't enter the throat (i.e. the face is covered to keep water out)? And are you saying this about the definition of waterboarding as practiced in history, or are you saying this about the procedure that American interrogators call "waterboarding" that they have carried out on prisoners? —Ka-Ping Yee (talk) 11:02, 29 November 2007 (UTC)[reply]
I'm saying water doesn't enter the lungs using any method of waterboarding. The Captain's Quarters post I linked says it wouldn't happen. I recognize that it's not a valid source but it's a top tier notable blog, and there aren't that many authoratative sources on this anyway.
The Waterboarding.org site seems to concur, although it's not a valid source either. Both of these sources could be wrong but it appears less likely.
I'm also saying that water does enter the throat with the techniques that are known to us. The problem with this is that we don't really know if this happens when the CIA does it. You all seem to be assuming that they use the same technique. While that may be somewhat likely, is is by no means certain. Perhaps it took over two minutes to break KSM because they had to develop a new method their lawyers could approve. The only thing we really know is that if they did develop such a method, they wouldn't post it on Wikipedia.
-- Randy2063 (talk) 15:43, 29 November 2007 (UTC)[reply]
Okay. So would you accept an article with statements along these lines?
  • Our best information about the practice of waterboarding, as used in history and various places in the world, is that water is introduced into the breathing passages of the prisoner.
  • We don't know whether water enters the lungs. (Perhaps we can investigate further how much risk of death this actually poses. "Pint after pint" is probably an exaggeration since it would drown a person, but it's possible that a small amount of water enters the lungs.)
  • We don't know exactly what procedure the CIA has used. However we do know that officials have called it "waterboarding".
I would be in agreement with these points.
Ka-Ping Yee (talk) 01:11, 30 November 2007 (UTC)[reply]
They sound like true statements to me except that I think we could get rid of the part about water entering the lungs. The ex-SEAL in the CQ post is pretty emphatic about it not happening, and waterboarding.org concurs on that. I'm inclined to think the sources that say it does may simply have confused the lungs with the sinuses. That seems like an easy error to make.
Maybe we should list those sources and see how technical their descriptions were intended to be.
-- Randy2063 (talk) 06:31, 30 November 2007 (UTC)[reply]
  • Comment - The sources we've considered say some water enters the lungs, as well as that prisoners have died from undergoing the procedure. Regarding asking the editor's permission to place such sourced text into the article, no matter what the sources say, this editor will most likely continue to insist that these things can't possibly be true (and that, if they were true, the CIA couldn't, wouldn't, and shouldn't divulge them, because it might compromise their mission if they chose to use the technique at some later date). And why is it ignored that the water also enters the head through the nose? (the body is inclined so that the water flows into the nose). Badagnani (talk) 01:44, 30 November 2007 (UTC)[reply]
If you think it relevant that prisoners have died then you might also think it relevant that none have died when the CIA does it.
-- Randy2063 (talk) 06:31, 30 November 2007 (UTC)[reply]
What??? The CIA practises waterboarding? That's completely inhumane! Whoever endorsed that should be tried for human rights violations! Fuzzypeg 01:17, 4 December 2007 (UTC)[reply]
  • Comment - I don't believe the CIA always divulges accurate or complete information about its activities (a practice for which you have stated your support). It would be most appropriate, thus, if you would qualify your statement by saying "the CIA claims..." Their secret prisons, for example, have still not been made public. Thus, any claims they make would likely be an example of PR more than full, transparent disclosure of their activities in this regard. Badagnani (talk) 06:41, 30 November 2007 (UTC)[reply]
Sure, but let's be more precise than that. It's not usually the CIA itself that's claiming anything. Virtually everything of what we think we know about CIA interrogation practices has been through unofficial leaks. KSM hasn't done any interviews since his capture. If we really follow your line of thinking, it becomes thinkable that these stories of waterboarding may be a disinformation campaign to 1) force al-Qaeda to abandon any plans KSM would know about; and 2) appeal to GOP voters.
It must also be acknowledged that the prominent critics, like Amnesty, are either highly partisan or they derive their income through fundraising campaigns that rely heavily on stories like these to magnify the sense of outrage, and thus, to maximize their income. They have a huge self-interest here. Do not ever assume that people who claim to care about human rights actually do.
-- Randy2063 15:07, 30 November 2007 (UTC)[reply]
'Anti-American' or not doesn't even come into play here. My propensity is to not trust the account from Captain's Quarters Blog - largely because my trust in the military in general is rather dubious, but, for a moment, let us look at the methods generally used by both the US and other regimes which have used waterboarding:

ABC News '6. Water Boarding: The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner's face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.'

However, cellophane is not always used. Waterboarding.org, a neutral site, says this -

Restrain the interrogation subject on a board. Incline the board about 15-20 degrees so that the feet are above the head. Optionally, put a damp cloth over the face to keep the water clinging to the face (Khmer Rouge technique), or put plastic wrap over the mouth but not the eyes or nose to prevent water from escaping the throat and sinuses (CIA technique).

Pour water onto the inclined face so that the water runs into the upturned mouth and nose. The water stays in the head, filling the throat, mouth, and sinuses with water. The lungs don't fill up with water so your prisoner doesn't asphyxiate, but they *do* feel their entire upper respiratory system from sinuses to trachea filled with water, "simulating drowning". You're drowning your subject from the inside, filling their head and neck. The lungs stay out of the water, keeping oxygen in the blood and prolonging the glubbing. "His sufferings must be that of a man who is drowning, but cannot drown."

Key points:

* Keep the chest elevated above the head and neck to keep the lungs "above the waterline". * Incline the head, both to keep the throat open and to present the nostrils for easier filling. * Force the mouth open so that water can be poured into both the nose and mouth.

Saran wrap, damp cloth, or any facial covering is not essential, but sometimes used as a bonus multiplier. If someone coughs to try to blow the water out of their throat or mouth the plastic catches the water and keeps it in. The cloth or plastic also acts as a one-way valve, opening to let more air out and then closing again to prevent inhalation. Eventually you end up with collapsed, empty lungs, no ability to inhale more air, a throat, mouth, and nose that's still full of water, and no capacity to get the water out since you're already fully exhaled. "CIA officers who subjected themselves to the water boarding technique lasted an average of 14 seconds before caving in." (In practice, "14 seconds" is roughly the amount of time one can exhale slowly through the upturned nose. This keep the water out, temporarily. When your breath runs out the water starts flowing in.)

There are a lot of variables to play with: the angle of the board, the volume of the water, the pressure of the plastic wrap, how much inhalation to allow, and where to keep your prisoner on the line between "waterlogged wheezing" and "deep gurgling". There's an asphyxiation hazard, but modern interrogators have doctors on hand with blood oxygen monitors to make sure their subject stays oxygenated enough to remain conscious. If the prisoner begins to asphyxiate to the point of unconsciousness the doctors have five to six minutes to resuscitate your prisoner before brain damage occurs, which is more than enough time especially with the equipment prepped.

It's possible to kill someone this way if you're not careful, but the point of coercive methods isn't to kill you, it's to keep you on the agonizing border between life and death. Tortures produce the most intense suffering when they cut, shock, burn, or otherwise abuse their prisoner without him losing consciousness. Doctors are present to prolong the torture and maximize suffering. They know the blood oxygen level which allows maximum consciousness and maximum panic, and advise the interrogators how to adjust their techniques to keep their subject in the "sweet spot".

Inhaled liquid is an immediate, life-threatening situation. It'll kill you faster than third degree burns, faster than a lost eye or a lost limb. If you've ever inhaled water you know that even the smallest amount of liquid in the larynx and trachea is an immediate, hardwired hotline directly to the panic portion of the brain that death is imminent. Survivors of near-drowning experiences report that the sensation of water flooding down the larynx and trachea as they struggle to breathe is the most terrifying aspect of the experience. Waterboarding does not "simulate" this experience, it re-creates this experience.

so no, it is not drowning, but it is suffocation via liquid in the airway. —Preceding unsigned comment added by 144.92.228.37 (talk) 01:05, 29 November 2007 (UTC)[reply]

Of course you must trust the military to some extent. Most of the valid information on U.S. treatment of detainees originates from someone affiliated with either the military or the CIA. Most of whatever B.S. remains comes from statements from the fascists that they've released, none of whom had been waterboarded. Besides that, the site you cited doesn't disagree with the one I linked. As you quoted, the lungs don't fill with water.
I didn't say you needed to trust that site anyway. I'm just showing you another view.
And of course this is driven by anti-Americanism. Just follow the edit histories of these articles and look at how they started out.
The first mention of the U.S. was added within two edits of its creation. It was incorrect, of course, as the editor who added that believed they waterboarded people at GTMO. (I don't think anyone responsible or semi-responsible ever made that claim.)
Track the edit histories further and you'll see that this one was later merged from a parallel article called water boarding. That one took seven edits from its start to mention the U.S. Naturally, that editor had incorrectly believed it was used at Abu Ghraib. (No one semi-responsible ever made that claim either.) So, we had two stubs on waterboarding, and they both screwed up their facts.
And of course, if you look at the edit history for torture, you'll see that it took them only five edits to mention the U.S. (They also put "scare quotes" around "war on terror", which is pretty funny in itself.)
--Randy2063 (talk) 04:16, 29 November 2007 (UTC)[reply]

This is all so pointless. Stop reading journalism and cite laws and the Geneva Convention for a more believable source. Waterboarding was illegal til recently, why not look at why it originally was? Also look at what people who have been waterboarded say. There is no point in arguing whether it is ok or not. Simply put what it IS and what the controversy surrounding it deals with. Thanks.--Wick3dd (talk) 00:58, 10 December 2007 (UTC)[reply]

I found an article interviewing CIA trainees, I am not sure if you all have used it or not. Basically, I am not trying to say one thing or another, I just want this edit warring to be done.http://www.theweekdaily.com/news_opinion/briefing/28686/briefing_drowning_on_dry_land.html --Wick3dd (talk) 01:04, 10 December 2007 (UTC)[reply]

Rightwing spokesmen like James Taranto of the Wall Street Journal are pushing the meme that waterboarding "only simulates drowning." A quick check of the online version of the Meriam-Webster dictionary includes this definition for drowning: to suffocate by submersion especially in water (http://www.merriam-webster.com/dictionary/drowning). The same source defines "suffocate" as: "to make uncomfortable by want of fresh air." It is not necessary for a drowning experiences to end in a fatality. As seen in this discussion the claim of "simulation" may also be based on the mistaken belief that drowning only occurs when someone, unable to hold their breath any longer, succumbs to the demands of the breathing reflex and attempts to take water into their lungs. This is actually very difficult to accomplish. Due to a respiratory reflex called laryngospasm (which works for the conscious as well as the unconscious victim) it is not uncommon to discover, during autopsy, that a drowning fatality, pulled quickly enough from the water, has little more than a teaspoon or two of water in his or her lungs. See especially the wikipedia article on drowning. There is nothing simulated about the experience of suffocation by immersion in water (i.e. drowning as defined by Merriam-Webster) during waterboarding. Suggest that we change the sentence to say "Waterboarding is an interrogation technique that uses controlled suffocation to gain the cooperation of the interviewee" GageParker (talk) 01:41, 12 December 2007 (UTC)[reply]

Some observations (from entities & people we can use) - Sources Discussion

Let's try a methodical approach instead of this rolling row. The opinion of a wiki editor either way is not what counts here at all. These do.

  • Please try to preserve formatting and hierarchical structure when you comment or add additional sources (DoJ) etc, so we can individually comment on them and not make one big mess. Inertia Tensor 08:59, 8 November 2007 (UTC)[reply]
  • We have a serious disagreement we need to resolve methodically, as all other attempts have failed. IS WATERBOARDING TORTURE?.
  • Some say yes, and that no one says otherwise
  • Some say yes, and that the one (or more?) that says otherwise is afflicted by NPOV:Undue weight (can a torturer say it is not torture and carry substantial weight)
  • Some say no, or maybe not, and that tht it is controversial as there are good sources on both sides, so we can't just state Waterboarding is Torture.

Please restrict this to authoritative sources, and discussion of their authority or not, undue weight or not etc. We have to try a new approach. Inertia Tensor 09:15, 8 November 2007 (UTC)[reply]

100 U.S. law professors

  • In April 2006, in a letter to Attorney General Alberto Gonzalez., more than 100 U.S. law professors stated unequivocally that waterboarding is torture, and is a criminal felony punishable under the U.S. federal criminal code.
START COMMENT HERE

Most likely liberal democratic activists who find fault with this administration whenever possible. —Preceding unsigned comment added by 70.160.240.42 (talk) 03:18, 12 December 2007 (UTC)[reply]

John McCain

  • According to Republican United States Senator John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal." - Torture's Terrible Toll, Newsweek, November 21, 2005. [1]


Lindsey Graham

  • Republican Senator Lindsey Graham of South Carolina, a member of the Judiciary Committee and a Colonel in the US Air Force Reserves, said "I am convinced as an individual senator, as a military lawyer for 25 years, that waterboarding ... does violate the Geneva Convention, does violate our war crimes statute, and is clearly illegal." [1] --agr 11:20, 8 November 2007 (UTC)[reply]
Another great supporting source, thanks agr. Inertia Tensor 04:26, 14 November 2007 (UTC)[reply]

CIA Tunisia Report

  • In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognizes "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record, U.S. Department of State (2005). "Tunisia". Country Reports on Human Rights Practices. {{cite journal}}: Cite has empty unknown parameter: |month= (help)
This is not strictly speaking waterboarding, but is the much milder dunking. Inertia Tensor 08:59, 8 November 2007 (UTC)[reply]
CONTINUE COMMENT HERE

Ghost Plane: The True Story of the CIA Torture Program.

  • A former senior official in the directorate of operations is quoted (in full) as saying: "Of course it was torture. Try it and you'll see." Another "former higher-up in the directorate of operations" said "Yes, it's torture". At pp. 225-26, in Stephen Grey (2006). Ghost Plane: The True Story of the CIA Torture Program. New York City: St. Martin's Press.
START COMMENT HERE

Chapter 18 United States Code, section 2340

The following discussion is closed. Please do not modify it. Subsequent comments should be made in a new section.
On two counts in plain English.
(1) “torture” means 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 Inertia Tensor 09:06, 8 November 2007 (UTC)[reply]
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from— (C) the threat of imminent death Inertia Tensor 09:06, 8 November 2007 (UTC)[reply]
Er, no. 18 USC 2340 does NOT say that "waterboarding is torture." The DOJ relied on this statute for its own analysis, and came to the opposite position. Asserting that waterboarding meets the definition in this statute is bald assertion on your part, begging the question once again, and OR in any event. Since this statute is the basis of DOJ opinion on the issue, we could just as easily say that it supports the DOJ's position rather than yours. 220.255.112.159 09:20, 8 November 2007 (UTC)[reply]
We have no idea what the DOJ relied on. The opinion is secret. --11:12, 8 November 2007 (UTC) —Preceding unsigned comment added by ArnoldReinhold (talkcontribs)
Nor does is say Kalpoirygagola is Torture. Now if I pull out all your nails in a unique way, with say shears, and describe this new method as Kalpoirygagola, is that not torture because it does not literally say Kalpoirygagola is torture? I think we have to apply a bit common sense here, and Wiki allows that - simple common sense reading is not considered OR. Thank you for helping me deal with this in a new breakout approach. Inertia Tensor 09:26, 8 November 2007 (UTC)[reply]
But no one says that Kalpoirygagola is torture (or the opposite, that Kalpoirygagola isn't torture). So that's irrelevant to the debate since NO SOURCES are involved for either view. If there's a well-sourced opinion by the DOJ or any other legal authority that says that an exotic method of pulling out your nails with shears isn't torture, then by Wikipedia rules, it should be included per NPOV. Sourcing has everything to do with it. "Commonsense reading" in your case is just an euphemism for your interpretation, assumes what is to be proved (aka begging the question), is OR, and quite irrelevant. 220.255.112.159 09:41, 8 November 2007 (UTC)[reply]
Yes, that opinion should be included in the article, in the section about U.S. use of this technique. But it should not be privileged as an "alternate definition" in the lead. Badagnani 09:46, 8 November 2007 (UTC)[reply]
Badagnani you've said that three times now, and it doesn't make any more sense each time you say it. The DOJ's position isn't being privileged. It merits inclusion along with the non-DOJ opinion. Both opinions merit inclusion, but you'd like to exclude one. So if anything, you are attempting to privilege the anti-DOJ position by excluding the DOJ position. NPOV applies to the lede, whether you like it or not. 220.255.112.159 09:51, 8 November 2007 (UTC)[reply]
Yes, one should be excluded from the lead, for reasons stated above. Badagnani 09:55, 8 November 2007 (UTC)[reply]
Nonsense. NPOV applies to the lede. We have significant legal authorities on both sides here. 220.255.112.159 09:56, 8 November 2007 (UTC)[reply]
I have to agree with 220.255.112.159 here. The lede should mention reports that the US uses waterboarding and that the DOJ issued a secret opinion justifing that use by claiming waterboarding isn't torture. It's an important part of an unfolding story. Readers can decide for themselves if this indicates "significant legal authorities on both sides" or the feeble attempt of a war criminal's lawyer to protect his client.--agr 11:34, 8 November 2007 (UTC)[reply]

  • I am archiving this section as there is as close to consensus as we are going to get. We don't all agree (I certainly don't), however people on opposite views have agreed on elements.
  • The US law source is valid, readers should be allowed to interpret it themselves.
  • The fact that a secret opinion was issued by DoJ that conflicts with it is also noteworthy for mention.
  • This does not address whether undue weight applies to the DoJ, is that DoJ opinion just a mention or does it carry weight? - please create a NEW section for the actual DoJ source which is unresolved, where we can trash out the whole undue issue either way, this is purely for mention and use of Particular narrow source - This legal statute. Inertia Tensor 08:26, 9 November 2007 (UTC)[reply]
The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.

UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

  • For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
START COMMENT HERE

Rome Statute of the International Criminal Court

  • "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
START COMMENT HERE

Jurist- Endgame on Torture: Time to Call the Bluff

Ref needs tweaking, this is Op Ed, not Jurist saying so. I propose to change the ref to be (as shown in the refs footer - not the article itself)
Benjamin Davis, a professor at the University of Toledo College of Law writes "Waterboarding has been torture for at least 500 years. All of us know that torture is going on." in an OpEd in Jurist, Endgame on Torture: Time to Call the Bluff
Inertia Tensor 08:33, 9 November 2007 (UTC)[reply]
CONTINUE COMMENT HERE

Jimmy Carter

START COMMENT HERE

Mississippi Supreme Court, 1926

  • [2]In the case of Fisher v. State, the Mississippi Supreme Court reversed the murder conviction of an African-American because of the use of waterboarding.

"The state offered . . . testimony of confessions made by the appellant, Fisher. . . [who], after the state had rested, introduced the sheriff, who testified that, he was sent for one night to come and receive a confession of the appellant in the jail; that he went there for that purpose; that when he reached the jail he found a number of parties in the jail; that they had the appellant down upon the floor, tied, and were administering the water cure, a specie of torture well known to the bench and bar of the country."

I'm not sure if they were waterboarding the suspect in this case if they were administering the water cure, which as I understand it focuses on forcing the subject to ingest large amounts of water as opposed to only forcing water into the lungs of the victim. -- Remember (talk) 21:00, 16 November 2007 (UTC)[reply]
Follow the link. "The “water cure” appears to have consisted of pouring water from a dipper into the nose of appellant, so as to strangle him, thus causing pain and horror, for the purpose of forcing a confession. Under these barbarous circumstances the appellant readily confessed" I think pouring water into someone's nose counts as "forcing water into the lungs of the victim." Seleucus (talk) 16:47, 18 November 2007 (UTC)[reply]
But what influence did racism have on this event?--Can Not (talk) 19:39, 24 November 2007 (UTC)[reply]
I noted the race of the defendent because the Mississippi Supreme Court in 1926 would have been extremely biased against any African-American defendant; their overturn of his conviction due to the use of waterboarding should be viewed as especially significant. Seleucus (talk) 23:18, 24 November 2007 (UTC)[reply]

International Military Tribunal for the Far East

The Judgment of the International Military Tribunal for the Far East, Chapter 8

The practice of torturing prisoners of war and civilian internees prevailed at practically all places occupied by Japanese troops, both in the occupied territories and in Japan. The Japanese indulged in this practice during the entire period of the Pacific War. Methods of torture were employed in all areas so uniformly as to indicate policy both in training and execution. Among these tortures were the water treatment, burning, electric shocks, the knee spread, suspension, kneeling on sharp instruments and flogging.

This is the international war crimes tribunal which tried Japanese war crimes - directly analogous to the tribunal which tried Nazi war crimes at Nuremberg. The United States participated, as did all the major Allied powers. The "water treatment" referenced is waterboarding, based on descriptions cited in "drop by drop". Worldworld 17:01, 8 November 2007 (UTC)[reply]

A description of the "water treatment" from the same page. From the sound of it basically identical to the US technique.

The so-called "water treatment" was commonly applied. The victim was bound or otherwise secured in a prone position; and water was forced through his mouth and nostrils into his lungs and stomach until he lost consciousness. Pressure was then applied, sometimes by jumping upon his abdomen to force the water out. The usual practice was to revive the victim and successively repeat the process. There was evidence that this torture was used in the following places: China, at Shanghai, Peiping and Nanking; French Indo-China, at Hanoi and Saigon; Malaya, at Singapore; Burma, at Kyaikto; Thailand, at Chumporn; Andaman Islands, at Port Blair; Borneo, at Jesselton; Sumatra, at Medan, Tadjong Karang and Palembank; Java, at Batavia, Bandung, Soerabaja and Buitennzong; Celebes, at Makassar; Portuguese Timor, at Ossu and Dilli; Philippines, at Manila, Nichols Field, Palo Beach and Dumaguete; Formosa, at Camp Haito; and in Japan, at Tokyo.

Worldworld 17:06, 8 November 2007 (UTC)[reply]

START COMMENT HERE

ADD YOUR SOURCE FOR OR AGAINST HERE 3 etc

  • Cite it here as ref, without [ref] tags though
START COMMENT HERE

http://thelede.blogs.nytimes.com/2007/12/11/former-interrogator-enters-waterboarding-fray/index.html?ex=1355029200&en=24bb2ab7b1b414da&ei=5088&partner=rssnyt&emc=rss —Preceding unsigned comment added by Tmaull (talkcontribs) 21:11, 11 December 2007 (UTC)[reply]

History

I understand there are Chinese antecedents of waterboarding (not what is called in English the water torture). Lycurgus 23:41, 8 November 2007 (UTC)[reply]

Some new observations

Again I feel we are going in circles. Please let's review the current situation.

I Regarding the use of the definition used by the US.

  1. The US is one country and centering this article around the dissenting opinion of its administration, some of its politicians and pundits from one country violates undue weight.

II Regarding the DoJ/Bush administration being an authorative source.

  1. See point 1 of the previous section.
  2. Some facts:
  • 1996 The US adopted the War Crimes Act (WCA). This defined any breach of the Geneva Convention (GC) as a war crime.
  • 2002 Gonzales et al. opined that with the WCA in mind it was possible that a future aministration might prosecute individuals for actions taken in the War on Terror. (My translation: people are engaged in acts that can be seen as war crimes)
  • The opninion continues to explain how to limit the risk for such a criminal case. (Mind you, not shock, horror, we should at all cost avoid even the appearance of committing war crimes, no, the legal loopholes are discussed!) Since the WCA refers to the GC it is suggested that by eliminating them (read: the GC do not apply to enemy combatants) the WCA no longer applies.
  • 2002 The Bush administration rules that detainees in the WoT are not covered by the GC.
  • 2006 The Supreme Court ruled that the GC do apply and all detainees are covered.
  • 2006 The Military Commissions Act (MCA) was adopted in response to the previous point. It contains a section in which the WCA is retroactively rewritten to ensure that those individuals discussed by Gonzales (2nd bullet) are no longer punishable under US law.
  • 2006 It is revealed that the Bush administration has ordered the screening of communications of US citizens 7 monthsd prior to 9/11. The actions are apparently so radical that the top echelon of the DoJ threatened to resign if it was not changed. Nobody knows what the administration did to evoke this reaction nor are we privy to the legal rationale behind it.
  • 2007 Gonzales resigns following several contradictory statements, which at times are at odds with the known facts, during an investigations regarding the alleged reshaping of the DoJ into a political wing of the Republican Party.
  • 2007 The intended new AG refuses to state whether waterboarding is or is not torture explicitly stating, as one of his reasons, he does not want to open up the doctrine of command responsibility for the people involved.

The above seems to infer that the legal minds are very interested in legal ways to evade accountability yet not in determining the legal boundaries and how to adhere to them. With that in mind I have difficulty accepting the authority of the legal minds involved.

With the above in mind I have the following suggestion regarding the introduction:

Waterboarding is a form of controlled drowning used to extract information. Since the Spanish inquisition it has been considered torture.[citation needed] The US itself has prosecuted individuals for using this technique.[citation needed] During the War on Terror the Bush administration, a limited group of US politicians and commentators have opined that it might not be torture and as such would not violate UNCAT.[citation needed]

The technique, legalities and such can then be discussed in subsequent paragraphs. Respectfully Nomen NescioGnothi seauton 08:20, 9 November 2007 (UTC)[reply]

Honestly I think that is going to far, as I can't think of any limited group of politicians who think it is not torture. I think we are confusing this a bit, there's some who think it is okay in some circumstances without regard to whether or not it is torture. Also I really don't like the euphemism controlled drowning; I agree where you (and just you) are going with this (ridicule?), but still consider the term weasely despite the good intentions. Calling it torture upfront is hard, but I believe it is the most NPOV thing to do as it is clear as day. The fact that it makes people uncomfortable is not a consideration so long as it is true, sourced, and provides the most relevant description. I am required to AGF for editors, but I certainly see no requirement of Wiki to assume good faith of or show good faith to the US regime, especially as it stands accused of torturing, and has caused the deaths of 800,000 by 2007 people in this so-called war on(of) terror[Lancet]. I'm not even convinced that this is used primarily for information gathering, or indeed whether it even could be used to do that. Sorry, but thanks for trying to make progress, I respectfully strongly disagree. Inertia Tensor 08:47, 9 November 2007 (UTC)[reply]

The following discussion is closed. Please do not modify it. Subsequent comments should be made in a new section.

That article you cite is a joke. What does it have to do about the topic at hand anyways? Are you trying to tell us that since the U.S. has supposedly killed 800,000 Iraq citizens, (even though the article you post says 650,000. Just a small error in your favor I guess; no matter though since both figures are WAY OFF, and thankfully at least the article does confirm that these numbers come from estimates that are highly disputed ((and wrong)) ) therefore the techniqes used in getting informations from these vile terrorists MUST BE TORTURE? I'm just trying to understand where your coming from Inertia Tensor.

Unsigned poster 71.109.210.214 using verizon DSL in the US, that number was been revised upwards statistically to reflect the passage of time as it is quite old, and the deaths continue. I cite that to show why there is no way I can AGF that (terrorist) government. And by the way, the number is not off, unless you know more than John Hopkins and Lancet, is there some special insight you'd like to share with us? Btw both sides are engaging in terrorism - some more than others... Inertia Tensor 04:14, 11 November 2007 (UTC)[reply]
No I am not trying to tell you the US has killed 800,000. I said "has caused the deaths of 800,000" - that is a different thing in English. It's actions have caused the death of 800,000 - there is a slight difference there. Interesting that you think Johns Hopkins Bloomberg School of Public Health is a joke; per chance were you at that rodeo when they filmed Borat? Inertia Tensor 04:18, 11 November 2007 (UTC)[reply]

Inertia Tensor: I guess you like to cherry pick your "statistics". I guess I'm going to have to show you why this has been so widely disputed; or as you requested, my "special insight."

"The figure is considerably higher than estimates by official sources or the number of deaths reported in the media." Did you miss that part?

"In the past, Mr Bush has put the civilian death toll in Iraq at 30,000..." Thats quite a disparity, isn't it?

"Six-hundred thousand or whatever they guessed at is just... it's not credible, Mr Bush said." Really? Why does he think it's not credible. Let's see what method they used to come to that total:

"The researchers spoke to nearly 1,850 families, comprising more than 12,800 people in dozens of 40-household clusters around the country." Wait a second, they surveyed only 12,800 people (1850 households) to come to this total, yet the population of Iraq is 25+ million.

"Of the 629 deaths they recorded among these families since early 2002, 13% took place in the 14 months before the invasion and 87% in the 40 months afterwards." Amazing! The (1850)families they surveyed had 82 deaths total, 14 prior to the invasion. That means there were 547 deaths that took place amongst the surveyed, in a total of 40 months after the invasion (629-82 = 547). And don't forget that the average of 82 deaths per 14 months has to be applied to the 40 month period, then we can "guess" how many of the deaths COULD be a cause of the war amongst the surveyed: 40/14 = 2.86 2.86 x 82 = 235 235 natural deaths would have occured in the 40 month period of the survey. As I worked out above, there were a total of 547 deaths in the 40 month period. 547-235 = 312

Of the 12,800 Iraqi people surveyed, they had an extra 312 deaths in a 40 month period! (Not to mention the fact that the article states that only 80% of the deaths had death certificates to go along with it, so this could be inflated by up to 20%)

And from 312 deaths, they (and YOU) are able to "hypothesize" that there have been 650,000 dead civilians?! 800,000?? Pitiful, try using your head next time. This is propaganda, and I'm sorry you believe in it.

My advice for you would be that you try and work out these so-called facts for your self, instead of believing every newspaper/newscast you see. Not sure if you know, but here in the U.S. 80-85 percent of the media is liberal, so a lot of the facts we get here are skewed. --— Preceding unsigned comment added by 71.109.210.214 (talkcontribs)

We can either trust the methodology of The Lancet and Johns Hopkins, or we can trust the opinions of an anonymous poster who does not sign his/her posts. Then again, this discussion page is for discussing improvements to the Waterboarding article. Please keep the discussion focused on this purpose, thanks. Badagnani 06:03, 11 November 2007 (UTC)[reply]
Badagnani acts as if I am the only person who disagrees with the John Hopkins survey. Just saw the wiki page on it, you'll find a lot of reliable sources there that back up my claim that this study was a joke.[[3]]
The discussion above is closed. Please do not modify it. Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.

Please, stay on topic. If you wish to debate the number feel free to participate in the relevant page. Regarding Mr Bush, I trust John Hopkins and The Lancet before I even consider listening to somebody (Mr Bush) who has not one iota of medical/statistical knowledge. Second, you will find that the controversy exists within the political arena and not the scientific, for obvious reasons. OT comments closed from here. Nomen NescioGnothi seauton 09:40, 11 November 2007 (UTC)[reply]

Pointless me saying this, but: you could all as a last resort try presenting both sides of the argument (torture/not) no matter how preposterous you see one side of the argument to be; on the basis that if one side is that preposterous, the reader will spot that right away. Put another way: let the readers make their own minds up. 84.13.116.4 16:34, 12 November 2007 (UTC)[reply]

Talk:Waterboarding#Some_observations_.28from_entities_.26_people_we_can_use.29_-_Sources_Discussion . Inertia Tensor 09:30, 13 November 2007 (UTC)[reply]

How about this? Nomen NescioGnothi seauton 17:00, 13 November 2007 (UTC)[reply]

One can hope. they now however tend to let nationalism be used as a cover for almost anything - so I doubt it. I wonder if Baltasar Garzón will take note[4] [5]... Inertia Tensor 04:51, 14 November 2007 (UTC)[reply]
This is deceptive: "The US itself has prosecuted individuals for using this technique."
In the case of the Japanese use, the U.S. prosecuted individuals who used the technique in conjunction with other forms of brutality, as well as on personnel who were protected under the 3rdGC or 4thGC.
They prosecuted their own for a similar reason. Regardless of whether it is or isn't technically torture, it's still prohibited under the Army's interrogation manual.
If you really have such a good case, why the deception?
-- Randy2063 (talk) 19:20, 28 November 2007 (UTC)[reply]

Circular empty talk

Guys, I closed that horribly formatting subsection upon subsection section above. I couldn't make heads or tails of it, and I imagine others couldn't either given it's hyper-layered formatting. Really, due to WP:NPOV and WP:V non-negotiable limits, the torture issue comes down to one incontrovertible, and unfortunately non-negotiable (due to WP:NPOV and WP:V) truth:

Historically (including in the United States!) waterboarding is/has been considered an act of torture. We need to clearly and simply, and non-dramatically state that fact after describing the physical act of waterboarding. That some countries today in come cases consider it not torture (the George Bush administration) will be noted, as their current opinion, per sourcing limitations. Having reviewed this, Wikipedia can safely per historical sources and sourced precedents say that waterboarding is historically considered torture. That some dispute this notion today in various ways will be then noted. The current United States government view of waterboarding DOES NOT trump historical records that go back to and nearly predate the history of the United States itself, and the United States roll in the debate per WP:WEIGHT will be relegated to a subsection. The world doesn't revolved around our country's debate on this.

I propose the following for a structural redesign of the article:

  1. Lead: Physical description of act (paragraph 1). Short historical global overview (paragraph 2). Short overview of physical/mental effects (paragraph 3). Short overview of the modern debates for the 20th/21st century--GLOBAL in scope, as Wikipedia itself is; the United States can have a sentence or two here only (paragraph 4).
  2. Technique and effects: we can probably have 2-4 total paragraphs on what waterboarding is, and what it does to you.
  3. History of waterboarding: we can probably have 3-5 total paragraphs on how waterboarding came to be, and historical uses.
  4. Contemporary uses: a paragraph on each notable modern case. We can certainly allocate 1-2 just to the United States here.
  5. Legality: this section is fairly solid. 2-3 paragraphs total.

Ballpark projected article length: 12-18 paragraphs.

Thoughts? I firmly believe my view above on the view of is/isn't torture is fully compliant with NPOV, V, and RS, which is unfortunately the only thing we are allowed to go by. Any shaping of any article that doesn't comply with all three is functionally vandalism, and unacceptable as it would compromise Wikipedia's integrity as a global neutral resource. Anything that does not utterly comply with NPOV and V will be removed by anyone from the article. • Lawrence Cohen 18:43, 13 November 2007 (UTC)[reply]

I like this proposal a lot and fully support it. I would be careful to not confuse all forms of water cure and water torture, which have a long history, with waterboarding, which is very similar but different (since the point isn't to make a person ingest large amounts of water into the stomach but rather into the lungs). Remember 20:32, 13 November 2007 (UTC)[reply]
You have my attention too - give it a go! What I really want to see gone is the confusion being sowed, sometimes deliberately (not here) between those who support waterboarding (without regard to what it is) and those who say it is not torture - big difference. Inertia Tensor 23:57, 13 November 2007 (UTC)[reply]
In your 5-point plan, please don't delete/dismantle any content that has been carefully built up over time, without discussion and consensus. Badagnani 23:59, 13 November 2007 (UTC)[reply]
Certainly not. It would be first a restructure, only, and neutralizing of all tone and language, then later we can trim if needed (doubtful). I'll start knocking up a demo copy in a sandbox tonight or tomorrow. • Lawrence Cohen 00:30, 14 November 2007 (UTC)[reply]
Wait Lawrence - that sounds different now to what you had proposed. I do not support 'neutralizing' tone for the sake of it - only if there is something inherently wrong with a tone should it be changed. No one has established that to be verifiably the case - which is exactly why I plonked up the sources discussion which you unilaterally closed with no agreement and I am reopening now - DO NOT EVEN THINK ABOUT CLOSING IT AGAIN. Order could certainly do with a lot of work as you said - but tone - NO. There won't be a consensus for watering it down to suit some other sensibilities. You just lost my support with this last comment. Inertia Tensor 04:21, 14 November 2007 (UTC)[reply]
Are you saying something other than total observance of WP:NPOV is OK? • Lawrence Cohen 05:29, 14 November 2007 (UTC)[reply]
I think that you will need paragraph 1a, describing the half-dozen or so different things being called waterboarding (those that are not the watercure and stomach filling.) They are very different and I suspect that those differences are part of what contributes to the heat of the topic. htom 22:20, 14 November 2007 (UTC)[reply]
Neutral Point of View is not the same thing as Neutralize is meant as in this case (or whitewash, sanitize). Neutral and factual yes, but being neutral does not mean not saying things that some people don't like for political or nationalist reasons. Inertia Tensor 01:34, 16 November 2007 (UTC)[reply]
I assure you, I intend to whitewash nothing. Please be sure to AGF. Do you disagree with my summary that NPOV requires us to state unequivocally, as fact, that "historically waterboarding has been considered torture, but some modern governments disagree with this", as detailed by available sources? The wording I quoted may vary slightly, but the message, per NPOV, has to be that. Simply put, we can't imply that the current US (or whatever government) belief is more important than historical fact. We can't imply a matter of wrong or right. We are required say, "Waterboarding is this act (details on physical event).[1] Historically, waterboarding has been considered torture.[2] Today, waterboarding has been used in x capacity.[3] Some modern governments have stated beliefs that waterboarding is not torture.[4]" Something along those lines. Facts, reported by reliable sources, in a neutral, even boring and bland tone, with no histrionics or dramatic tones. We simply are not allowed, full stop, to do otherwise than to adhere to NPOV. Please let me know your thoughts. Thanks! • Lawrence Cohen 21:07, 16 November 2007 (UTC)[reply]

Sounds reasonable to me. Indeed, presenting the fact that it has been considered torture for centuries while recently the Bush administration has a dissenting opinion should give the reader sufficient info to decide whether this reframing-trick is merely the Alice in Wonderland/1984 kind obscuring what we are talking about. Nomen NescioGnothi seauton 12:40, 17 November 2007 (UTC)[reply]

Ok AGF. let's see, give it a go. The DoJ has no weight whatsoever. In a fiery statement Thursday night after Bonds' indictment became public, the lawyer accused the BALCO investigators of unspecified ethical misconduct and said the Justice Department "doesn't know if waterboarding is torture and can't tell the difference between prosecution and persecution."http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/17/MNU7TE98P.DTL Inertia Tensor (talk) 19:10, 17 November 2007 (UTC)[reply]
The US Department of Justice is certainly a reliable source about itself and the views of the current American Presidency, so we can note that they don't feel waterboarding is torture isn't torture in the United States context. Keep in mind that just because they say this, and just because we report that they say this about themselves does not make waterboarding any less torture based on the fact that something like 90%-95%+ of the sources say it is torture. Frankly, I'm seeing 1-2 sentences on that specific view, in that light, only meriting inclusion--the US DOJ view will not unduly WEIGHT this article. Waterboarding is torture based on historical evidence and torture, and will be reported that way on Wikipedia. We also will note that some American attorneys and government officials don't think it is. Their minority and fringe viewpoint is notable enough to mention. • Lawrence Cohen 16:59, 18 November 2007 (UTC)[reply]

Here's a paragraph I suggested way up earlier on this talk page. I'd like to re-offer it for consideration. Can we come to a consensus on something like this, or with this as a starting point?

The overwhelming majority of expert opinions hold that waterboarding is torture [multiple references]. However, prominent figures in the United States government, including George W. Bush and Michael Mukasey, have specifically refused to give an opinion on whether waterboarding is torture in response to direct questioning, and the British Foreign Office has stated that it "would depend on all the circumstances" [4]. Andrew McCarthy wrote "I don't believe it qualifies [as torture]" though it does qualify as "cruel, inhuman, and degrading" treatment "in almost all instances" [5].

(I think this could be improved a bit by also mentioning that waterboarding has historically been used as a method of torture.) Ka-Ping Yee (talk) 20:54, 18 November 2007 (UTC)[reply]

The rampant bias in this article cannot be fixed without explicitly extracting all discussion and speculation about what is merely the definition of a word. Word definitions evolve for all words and expressions. The article should describe the process and say nothing more at all. At the very most it might mention that there is speculation and discussion about whether or not a process that produces no objectively measurable harm should be within a changing definition of a word intended only for emotional response, i.e., torture. Best of all from a pure neutrality perspective is total extraction of any text beyond description of the process of waterboarding. Anything more than only that description of process is blatant bias. —Preceding unsigned comment added by 70.57.88.126 (talk) 19:36, 19 November 2007 (UTC)[reply]

Yawn. Go back to Malkin's website, please. We're working on writing an encyclopedia. —bbatsell ¿? 19:44, 19 November 2007 (UTC)[reply]
Torture is not "a word intended only for emotional response." It's a serious crime defined under U.S. and international law.--agr (talk) 20:06, 19 November 2007 (UTC)[reply]

movement of introduction paragraph

When I came to this article simply to find out more about the subject, and I feel that the paragraph in the introduction section beginning with "The practice garnered renewed attention and notoriety in September 2006, when further reports claim that the Bush administration had authorized the use of waterboarding on extrajudicial prisoners of the United States. " is out of place.

I am simply suggesting that this be moved to a "current controversy" or similarly titled section further in the article. It seems to me that specific paragraph is less of an introduction on the subject of waterboarding, and more of a current event summary. It removed from the encyclopedic nature of wikipedia, changing it to a news journal of sorts. This section is also largely irrelevant to people who are simply looking for a description or history of the process.

as I assume no edits made to the page at the time could possibly be in consensus, I will not add an editprotected tag to this. it is simply a suggestion, it is unlikely that I will be back to make the edit myself once the page is semi or unprotected, so someone else please make the edit if it is deemed appropriate. -aliencam (talk) 08:31, 20 November 2007 (UTC)[reply]

I disagree. Per WP:LEAD "The lead should be capable of standing alone as a concise overview of the article, establishing context, summarizing the most important points, explaining why the subject is interesting or notable, and briefly describing its notable controversies, if there are any."--agr (talk) 14:36, 20 November 2007 (UTC)[reply]

Downgrade Full protection to semi

Anyone object to my asking for it to drop the Full Protection down to a Semi-Protection? It's been a while and things have calmed here somewhat. If it goes nuts again, it will just get reprotected again and we then will probably have to sit down until we hash out everything firmly. • Lawrence Cohen 00:00, 21 November 2007 (UTC)[reply]

  • No objection. Ka-Ping Yee (talk) 08:51, 22 November 2007 (UTC)[reply]
  • STRONG Objection We need a complete proposed replacement to unprotect, as the warring will restart the moment it goes back. This wasn't just IP warring, and the last time it was unprotected as a result of some modicum of tranquillity it went ballistic right away. We need a consensus based replacement text to unprotect. This is unresolved. I want this to be unprotected, and I think and hope Lawrence can be the one to make it happen. I just don't think we are ready yet, as I believe we are already that that stage where we have to hash it out. Inertia Tensor (talk) 02:25, 23 November 2007 (UTC)[reply]
  • Strong support - No progress is being made. I think there could be some constructive process if it is unprotected. If not then we will protect again. Remember (talk) 04:28, 23 November 2007 (UTC)[reply]

Thanks for the vote of support, Inertia. I actually just got an idea on what might be the best way to sort this out. Posting a new section. • Lawrence Cohen 06:12, 23 November 2007 (UTC)[reply]

Idea to cleanly hash this dispute out

Since all the edit warring seemed to be about a small handful of details, I think all the attempted work above (no offense Inertia) was a bit unfocused. IP users can't watchlist pages, they'll have to look here to weigh in. If they don't, they don't. If the IP editors come back and edit war like mad again, it will be protected again, and we can't do much about that if they don't contribute here. We can deal with that (probable) possibility if it does come to pass when it does. So to figure out if the people actually watching this page have a problem, let's try this. So we don't try to do 1,000 things at once, everyone who wants something changed just list your top three here. It's a silly way to do it, but it'll be focused, and we can then just go over each other's concerns point by point in a section for each user. Just copy my formatting and for a first pass at this lets each limit this to just 2-3 points. I almost get the feeling we're debating everything (or talking about debating everything) rather than figuring out what everyone does or doesn't actually have a problem with.

My idea with this is to see if we actually have a valid reason to protect. I almost think now that we don't, and that this is all just because of various people with IP edits trying to advance a point of view. If thats the case, they're violating NPOV, which is vandalism, so we can semi-protect to force discussion. If you look at the editing history, all the warring is by IP editors trying to push edits that are not in compliance with WP:NPOV from my reading of it.

Reply to each user's section in threaded discussion with any concerns. If we don't get anyone with serious problems with the article that can't be fixed with trivial non-protected edits, I think we're fine to simply downgrade to semi-protection (long term semi, based on the insane warring of the past). • Lawrence Cohen 06:27, 23 November 2007 (UTC)[reply]

Thanks guys, for taking part in this. I guess its a mini-RFC. It seems like the main concerns are coming out, lets run this to maybe Tuesday or Wednesday (to leave room for the holiday weekend in America, and people to catch up), then we can really dig in here on the results to see what is actually disputed. • Lawrence Cohen 16:48, 25 November 2007 (UTC)[reply]

User:Lawrence Cohen

  • My only major concern is that the article clearly state upfront that waterboarding is historically (based on the variety of sources) a form of torture, but that some modern government administrations either dispute this (based on sourcing) or simply don't consider waterboarding torture. Basically, rigid NPOV enforcement and nothing less on that is/isn't torture bit.
  • We shunt off the heavy emphasis on the United States from the lead section to a detailed sub-section about the United States. We shouldn't be dominating the opening of the article with our country.

That's it for me. • Lawrence Cohen 06:27, 23 November 2007 (UTC)[reply]

User:GregorB

I haven't been involved with this article thus far, but here are my thoughts anyway:

  • The intro should say waterboarding is torture, because saying upfront that some claim otherwise breaks WP:UNDUE. It could be that waterboarding, indeed, is not torture; it could also be that Moon landing is a hoax, but I don't expect that view to be covered in the Moon landing article intro. On top of that, most of the sources that state waterboarding is not torture are not exactly impartial, making WP:UNDUE more egregious.
  • Particular views (of US Government and other entities) or references to current events are indeed best left out of the lead section completely.

I feel that the "NPOV" version would invite more edit warring, but the same can be said for the version I'm proposing above, so I'm not really an optimist about unprotecting the article. GregorB (talk) 12:21, 23 November 2007 (UTC)[reply]

User:Remember

I look at this again when I have more time but here are my initial thoughts

1. I think the first sentence should just describe the procedure and refrain from categorizing it as torture/nontorture (which can happen in later sentences).
2. The article shouldn't say it is simulated drowning, since it more akin to controlled drowning since water enters the lungs. If we can't agree on simulated versus controlled we should avoid the terms all together.
3. We should mention that the forced ingestion of water and water into the lungs has a longstanding and widespread history of being torture (such as water torture and the water cure, but that recently some in the United States Government and some U.S. politicians have taken the standpoint that it isn't torture (or that even if it is it is justified) and then link to the discussion later in the page.
Suggested intro - Waterboarding consists of immobilizing an individual on his or her back, with the head inclined downward, and pouring water over the face to force the inhalation of water into the lungs. This procedure causes the subject to feel the early stages of drowning. Waterboarding has been used to obtain information, coerce confessions, punish, and intimidate. In contrast to merely submerging the head, waterboarding elicits the gag reflex, and can make the subject believe death is imminent while often leaving no physical damage. The forced ingestion of water into the stomach or lungs has long been considered a form of torture (see also water torture and the water cure). Recently, some in the United States Government and some U.S. politicians have taken the standpoint that waterboarding does not qualify as torture or that even if it is torture that it is justified as an interrogation technique (and then link this last part to a longer discuss part on the page.

Remember (talk) 16:09, 23 November 2007 (UTC)[reply]

I think it is a big mistake to define waterboarding as including forced inhalation of water. There are likely to be more than one technique in use. A number of sources, including the Life Magazine photograph from the Vietnam War, say cloth or cellophane is first placed over the victims nose and mouth. If we say waterboarding is defined by ingestion of water and therefore torture, it might be used as a justification for other "milder" techniques designed to prevent ingestion. All forms of waterboarding are torture because they produce an intense fear of death, not because of any possible physical harm. --agr (talk) 17:00, 23 November 2007 (UTC)[reply]
It's not a big mistake, as the individual in charge of teaching this technique stated very clearly that this is one of the objectives of the technique. If you've actually read the sources we've been considering here, your comment just doesn't make sense. You can believe the official version promulgated by the administration attempting to get the public to accept this technique as "not so bad" or you can accept the testimony of someone to whom this was actually done, and who taught this technique in the U.S.'s own elite counterterrorism unit. Badagnani (talk) 18:55, 23 November 2007 (UTC)[reply]
First of all there is no "official" administration position. They refuse to discuss it on the record. Second, I think you are missing the point. By defining waterboarding in the harshest mode, we leave room for people to argue that less harsh versions are not torture. And in any case, one person's testimony is not enough for us to ignore the other descriptions of waterboarding that are out there. The Fox TV reporters who underwent waterboarding did not report water inhalation, for example. Yet they found it quite effective and even characterized it as torture. There may be, and likely are, different methods used. We don't have to pick one. --agr (talk) 20:21, 23 November 2007 (UTC)[reply]
Since there are apparently differing versions of waterboarding, we'll just list them as variants or something similar. Unless a source says this one is worse or less worse than that one, we absolutely will never say that. It would be original research. • Lawrence Cohen 08:10, 24 November 2007 (UTC)[reply]

User:OtterSmith

As I see it, there are three major problems with this discussion.

  • Waterboarding is very poorly described, so poorly that it can be said to be undefined. I can think of at least a half-dozen different things that have been called waterboarding. None of them are pleasant. Some of them are physically dangerous to the victim. Some of them are actual interrupted drowning, others are things that seem to trick the body into feeling like it is in danger. Waterboarding is not a boogeyman, but it needs to be described so that the reader knows which techniques (whether one, some, or all) are being talked about.
  • The legal status of waterboarding as torture needs to be accurately described for each of the different things being done. I suspect that some of the techniques are definately legal tortue, some of them are possibly legal tortue, and some of them are not. All of them are probably moral tortue, but that is a different question. The politics of those either condemning or practicing it are not part of the legal question (and are probably not properly part of the moral question.)
  • American politics has no place in the article. If you can't talk or think about this without Bush bashing, you should disqualify yourself; likewise if you can't talk or think about this without Clinton bashing.
  • "OMG Waterboarding is EVIL" is not helpful, even if true.

htom (talk) 19:05, 23 November 2007 (UTC)[reply]

Waterboarding is not poorly defined. It involve immobilizing someone pouring water over their head to make them believe they are drowning. There may be variants, but that's the basic deal. Tricking "the body into feeling like it is in danger", at least mortal danger, is of torture under U.S. law. No physical damage is required. --agr (talk) 20:34, 23 November 2007 (UTC)[reply]
I can't imagine what goes through your head when you think you are drowning. I remember getting choked out once. Everything went into slow motion, and it was as if my brain was on fire. It only lasted a few seconds, but it took thousands of hours as literally hundreds of nuerons fired at once and thoughts began racing. It wasn't really painful to be hand-choked, but it was hell. I can only imagine how horrible it must be to be "drowned". --Knappenberger, E.M. (SPC-R) (talk) 18:04, 28 November 2007 (UTC)[reply]

User:Ka-Ping Yee

Thanks to Lawrence for trying to organize the discussion and to everybody for continuing to strive for progress. These are my main concerns.

  • Waterboarding is not a simulation, and most definitely involves the introduction of water into the breathing passages. Most accounts of waterboarding involve a cloth (or nothing) over the subject's face; in the few cases that mention cellophane, a hole is poked in the cellophane. (The cloth or cellophane is used to intensify the effect, not soften it: it acts as a one-way valve, letting the subject's air escape, but forming a seal over the nose and/or mouth when he or she tries to inhale.) The article should make it clear that causing water to flow into the breathing passages is the whole point of the procedure; that is why, in every description, the subject is specifically positioned with the head tilted back.
  • As far as I know, no government agency or representative has stated on the record that waterboarding is not torture -- so the article should not say or imply that this is anyone's official legal opinion. There have been quite a few evasive statements and refusals to answer by United States officials, and these are fine to quote or mention. But it would be going too far for the article to make derivations from what has been said and then present that as fact. Examples of such inferences to avoid: "X refused to say waterboarding is torture" => "X's official opinion is that waterboarding is not torture". Or "X says torture is illegal" + "X authorized waterboarding" => "X's official opinion is that waterboarding is not torture". When presenting official opinions, the article should offer exactly what has been said, no more and no less.
  • I personally believe that "waterboarding is torture" is at least as true as "humans and apes have a common ancestor." That is, although some people may not accept it, it is firmly supported by evidence and sound reasoning (e.g. reasoning directly from legal definitions of torture). The opposing viewpoint is not on equal footing; in fact, arguably "waterboarding is torture" is on even firmer ground than evolution, since there are not even official authorities willing to publicly take the opposing viewpoint. I am willing to accept an article that does not contain the statement "waterboarding is torture", but not an article that presents a dispute between two equal sides. I would argue for a statement such as "the overwhelming majority of experts, legal authorities, and historical precedents consider waterboarding to be torture." As mentioned earlier on this talk page, perhaps a good solution would be to move all discussion of waterboarding's classification as torture to a section devoted specifically to legal status. This section would state the legal definitions, the historical precedent in literature and legal opinion, and quote the opinions of modern authorities.

Thanks for taking these into consideration. Ka-Ping Yee (talk) 10:58, 24 November 2007 (UTC)[reply]

Do you have a source for "a hole is poked in the cellophane"? None of the sources I found mention this. --agr (talk) 20:20, 25 November 2007 (UTC)[reply]
Here's one: Mukasey Unsure About Legality of Waterboarding (New York Times, October 30, 2007) —Ka-Ping Yee (talk) 22:13, 25 November 2007 (UTC)[reply]

User:Inertia Tensor

Again, Thanks to Lawrence for trying to organize the discussion and to everybody for continuing to strive for progress. These are my main concerns.

  • Some people are confusing the concepts of Waterboarding {is/is not} torture Vs Waterboarding {is/is not} okay under some circumstances. This confusion has been accidental in some cases, and very deliberate obfuscation in others (certain politicians).
  • I consider torture to be what it is - and the simplest most accurate consise description to a reader - torture should lead, with the mechanics of it following.
  • I believe the whitehouse carries no weight as I would consider a murderer saying something is not murder to be noteworthy, but not carrying weight.
  • Being neutral to fact, and being neutral to a side are different things. We are not meant to be neutral to perpetrators - we are meant to be neutral to fact.
  • No whitewashing, unreasonable glossing over things, revisionism or New Speak. So no controlled drowning, enhanced-(beating-the-shit-out-of people) information gathering, wet ops, special interogation or any other doublespeak. New speak is a gross distortion of NPOV. Later citing somone else's new 'word' is fine, but not in the opener.
  • It is what it is. Torture. If you feel uncomfortable about that take it up with your leaders - or change them. But don't try and twist fact to suit them. Demos Cratine
  • Common reading of the English language, such as the US code, is not necessarily OR, as has been claimed by some. The Law doesn't say that Kabodkweufcnjfalalaboho is torture, even though I take that to mean castration with a tennis racket. So is Kabodkweufcnjfalalaboho ok? Come on. —Preceding unsigned comment added by Inertia Tensor (talkcontribs) 09:48, 26 November 2007 (UTC)[reply]

User:NoSpam150

My suggestion would be to remove any direct comparisons of waterboarding to drowning, as drowning implies death in official definitions. Implying death or "simulated" death, is not accurate. Mentioning a condition involving the "fear of drowning", however, is fair.

So something like:

Waterboarding is a torture technique where asphyxiation due to 
forced water inhalation is used to evoke the instinctive fear of drowning.

or

Waterboarding is a torture technique where suffocation due to
forced water inhalation is used to evoke the instinctive fear of drowning.

Where:

Asphyxiation is the condition of being deprived of oxygen.

Torture is an act by which severe pain or suffering is intentionally inflicted on a person for punishment, intimidation, coercion, or to elicit a confession.

---

For those who insist that "torture" is in question, I would ask which definition you are using. Do you disagree with the (often mentioned) international definition of torture, or does some part of the definition not match? If so, which part:

  • severe pain or suffering, whether physical or mental.
  • intentionally inflicted on a person for such purposes as:
    • obtaining from him or a third person information or a confession.
    • punishing him for an act he or a third person has committed or is suspected of having committed.
    • intimidating or coercing him or a third person, or for any reason based on discrimination of any kind.
  • when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

Nospam150 01:53, 1 December 2007 (UTC)[reply]

User:V-Indicate

The bottom line here is that the language is too strong for the issue. No one here is qualified to unequivocally state that waterboarding is or is not torture, no matter how hard you argue and how many sources you cite. HOWEVER, it is reasonable to say that waterboarding is considered by many to be torture, because that is indeed verifiable and truthful, which I would argue is the purpose here.

Ultimately, the description of waterboarding as an act is the intent here (i.e. how it is performed), not whether or not it is torture. Thus the information should not be introduced by how it is characterized (torture). It should be introduced by how waterboarding is performed. Once those facts are established, only then should this controversy about the characterization be presented since it is secondary. If there are opposing viewpoints, as there are here, both views should be presented in a balanced way so as not to influence the readers conclusion. It is only fair.

The fact is that the issue is controvertible and there are two distinct sides to it. A statement claiming one side is not objective in this particular venue. The article is stating a position in the debate, one that others might not agree with. I'm not arguing from any philosophical, moral, political, or ideological influences; it is simple logic. You have two sides to an issue and one is being asserted as truth. That is called making an argument and is suited for an article or essay, not for a medium in which the purpose is solely to present verifiable facts. And citing some sources as evidence in favor of that argument is not adequate to claim it as fact. The stated position is still burdened by opposition.

Simply put - One's claim that waterboarding is torture is refutable; ones claim that waterboarding is not torture is also refutable. Neither statement is fact, but both can be presented equally, albeit briefly. It is more important to stick to the issues; how waterboarding is performed, who uses it, what is its place in history, etc.

I fully support an edited intro along the lines that user "Remember" has proposed above. It is objective, truthful, and verifiable. Users on Wikipedia expect to be given factual and balanced information so they can come to their own conclusions.

V-Indicate 23:42, 30 November 2007 (UTC)[reply]

I am in agreement with your first one-and-a-half paragraphs. I believe it is clear, however, that there aren't two equal sides here. We have a position that is supported by historical record, legal precedent, and the opinions of an overwhelming majority of present-day experts; and we have an opposing position that no one in an authoritative role (as far as I know) has been willing to take in public. (Keep in mind that unwillingness to say "waterboarding is torture" is not the same as actually taking the position "waterboarding is not torture.") Consider, for example, re-reading your third paragraph in the context of a statement such as "the earth is round" and you will see what I mean. The existence of flat-earthers does not obligate an encyclopedia to censor the statement "the earth is round" from its articles.
I recognize that the level of controversy around this topic will probably prevent an article which says "waterboarding is torture" from lasting for any length of time without re-igniting a flame war. Thus, pragmatically, I am willing to accept an article without this statement, as I note below. But there is no doubt that the article should reflect the fact that recorded opinions and evidence weigh very heavily on the side that waterboarding, indeed, is torture.
Ka-Ping Yee 05:12, 1 December 2007 (UTC)[reply]
"...as I note below." Whoops! I meant "above". —Ka-Ping Yee 05:17, 1 December 2007 (UTC)[reply]
I agree with you that "unwillingness to say 'waterboarding is torture' is not the same as actually taking the position 'waterboarding is not torture.'" (I direct that statement to Badagnani on my behalf). I am not advocating for an article without "waterboarding is torture." On the contrary, I think that it must be included to tell the reader that waterboarding is considered torture. But I argue that the first sentence of the second paragraph does that, and does it very effectively and objectively.
Those who challenge the neutrality of the article take issue with the introductory sentence's language, among other things. As I proposed below, if the opening sentence would say "Waterboarding is an interrogation technique..." it would thus be a neutral statement. Then the second paragraph works to assert that waterboarding has been described by experts as torture. I cannot reiterate enough how effective this statement is; it is exactly the wording that must be used to convey the charaterization of torture, and its placement in the article is perfect.
Consider this: The first sentence asserts "Waterboarding is torture..." but the first sentence of the second paragraph says "Numerous experts have described this technique as torture." The language of the two is completely different. You can see how the former sentence's language is stronger that that of the latter sentence. Thus, changing the first sentence to "Waterboarding is an interrogation technique..." and keeping "Numerous experts have described this technique as torture," makes for a better encyclopedic entry that hopefully would be agreeable to everyone.
Then we are largely in agreement. As indicated elsewhere on this page, I am fine with a statement expressing that most or nearly all experts and precedents consider waterboarding to be torture. However, I would argue for leaving "interrogation technique" out of the first sentence because waterboarding is not a way of asking questions. It could be used to coerce someone to answer questions, but it could also be used to coerce someone to do just about anything. Basically, a means is not the same as its end: e.g. bank robbery is not encyclopedically defined as a "profit technique"; it is just plain bank robbery. —Ka-Ping Yee 14:57, 2 December 2007 (UTC)[reply]
I agree with Ka-Ping Yee. Remember 17:14, 2 December 2007 (UTC)[reply]

User:Badagnani

The opinion by the redlinked editor (in his/her first edit at Wikipedia ever) is illogical in light of the massive collection of sources on this issue. The practice is, by definition, torture, and the article should state this in the lead. The fringe opinion, on behalf of some members of the current administration of one country among nearly 200 in the world, that "waterboarding is not torture" (which has been repeated by such individuals as the redlinked new editor) should be mentioned, but not privileged in the lead. Badagnani 23:59, 30 November 2007 (UTC)[reply]

From previous discussion you probably know that I generally agree with your opinion on waterboarding and torture. But let's keep the discussion away from getting personal. Repeatedly hinting at V-Indicate's newness to Wikipedia is out of bounds for this discussion. It doesn't help us reach consensus on the article. —Ka-Ping Yee 05:15, 1 December 2007 (UTC)[reply]

User:V-Indicated

First and foremost let me clarify to you that at no point did I claim that waterboarding was not torture. And if you interpreted my comments as such, you are mistaken. It is irresponsible on your part to make that statement. Clearly you are one of those that brings political and ideological biases to the issue, and you ought to descend from your pedestal. You might be surprised to know my personal position on the matter, but it is completely irrelevant here.

Secondly, the hand you are playing is one to diminish my credibility. I fail to see how this being my first edit on Wikipedia "ever" (under this username, I might add) has any sort of bearing to what I have to say. Is my ability to contribute to this discussion in anyway inferior becasue you assume I haven't edited before? What I am is a Wikipedia user who expects better.

Third, I'll reiterate my position that an encyclopedic entry about waterboarding should describe the act of waterboarding and its origins, uses, etc. That should be the dominant discussion. I never proposed that the opposing viewpoint should be in the lead as you claim I said. You would do yourself justice to read more carefully. What waterboarding is characterized as, whether it is or it isn't torture, is secondary and subjective.

If the definition is so clear cut, as you allege, then why are people challenging its neutrality? If the article would not have begun with "Waterboarding is torture," would you so ardently be promoting the inclusion of that statement?

The logical compromise here is to call waterboarding an interrogation technique, which is a more appropriate term because it is irrefutable and truthful. If you must have the charatarization in the introductory sentence, it would then read "Waterboarding is an interrogation technique that simulates drowning in a controlled environment." By simply changing the wording it turns into a factual scentence without strong language. I think that would be agreeable to you, me, and everyone else, whatever our personal ideologies dictate.

As responsible Wikipedia editors, it is our (the public) duty to ensure that proper and factual information is being made available to people, lest we forget that it is the purpose of Wikipedia.

V-Indicate 03:11, 1 December 2007 (UTC)[reply]

You have some very interesting opinions about this issue, but I think you were clear; you wish to follow the current U.S. administration's bending of the definition and terminology. Wikipedia, although founded in the United States, has no such mission to redefine terms, in the lead of an article, according to current, fringe redefinitions made by a single administration of a single nation. Badagnani 03:37, 1 December 2007 (UTC)[reply]

---

Out of fairness, perhaps you should consider changing the Parrilla (torture) (Electric shock torture) page to remove the possible "political and ideological biases". Just in case the US government or another partner government is using that, we may need a similar change there:
From:
Parrilla is a method of torture where the victim is strapped to a metal frame and subjected to electric shock.
To:
Parrilla is an interrogation technique that simulates electrocution in a controlled environment.
Nospam150 04:09, 3 December 2007 (UTC)[reply]
By this reasoning, Rack (torture) would also need to have its very title changed. Badagnani 04:19, 3 December 2007 (UTC)[reply]

FYI

Waterboarding, long considered a form of torture by the United States, produces a gag reflex and makes the victim believe death is imminent. The technique leaves no visible physical damage.

Republican presidential candidate John McCain, who was tortured as a prisoner of war in North Vietnam, considers waterboarding a form of torture. McCain has been quoted as saying that waterboarding is "no different than holding a pistol to his head and firing a blank."

After World War II, U.S. military commissions prosecuted several Japanese soldiers for subjecting U.S. soldiers to waterboarding, according to Human Rights Watch. In 1968, a U.S. soldier was court-martialed for water boarding a Vietnamese prisoner.

But in October 2006, Vice President Dick Cheney confirmed the United States had used the controversial technique to interrogate senior Al Qaeda suspects, and he said the White House did not consider waterboarding a form of torture.[6] Nomen NescioGnothi seauton 08:06, 23 November 2007 (UTC)[reply]

And Elizabeth de la Vega wrote that under Title 18, United States Code, Section 2340, there is no confusion as to whether these techniques constitute torture.

This argument - that a person cannot know whether his conduct falls within the definition of torture unless it is expressly proscribed by Section 2340 - is precisely the one we've heard from Michael Mukasey with regard to waterboarding.[7]

Nomen NescioGnothi seauton 10:39, 23 November 2007 (UTC)[reply]

I think we've gone over this before. The problem is that the opinions of Dick Cheney et al, are just that: opionions, until challenged by a body that has oversight over their actions, like the Senate/Congress, or a US Court of Law. Their opinions also have no legal bearing on the rest of the world. We will certainly note the minority/fringe view of the current United States government on this, but it would be made clear that its a minority opinion per WP:NPOV, WP:WEIGHT, and so on. • Lawrence Cohen 15:58, 23 November 2007 (UTC)[reply]

Is/isn't torture -- list all sources here

No one seems to dispute at all that waterboarding is considered torture, so far, based on the mini-rfc above. Let's get a collection here of all sources that assert waterboarding is torture, just a collection of links and sources. This is the -the- main bone of contention basically. At the same time, lets also do the same thing with sources that say it isn't torture/isn't considered torture, in the interests of NPOV, and to see what turns up. Anyone who considers it not torture, this is your time to demonstrate that with evidence. • Lawrence Cohen 16:51, 25 November 2007 (UTC)[reply]

Sources that assert waterboarding is torture

From Innertia Tensor

  • 100 U.S. law professors. In April 2006, in a letter to Attorney General Alberto Gonzalez., more than 100 U.S. law professors stated unequivocally that waterboarding is torture, and is a criminal felony punishable under the U.S. federal criminal code.
  • John McCain. According to Republican United States Senator John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal." - Torture's Terrible Toll, Newsweek, November 21, 2005. [8]
reiterated stance in youtube debate on November 28 - stating "I am astonished that you would think such a – such a torture would be inflicted on anyone in our — who we are held captive and anyone could believe that that's not torture. It's in violation of the Geneva Convention." —Preceding unsigned comment added by Remember (talkcontribs) 14:18, 29 November 2007 (UTC)[reply]
  • Lindsey Graham. Republican Senator Lindsey Graham of South Carolina, a member of the Judiciary Committee and a Colonel in the US Air Force Reserves, said "I am convinced as an individual senator, as a military lawyer for 25 years, that waterboarding ... does violate the Geneva Convention, does violate our war crimes statute, and is clearly illegal." [2]
  • U.S. Department of State. In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognizes "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record, U.S. Department of State (2005). "Tunisia". Country Reports on Human Rights Practices. {{cite journal}}: Cite has empty unknown parameter: |month= (help). (ED: There's more to waterboarding than that (dunking) - but it does also involve a form of submersion. Inertia Tensor (talk) 09:51, 26 November 2007 (UTC))[reply]
  • U.S. Law 18/2340. Chapter 18 United States Code, section 2340
On two counts in plain English.
(1) “torture” means 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 Inertia Tensor 09:06, 8 November 2007 (UTC)[reply]
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from— (C) the threat of imminent death Inertia Tensor 09:06, 8 November 2007 (UTC)[reply]
  • For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
  • Benjamin Davis. Benjamin Davis, a professor at the University of Toledo College of Law writes "Waterboarding has been torture for at least 500 years. All of us know that torture is going on." in an OpEd in Jurist, Endgame on Torture: Time to Call the Bluff
  • Jimmy Carter. Former US President Jimmy Carter stated "The United States tortures prisoners in violation of international law" and continued "I don't think it.... I know it" in a CNN interview on October the 10th 2007
  • Mississippi Supreme Court. [9]In the case of Fisher v. State, the Mississippi Supreme Court reversed the murder conviction of an African-American because of the use of waterboarding. "The state offered . . . testimony of confessions made by the appellant, Fisher. . . [who], after the state had rested, introduced the sheriff, who testified that, he was sent for one night to come and receive a confession of the appellant in the jail; that he went there for that purpose; that when he reached the jail he found a number of parties in the jail; that they had the appellant down upon the floor, tied, and were administering the water cure, a specie of torture well known to the bench and bar of the country."
  • International Military Tribunal for the Far East. The Judgment of the International Military Tribunal for the Far East, Chapter 8

    The practice of torturing prisoners of war and civilian internees prevailed at practically all places occupied by Japanese troops, both in the occupied territories and in Japan. The Japanese indulged in this practice during the entire period of the Pacific War. Methods of torture were employed in all areas so uniformly as to indicate policy both in training and execution. Among these tortures were the water treatment, burning, electric shocks, the knee spread, suspension, kneeling on sharp instruments and flogging.

  • Evan J. Wallach, US Federal Judge [10] states that "we know that U.S. military tribunals and U.S. judges have examined certain types of water-based interrogation and found that they constituted torture."

Inertia Tensor (talk) 09:28, 26 November 2007 (UTC)[reply]

From Lawrence Cohen

  • Washington Post, Malcolm Wrightson Nance, a counterterrorism specialist who taught at the Navy's Survival, Evasion, Resistance and Escape (SERE), said "As the event unfolded, I was fully conscious of what was happening: I was being tortured.".
  • CBS News, Larry Cox, Amnesty International USA's executive director. "Its own State Department has labeled water boarding torture when it applies to other countries." - On Bush administration.
  • Public letter to Senator Patrick Leahy, "Waterboarding is inhumane, it is torture, and it is illegal." and "Waterboarding detainees amounts to illegal torture in all circumstances.". From Rear Admiral Donald J. Guter, United States Navy (Ret.) Judge Advocate General of the Navy, 2000-02; Rear Admiral John D. Hutson, United States Navy (Ret.) Judge Advocate General of the Navy, 1997-2000; Major General John L. Fugh, United States Army (Ret.) Judge Advocate General of the Army, 1991-93; Brigadier General David M. Brahms, United States Marine Corps (Ret.) Staff Judge Advocate to the Commandant, 1985-88.
  • Jewish human rights group, "Waterboarding -- an interrogation practice associated with the Spanish Inquisition and prosecuted under U.S. law as torture as much as a century ago -- is unquestionably torture."
  • Galloway, famous war correspondent, Bronze Medal winner in Vietnam, "Is waterboarding torture? The answer to all of these questions, put simply, is yes."
  • Mike Huckabee, Republican Presidential nominee, "He said the country should aggressively interrogate terrorism suspects and go after those who seek to do the country harm, but he objects to "violating our moral code" with torture. He said he believes waterboarding is torture."
I found these tonight. That's 15 notable views sourced. I think I can find more yet. This was just a casual and fairly lazy search. Lawrence Cohen 08:43, 8 December 2007 (UTC)[reply]

Also from Hypnosadist, on these three. NYT, ABC News, BBC News. An ex-CIA interrogator is interviewed. Does not address questions of right or wrong, because the interview shows he believes the act of waterboarding is torture.

Now retired, Kiriakou, who declined to use the enhanced interrogation techniques, says he has come to believe that water boarding is torture but that perhaps the circumstances warranted it.
"Like a lot of Americans, I'm involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique," Kiriakou told ABC News. "And I struggle with it."

More sources yet on this. Lawrence Cohen 21:17, 11 December 2007 (UTC)[reply]

From Badagnani

  • The Washington Post (December 9, 2007): "Waterboarding as an interrogation technique has its roots in some of history’s worst totalitarian nations, from Nazi Germany and the Spanish Inquisition to North Korea and Iraq. In the United States, the technique was first used five decades ago as a training tool to give U.S. troops a realistic sense of what they could expect if captured by the Soviet Union or the armies of Southeast Asia. The U.S. military has officially regarded the tactic as torture since the Spanish-American War."

Badagnani (talk) 03:57, 10 December 2007 (UTC)[reply]

Sources that assert waterboarding is acceptable

Not exactly, but pretty close. See below. Remember (talk) 17:19, 6 December 2007 (UTC)[reply]
"..NEWSWEEK has learned that Yoo's August 2002 memo was prompted by CIA questions about what to do with a top Qaeda captive, Abu Zubaydah, who had turned uncooperative. And it was drafted after White House meetings convened by George W. Bush's chief counsel, Alberto Gonzales, along with Defense Department general counsel William Haynes and David Addington, Vice President Dick Cheney's counsel, who discussed specific interrogation techniques, says a source familiar with the discussions. Among the methods they found acceptable: "water-boarding," or dripping water into a wet cloth over a suspect's face, which can feel like drowning; and threatening to bring in more-brutal interrogators from other nations."Link to article.

Sources that say it is unclear whether waterboarding is torture or not

Andrew C. McCarthy and Mary Jo White say it's not certain. Both are notable attorneys.
-- Randy2063 (talk) 17:48, 6 December 2007 (UTC)[reply]
Please, again, quote where White says that? I don't see it. Lawrence Cohen 17:53, 6 December 2007 (UTC)[reply]
FOUND ACCEPTABLE is OBFUSCATION. That is a different question altogether. Is it acceptable to euthanize the whitehouse, probably these days; is it legal, no. Big difference. Therefore we do not do it. Inertia Tensor (talk) 20:32, 7 December 2007 (UTC)[reply]
I'll repeat here for the sake of continuity: Although, as a civilized people, our immediate and commendable instinct is to declare waterboarding repugnant and unlawful, that answer is not necessarily correct in all circumstances. The operative legal language (both legislative and judicial) does not explicitly bar waterboarding or any other specific technique of interrogation. Instead, it bars methods that are considered to be "torture," "cruel, inhuman and degrading treatment" or that "shock the conscience."
And for those who doubt that the CIA would take this seriously, they've been known to rule against other important operations.
-- Randy2063 (talk) 19:38, 6 December 2007 (UTC)[reply]
This of course is nonsense. See above for links to articles that better explain why. In short, UNCAT does not specify which acts constitute torture, nevertheless you will have great difficulty explaining to a judge that pulling out fingernails and applying electricity to the genitals is not torture. Nomen NescioGnothi seauton 15:56, 7 December 2007 (UTC)[reply]
And additionally, it would be a violation of WP:SYN for us to use this, in this way. Lawrence Cohen 15:58, 7 December 2007 (UTC)[reply]
I'm not completely sure which element of my post you're pointing to wrt WP:SYN. If you mean my link to the the "other important ops" then, sure, but I was only using that preemtively. There are those who aren't willing to accept that the CIA's lawyers are serious lawyers.
Or, were you referring to Nomen's reply to me? That does seem to be something akin to synthesis. After all, much of the "is-torture" POV rests upon a group aggreement about what opponents merely believe to be torture.
UNCAT provides an interesting item that says of the European court, "the use of the five techniques of sensory deprivation and even the beatings of prisoners are not torture." If it's possible that beatings aren't necessarily torture then who's to say that properly controlled waterboarding is? I'm not sure I understand that yet but it may be worth looking into.
-- Randy2063 (talk) 17:34, 7 December 2007 (UTC)[reply]
Sorry I wasn't being clear. I'm basically saying, it's not our place to analyze whether it is or isn't torture, at all, ever. Wikipedia is a teritiary source, only. We aren't going to analyze and conceive of research over whether waterboarding is or isn't torture. We don't care. We only care what sources say. If the overwhelming weight of the sources say, "It's torture," we report as a fact in the article that its torture, full stop. If a minority fringe viewpoint exists that goes contrary to accepted society consensus, which says its not torture on that line, then we can report that, "But such-and-such person considers it not torture." If the weight of sources we reversed, the situation would be reversed, and we'd say "Its not torture, but such and such says it is." A good comparison might be articles on Intellegient design. They say that ID is not accepted as valid science (because its not, based on the overwhelming volume of sources) but the articles fairly make clear who considers it to be valid. That's all we can do. We will not under any circumstances advance a particular minority viewpoint or the viewpoint of any government over everything else in the article. Lawrence Cohen 17:43, 7 December 2007 (UTC)[reply]
I think you just hit on why you have that wrong. For example, what you're saying would be perfectly true if the question was merely about whether it's intended for water to go into the lungs. It either does or it doesn't. The answer (which I won't argue here) should be an objective fact based on medical science and observation.
I don't see any of your sources that are factual like that. They are all opinions. Some are better than others, but they're still opinions. Add up all the opinions and then you might have a consensus of opinion but that doesn't make it into scientific truth. In fact, this is exactly why intelligent design meets the fringe category. Just imagine if somebody found 100 lawyers and politicians to assert that ID is valid science, and see how far that flies.
-- Randy2063 (talk) 18:52, 7 December 2007 (UTC)[reply]
That was a contrasting example, and nothing more. Irregardless of anything else, Wikipedia does not report anything that is not sourced, full stop. If all we have are opinions--which isn't the case, and false for you to say, as we also have court decisions listed here, then we go with the overwhelming weight of notable views and opinions. Please provide a weight of sources that indicate waterboarding is not torture, from reliable sources, or else we're just spinning in circles that won't change the fact that per policy we're only going to be saying "waterboarding is torture". I suspect some people have some sort of personal reasoning or external to Wikipedia reasons to want this, but that doesn't have any value for us and thankfully never will. Lawrence Cohen 19:01, 7 December 2007 (UTC)[reply]
When have I ever asked for something to be included that it not sourced? I've disputed the relevance of some sources we have here. I may have also disputed items or suggested a view without mentioning a source but I never thought about adding something for which a source couldn't conceivably be found.
I'm sorry if you have something that's not an opinion but I don't see it. As I understand it, court decisions are legal opinions. For example, the case for evolution lost in the Scopes Trial. That was merely a legal opinion. It didn't change the facts of the science of evolution.
-- Randy2063 (talk) 20:07, 7 December 2007 (UTC)[reply]
This entire runaway thread is based on a false premise, it is OBFUSCATION. Among the methods they found acceptable: "water-boarding,". There is a big difference between acceptable (in some cases) and is or is not torture. Some people are confusing the concepts of Waterboarding {is/is not} torture Vs Waterboarding {is/is not} okay under some circumstances. This confusion has been accidental in some cases, and very deliberate obfuscation in others (certain politicians).
There are some interesting points in all this text such touching on the fact that EUCOJ putting the brits use of sensory deprivation on Irish Republicans under "cruel and unusual" as opposed to "torture" however, there is nothing in all this block about a source saying waterboarding is not torture. This thread is as relevant to it's cat "Sources that say it is not torture" as the Uncylopedia entry I have below on Waterboarding in the Gaza Strip, or Santa. This is not a source, it is a debate over nothing. Inertia Tensor (talk) 20:26, 7 December 2007 (UTC)[reply]
Ding! I've never once talked about whether it's acceptable, just whether it is/isn't torture based on the sources. And Randy, actually, I'm quite aware of what an opinion versus a fact is. However, unless you're prepared to counter every single source listed with evidence and analysis of why the views expressed are not valid for us to use to state that waterboarding is torture, there's nothing else to be done. It is not our decision. We can only report what sources say. If we have essentially one pundit/ex-United States prosecutor saying, "Waterboarding isn't torture," and volumes of other other sources and experts saying it is, where do you suspect that leaves us? Lawrence Cohen 20:32, 7 December 2007 (UTC)[reply]
I'm not disagreeing with every source. I'm merely saying that every source appears to represent an opinion. (If I'm wrong then please point to one that isn't.) The cumulative weight of all these opinions doesn't turn them into a fact.
It would be factual to say something like "waterboarding is considered torture by most legal experts.". It is merely expressing an opinion to say "waterboarding is torture." That could even be a good opinion -- an opinion held for 500 years -- but it's still an opinion.
I suggest we look here for guidance: WP:NPOV#Let_the_facts_speak_for_themselves
-- Randy2063 (talk) 21:10, 7 December 2007 (UTC)[reply]
"Waterboarding is a type of controlled drowning, that has been long considered a form of torture by numerous experts." ? Lawrence Cohen 21:14, 7 December 2007 (UTC)[reply]
Yes, that's better. I wouldn't even argue if you used "most experts" but I would prefer we found another term for expert.
-- Randy2063 (talk) 22:08, 7 December 2007 (UTC)[reply]
This is a SOURCES discussion on two VERY NARROW issues. Sources that say that WB (or a reasonably read torture definition that would cover it) IS, or IS NOT torture. Not a debate, Andrew C. McCarthy and Mary Jo White do not go there at all - they are seeking to cast possible doubt or questions on whether it is not torture - but nothing more. It's all part of the same deliberate US obfuscation tactics I mention above. Inertia Tensor (talk) 20:30, 7 December 2007 (UTC)[reply]

Sources that assert waterboarding is not torture

Add sources here. —Ka-Ping Yee (talk) 03:45, 8 December 2007 (UTC)[reply]

Other comments

  • Uncyclopedia. Waterboarding is an extreme sport popular among surfers on Middle Eastern beaches. Only recommended for experienced wandsurfers, this sport requires a long, narrow, wedge-shaped board. Practitioners secure themselves to the waterboard and ride, face-down, on the slightest currents. The tide off the Gaza strip is perfect for this sport in summer. [[11]] Inertia Tensor (talk) 09:29, 26 November 2007 (UTC)[reply]
  • Santa Claus. Though he has not stated it is not torture, there is no record anywhere of him saying waterboarding is torture, on monday, when the trees grow, or when the sun is low. We are still checking whether he said it at other times, and until we can confirm, we should not say waterboarding is torture. Inertia Tensor (talk) 10:05, 26 November 2007 (UTC)[reply]
    • It's not necessary to mock the process. I share your opinion that waterboarding is torture, but I think Lawrence is making sincere efforts to find a consensus and we should respect that. —Ka-Ping Yee (talk) 10:51, 26 November 2007 (UTC)[reply]
      • I believe this is not mocking the process, but (some of) its participants... What Lawrence is doing here is really exemplary. GregorB (talk) 10:16, 27 November 2007 (UTC)[reply]
        • Exactly. Anyway, if this gets resolved, I will be calling on all participants to push an RfA for Lawrence. Inertia Tensor (talk) 20:03, 7 December 2007 (UTC)[reply]

New Section

I think we should also create a new section that discusses the notable political debate that is going on about waterboarding individuals. For instance, there has been some buzz that Stephen King said that someone close to George Bush, such as Jenna Bush, should have be waterboarded so that they could get a first hand opinion on whether it was torture. Now former Attorney General Ashcroft has responded to whether he would be willing to be waterboarded with the statement: “The things that I can survive, if it were necessary to do them to me, I would do,” he said." [12]. Also this was mentioned last night in the youtube debate see [13]

One of the evening's most emotional exchanges came in response to a question from Andrew Jones, a college student from Seattle.

"Recently, Senator McCain has come out strongly against using waterboarding as an instrument of interrogation," Jones said.

"My question for the rest of you is, considering that Mr. McCain is the only one with any firsthand knowledge on the subject, how can those of you sharing the stage with him disagree with his position?" he said.

"I oppose torture," Romney said. "I would not be in favor of torture in any way, shape or form."

Prompted by the moderator as to whether waterboarding was torture, Romney said "as a presidential candidate, I don't think it's wise for us to describe specifically which measures we would and would not use."

McCain's response was passionate: "Well, governor, I'm astonished that you haven't found out what waterboarding is."

"I know what waterboarding is, Senator," Romney said.

"Then I am astonished that you would think such a – such a torture would be inflicted on anyone in our — who we are held captive and anyone could believe that that's not torture. It's in violation of the Geneva Convention," McCain said.

What do others think? Remember (talk) 14:17, 29 November 2007 (UTC)[reply]

minor edit

The White House in Contemprary uses should not have quotes.68.173.12.180 (talk) 22:35, 29 November 2007 (UTC)[reply]

Please add to "See also"

Incorrect link to other language

Please remove link to Srpski article. It is not about waterboarding. --Rowaa[SR13] 17 :31, 3 December 2007 (UTC)

Would you please tell us what the article is about? Several other articles on waterboarding are interwikied to it as well. Badagnani 18:09, 3 December 2007 (UTC)[reply]

I don't speak (or read/write) Serbian, but it looks like the Serbian article linked to from this article is about boarding [of a ship at sea] as if to attack the boarded ship. I also don't know how to redirect those links, or how to find the Serbian article on waterboarding. Perhaps our friend above could help us find the right articles. Wilhelm meis 05:07, 4 December 2007 (UTC)[reply]

I see, I just selected "latinica" and see that the links are all about the Pelopponesian War, Punic War, etc. Thus, it's most likely about what you say, and not about waterboarding. Badagnani 05:17, 4 December 2007 (UTC)[reply]
The Serbian article is about (and is now interwiki linked to) Boarding (attack) - no relation to waterboarding. GregorB 14:13, 4 December 2007 (UTC)[reply]

New Sources

Please put any new sources that should or could be included in this article below (Remember 15:34, 4 December 2007 (UTC)):[reply]

  1. How Stuff Works article on Waterboarding
  2. A journalist undergoes Waterboarding, while recorded on cameraEbright82 (talk) 08:26, 12 December 2007 (UTC)[reply]

Downgrade Full protection to semi

This article has now been locked for about a month while lots of information and attention has been focused on the subject. I think we need to reduce the lock to semi-protect so that we can integrate some of this information into the article. If you have a problem with this please state your objection below and what specifically would need to be resolved before you could support a removal of the lock. Remember 15:36, 4 December 2007 (UTC)[reply]

  • Support All the discussion here has been fruitful and collaborative. The IP users who were abusing Wikipedia and vandalizing have opted not to weigh in with discussion, so we can assume their vandalism was just that at this time. Probably was a side effect of the massive media attention at the time, with people trolling Wikipedia to advance their random political POV (whatever it was). Downgrade to long-term semi. We've been through a few rounds now of IPs fighting IPs in edit wars. Lets leave it semi-protected at a minimum to January 1st. Lawrence Cohen 14:35, 5 December 2007 (UTC)[reply]
  • Oppose What has changed - Lawrence is really working hard to get a consensus, but I'm not convinced we have one. Fully unprotected if changed, but will request reprotection if major edits happen without near absolute consensus. Though the IPs fought hardest - this was initiated by registered users. I honestly see no replacement consensus emerging here, and believe until we actually finalize the first paragraph verbatim before unprotection, this WILL start again. We don't need to hash the whole article, we do not to agree on the first paragraph. I don't see consensus. I would go for a more direct tone Waterboarding is torture as i think would AGR and some others, Lawrence will seek consensus, and some others may seek to marginalise this basic fact and boot it down below.... Admin lurkers time to weigh in here. This topic has proven over and over again to have rested peaceful in protection and then exploded upon release. Most notably there is a wild contrast between Remember and a few of us - that can not be consensus or even close to it. It is a given that we will end up disputing heavily, but going our best to stay calm about it. until the differences stated by users above are reconciled to consensus, this is a ticking bomb. The person whose view on Waterboarding is torture type leads most wildly diverged in the above USER statements section is asking for unprotection - I think we can not do this. We need consensus, time alone is not a factor here. Inertia Tensor (talk) 06:14, 6 December 2007 (UTC)[reply]
I'm a little confused by your above statement. Is it your position that we need to agree on the text of the opening paragraph before unprotecting the article, but that once this is agreed upon you are willing to allow for unprotection? Remember (talk) 13:59, 6 December 2007 (UTC)[reply]
Yes. Main protagonists are all participating. Changing to weak oppose - I have HUGE AFG in L. Fundamentally I want to see YOU and RANDY find a consensus with the rest of us, we won't 3RR and you won't either, but we will, and have started things that went nuclear from others. THERE IS NO CONSENSUS, and I am not that trusting the way things have been. Reasons for AGF have been damaged. There is more to EDITWARRING than 3rr.Inertia Tensor (talk) 23:06, 6 December 2007 (UTC)[reply]
See my proposal below to resolve lead issue. Remember (talk) 23:42, 6 December 2007 (UTC)[reply]
  • Support per Lawrence Cohen. The biggest stumbling point here was should the article intro say outright that waterboarding is torture. However #Sources_that_assert_waterboarding_is_not_torture, the section above, is still empty; I've tried to find these sources, but I couldn't (apart from NN bloggers or such); maybe I didn't look that hard. I could only find people in the third category ("Sources that appear to question the status of waterboarding, but don't say whether it's torture or not"): Michael B. Mukasey and Rudy Giuliani[14]. Is this all? If it is, then I guess the situation is much clearer now. Let's unprotect it and see what happens. GregorB (talk) 15:25, 6 December 2007 (UTC)[reply]
Problem is some people do not want torture in lead, regardless of whether it has backing or not. Daly it has proven over and over again that they simply don;t care (not all). I am not talking about just now - but the past 2 years. Also, see the user responses in an above section. Giuliani does not say WB=T. Giuliani says it might be okay in some circumstances. Many in the US seize on that, viciously distort it - and practice OBFUSCATION buy confusing people between Is it torture and is it acceptable. TWO VERY DIFFERENT QUESTIONS. Look at Randy, he just does not want it involved in lead - look at the edit history - there is no safe consensus. This WILL erupt. Inertia Tensor (talk) 23:14, 6 December 2007 (UTC)[reply]
If it erupts, and a minority of people edit war to go against consensus and violate WP:NPOV, they may end up with administrative problems. :( Lawrence Cohen 23:17, 6 December 2007 (UTC)[reply]
Inertia Tensor presents a very good analysis. The minority arguments presented appear to be attempting to convince readers that this practice is not that bad, even acceptable in some cases, and in fact should be used. However, that is a separate argument from whether it meets the definition of a form of torture and should be stated as such in the lead. It is, and it should be. If it is not, then Rack (torture) will need to have its title changed. Badagnani (talk) 23:35, 6 December 2007 (UTC)[reply]
Inertia is spot-on with his analysis. The problem is we have one source that says its acceptable-ish, and another that says its not torture and is acceptable. I just casually pulled another batch of sources out tonight that show waterboarding is torture. Not to be silly, but its now 15 to 1 or 15 to 1.5, depending on how you count it on each issue. At what point does the consensus and facts become painfully clear? Lawrence Cohen 08:45, 8 December 2007 (UTC)[reply]
It is apparent that the fair and balanced-crowd think that unless we have a 100+ to 1 sourced position there effectively is a controversy and we are mandated to teach the controversy. Others may think that any position that is extremely different from the mainstream and supported by only a staggering minority of politicians does not warrant equal time in this article. Nomen NescioGnothi seauton 14:58, 9 December 2007 (UTC)[reply]

Waterboarding "IS" torture - what article will have to say per policy

Per policy, we can only report verifiable facts that are sourced and attributable. Fringe or irrelevant border views and opinions will get minimal or passing mention, as they are unaccepted fringe theories. As we have no reliable sources that state the attributable fact that "waterboarding is not torture," Wikipedia per our policies is only allowed to report an opening lead sentence and paragraph that opens with (wording can vary from this, but the intent and message may not),

"Waterboarding is an act of torture, which takes the form of simulated drowning."

As a call for quite some time has been out for sources which meet WP:RS to state that waterboarding is not torture has sat empty, without evidence or sources which meet our policy standards to say this, Wikipedia is not allowed to say anything but that waterboarding IS torture. If people can find sources that quote specific notable individuals who are authorities on torture, or law related to such things, who say that waterboarding is not torture, we can certainly quote them. However, as all the evidence and historical facts in sources contradict them, their fringe and minority viewpoints will be dealt with in minimal passing, per WP:WEIGHT#Undue_weight, which says:

From Jimbo Wales, paraphrased from this post from September 2003 on the mailing list:
  • If a viewpoint is in the majority, then it should be easy to substantiate it with reference to commonly accepted reference texts;
  • If a viewpoint is held by a significant minority, then it should be easy to name prominent adherents;
  • If a viewpoint is held by an extremely small (or vastly limited) minority, it does not belong in Wikipedia (except perhaps in some ancillary article) regardless of whether it is true or not; and regardless of whether you can prove it or not.
If you are able to prove something that few or none currently believe, Wikipedia is not the place to premiere such a proof. Once a proof has been presented and discussed elsewhere, however, it may be referenced. See: Wikipedia:No original research and Wikipedia:Verifiability.

Therefore, barring people presenting any evidence to the contrary, any attempts to say or mangle this article once it is unprotected to say that waterboarding is not torture is completely incompatible with Wikipedia policies and will be promptly removed. Lawrence Cohen 16:16, 6 December 2007 (UTC)[reply]

I've cited Andrew C. McCarthy a number of times before. I'll add Mary Jo White now. Both are notable attorneys. Neither of them say with certainty that it's not torture. They're simply saying (to put it most kindly) that the opponents are speaking without knowing or considering all the facts.
The biggest problem I see with your POV is not that you want it called "torture" but that you may stamp it as such in a generic fashion without mentioning names. I would prefer it be remembered where people stood.
-- Randy2063 (talk) 16:41, 6 December 2007 (UTC)[reply]
Thanks. Its really not my POV; I'm just regurgitating what the overwhelming volume of sources say. And yes, we can certainly not if a given person says a specific view, but the lead has to reflect what the majority and consensus (consensus of sources, not us as editors) says. Lawrence Cohen 16:48, 6 December 2007 (UTC)[reply]
Can you also list your specific pro-torture sources in the appropriate section above? I'm not sure why you hadn't previously. Thanks! Lawrence Cohen 16:49, 6 December 2007 (UTC)[reply]
Having re-read the Mary Jo White source, it is not valid. There is no claim there that waterboarding is not torture. Can you quote the specific passage there that waterboarding is not torture? Lawrence Cohen 16:51, 6 December 2007 (UTC)[reply]
But it is somebody's POV, or a that of a large group of people. I'll concede that there is a consensus but it's made up primarily of people who chose certain positions in this current war. Like it or not, some of these divisions will affect how these smaller issues are viewed. It is doubtful that they could maintain these positions if the sides change, and so it's hard for me to take that POV seriously.
I did say that neither of their opinions was that it's definitely not torture. McCarthy's is that we don't know enough to say. White's is that it's the proper position to take.
I saw the section looking for the not-torture position but it became muddled and I didn't think it worth the bother. I'll add it shortly.
I'll also add that the CIA's lawyers reportedly decided that it's not technically torture.
-- Randy2063 (talk) 17:48, 6 December 2007 (UTC)[reply]
The vast array of sources above that say it is torture aren't specifically about the Iraq War. McCarthy does say outright he doesn't think it's torture. Please, again, quote where White says that? I don't see it. Lawrence Cohen 17:52, 6 December 2007 (UTC)[reply]
Here: Although, as a civilized people, our immediate and commendable instinct is to declare waterboarding repugnant and unlawful, that answer is not necessarily correct in all circumstances. The operative legal language (both legislative and judicial) does not explicitly bar waterboarding or any other specific technique of interrogation. Instead, it bars methods that are considered to be "torture," "cruel, inhuman and degrading treatment" or that "shock the conscience."
Let's just say I think the "vast array of sources" tends to be biased in one way or another, and most of them will not retain that position if they're pushed. I don't necessarily mean that as a slam against the other side. The U.S. government was once so adamantly against unrestricted submarine warfare that it drove them into WWI. They changed their minds when events called them to take a closer look at it. This crowd would do the same on waterboarding. They just hadn't been tested yet.
-- Randy2063 (talk) 18:18, 6 December 2007 (UTC)[reply]
There is another problem here, in what you've said. The current US government view (as sourced) is just one lone view, and doesn't decide the tone and content of this article. It needs to be a world view. Our country is just one country, and unfortunately, based on weight of sources a WP:FRINGE view that needs to be limited in impact on the article per WP:WEIGHT. Lawrence Cohen 18:21, 6 December 2007 (UTC)[reply]
That's why I felt the need to mention the lesser-relevance of the "vast array of sources". Most of them have not been fully tested. The rest of the world can say anything they like with little or no cost to themselves. Theirs may be a loud opinion but it's not an important one.
It's like asking the Swiss for their opinions on whaling.
-- Randy2063 (talk) 18:38, 6 December 2007 (UTC)[reply]
Unfortunately, any sort of US-centric or Western-centric view on this is unacceptable and will violate WP:NPOV, a core and non-negotiable policy if we give any undue weight to the modern US view. We can do nothing but build articles out of available sources, with no original thought or research of our own. Therefore, we can only say that waterboarding is torture, based on overwhelming evidence. However, we'll certainly note that the current US government won't address the topic, and that some conservative American pundits feel it isn't torture. Lawrence Cohen 23:12, 6 December 2007 (UTC)[reply]
How is it you say "based on overwhelming evidence"? I think you mean based on overwhelming opinions. The article should name names so that we know whose opinions.
It's a tad bit odd to say "the current US government won't address the topic." While that's technically true (and is expected to remain true for the succeeding administration based upon what all the front-runners have said), it has also been addressed in leaks that CIA lawyers say it's not technically torture. And if you say the leaks aren't enough, then it's hard to say that anyone was waterboarded at all.
McCarthy and White may be "pundits" but they're both attorneys who've been instrumental in this fight against fascism. It's fine with me if we put everything out there, pro and con, but let's apply some names to these opinions so that no one forgets who stood where.
-- Randy2063 (talk) 23:42, 6 December 2007 (UTC)[reply]
  • Comment - The sources (many reliable ones) are here, in black and white. We so far have only two sources stating unequivocally that waterboarding is not a form of torture: The Onion and Uncyclopedia. Lawrence Cohen's proposal above is quite sensible, and I support it. Badagnani (talk) 23:46, 6 December 2007 (UTC)[reply]
  • Comment - This seems very similar to the tobacco industry's "the jury is still out" argument, used for decades in an effort to cast doubt, among the general public, on the fact of cigarette smoke's serious negative impacts on health (even though they knew quite well of those impacts all along). You just don't have any sources that would warrant not listing waterboarding as a form of torture in the lead, and seem to now be resorting to a delaying tactic in order to prevent consensus. Badagnani (talk) 18:48, 6 December 2007 (UTC)[reply]
  • Comment - The view that waterboarding is not torture (on behalf of the George W. Bush administration, CIA, or whoever, if this has actually been stated) should be mentioned, but this fringe view should not be privileged in the lead. Badagnani (talk) 18:52, 6 December 2007 (UTC)[reply]

I agree that there is no official source that specifically says waterboarding is not torture (at least I can't find one). I also think we do need to mention somewhere in the article how the Bybee memo defined torture for the Bush Adminstration as "acts inflicting...severe pain or suffering, whether mental or physical." Physical pain "must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death." Mental pain "must result in significant psychological harm of significant duration, e.g., lasting for months or even years," as well as be the result of one of the specific causes of mental pain contained 18 USC 2340, "namely: threats of imminent death; threats of infliction of the kind of pain that would amount to physical torture; infliction of such physical pain as a means of psychological torture; use of drugs or other procedures designed to deeply disrupt the senses, or fundamentally alter an individual's personality; or threatening to do any of these things to a third party." The memo also concluded that even though an act is "cruel, inhuman, or degrading," it doesn't necessarily inflict the level of pain that 18 USC 2340 prohibits, and thus does not subject an interrogator to criminal prosecution. Additionally, it stated that a defense of "necessity or self-defense may justify interrogation methods" that violate 18 USC 2340.. Remember (talk) 17:00, 6 December 2007 (UTC)[reply]

Finally, I found what I was looking for: according to a news report by Newsweek, "..NEWSWEEK has learned that Yoo's August 2002 memo was prompted by CIA questions about what to do with a top Qaeda captive, Abu Zubaydah, who had turned uncooperative. And it was drafted after White House meetings convened by George W. Bush's chief counsel, Alberto Gonzales, along with Defense Department general counsel William Haynes and David Addington, Vice President Dick Cheney's counsel, who discussed specific interrogation techniques, says a source familiar with the discussions. Among the methods they found acceptable: "water-boarding," or dripping water into a wet cloth over a suspect's face, which can feel like drowning; and threatening to bring in more-brutal interrogators from other nations."Link to article. I think this is as close to we get as saying the Bush administration concluded waterboarding isn't torture. While it is not an official position, it should be noted that the article accused the Bush administration of having this position. Remember (talk) 17:17, 6 December 2007 (UTC)[reply]
That's possibly questionable, since its a 3rd party view accusing a group (the Bush Administration) of something that may or may not be legally actionable against them. I'd be hesitant to use this for that reason, and it may not be useable under valid interpretations of policy. Lawrence Cohen 17:34, 6 December 2007 (UTC)[reply]
I was thinking that the article should simply note what had been reported. I don't think this would violate any of Wikipedia's policies. Something such as: In mid-2004, Newsweek reported a story based, in part, on anonymous sources by Michael Hirsh, John Barry and Daniel Klaidman that stated that the 2002 Bybee Memo was created after internal discussions among the top White House lawyers including George W. Bush's chief counsel, Alberto Gonzales, along with Defense Department general counsel William Haynes and David Addington, Vice President Dick Cheney's counsel. In these discussions, the story alleged that this group found acceptable certain interrogation techniques including ""water-boarding," or dripping water into a wet cloth over a suspect's face, which can feel like drowning; and threatening to bring in more-brutal interrogators from other nations. Remember (talk) 18:06, 6 December 2007 (UTC)[reply]

Lead

The most contentious subject on this article so far is what the lead will say. So I have set up this section so that we can build a consensus on the lead. Here is how I propose that we do this (and feel free to argue for another solution): People will propose there various leads and then everyone interested in the discussion will state their opinion as either strong support, weak support, neutral, weak oppose, or strong oppose. People should vote on every version to facilitate discussion and negotiation. After we have got a consensus, we will ask for the page to be unprotected, insert the lead and monitor it for any vandalism. Hopefully, this we will be able to narrow down issues and finally resolve the lead (at least until a bunch of other interested editors come around).

Participants involved in resolving lead

  1. Remember (talk) 23:41, 6 December 2007 (UTC)[reply]
  2. Lawrence Cohen 23:49, 6 December 2007 (UTC)[reply]
  3. Inertia Tensor (talk) 19:58, 7 December 2007 (UTC)[reply]
  4. Ka-Ping Yee (talk) 14:55, 10 December 2007 (UTC)[reply]
  5. agr (talk) 15:07, 10 December 2007 (UTC)[reply]

Proposed leads

Current version on page

Waterboarding is a torture technique that simulates drowning in a controlled environment. It consists of immobilizing an individual on his or her back, with the head inclined downward, and pouring water over the face[3] to force the inhalation of water into the lungs.[4] Waterboarding has been used to obtain information, coerce confessions, punish, and intimidate. In contrast to merely submerging the head, waterboarding elicits the gag reflex,[5] and can make the subject believe death is imminent. Waterboarding's use as a method of torture or means to support interrogation is based on its ability to cause extreme mental distress while possibly creating no lasting physical damage to the subject. The psychological effects on victims of waterboarding can last long after the procedure.[6] Although waterboarding in cases can leave no lasting physical damage, it carries the real risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries as a result of struggling against restraints (including broken bones), and even death.[7]

Numerous experts have described this technique as torture.[8][9][10][11][12][13][14] Some nations have also criminally prosecuted individuals for performing waterboarding, including the United States.[15]

The practice garnered renewed attention and notoriety in September 2006, when further reports claim that the Bush administration had authorized the use of waterboarding on extrajudicial prisoners of the United States. ABC News reported that current and former CIA officers stated that "there is a presidential finding, signed in 2002, by President Bush, Condoleezza Rice and then-Attorney General John Ashcroft approving the 'enhanced' interrogation techniques, including water boarding."[16] According to Republican United States Senator John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture", "no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal."[17] Waterboarding has become an issue in the nomination of Michael B. Mukasey to be the next U.S. Attorney General. In his Senate confirmation hearing, Mukasey refused to say if he considered waterboarding a form of torture, claiming he did not know the details of how waterboarding was conducted. Several Senators have indicated they will not vote for him without an affirmative answer.[18]

Votes to support or oppose current version
  • Weak Support - I like the current lead a lot, but I think we can do a little better. Remember (talk) 23:41, 6 December 2007 (UTC)[reply]
  • I can support this. Lawrence Cohen 23:49, 6 December 2007 (UTC)[reply]
  • I don't support this. It does not "simulate" drowning, as if done correctly the person is actually drowning (with some actually dying). Also, I believe it should not be described as a "technique" (implying that there's some kind of art to performing it) but as a "form of" torture. I believe Mukasey is the U.S. Attorney (the proposed text says he is being considered for this job). Also, the U.S. did not simply "authorize" waterboarding as stated in the text, it actually used it. Badagnani (talk) 00:01, 7 December 2007 (UTC)[reply]
Could you please provide a proposed version of the lead that address your concerns so that we can discuss it.Remember (talk) 00:07, 7 December 2007 (UTC)[reply]
  • Comment - The concerns expressed above are the only modifications I would propose. Badagnani (talk) 00:11, 7 December 2007 (UTC)[reply]
  • No -- It's fixable but I cannot support this. There are a number of simple problems.
First, "Numerous experts have described this technique as torture." Let's name some names so that the readers know who they are. You have John McCain but he's a candidate for president. You can find more suitable ones with very little effort.
The part about Michael B. Mukasey isn't sufficiently relevant for the lead, but those who criticized him for this would probably be good choices for the names we identify here. The critics shouldn't have to hide behind John McCain.
Second, "Some nations have also criminally prosecuted individuals for performing waterboarding, including the United States." That's a can of worms that doesn't belong in the lead. Those prosecuted have done other things as well so it's misleading to imply that that alone was considered torture.
Third, "had authorized the use of waterboarding on extrajudicial prisoners of the United States." This implies that all extrajudicial prisoners were subjected to waterboarding. The actual number was three.
Fourth, it should also say that this was reportedly done with legal guidance.
Considering the history of this article, I don't think I'm asking for much here.
-- Randy2063 (talk) 00:49, 7 December 2007 (UTC)[reply]
Also, I thought "to force the inhalation of water into the lungs" had been discarded earlier.
-- Randy2063 (talk) 01:32, 7 December 2007 (UTC)[reply]
Sixth, I had relaxed a bit but the more I think about it, the more I realize that it's wrong to call it torture without qualification. I'll cite this possible solution more prominently.
-- Randy2063 (talk) 22:03, 7 December 2007 (UTC)[reply]
  • Comment - You should, by this reasoning, let the facts speak for themselves and change the title of Rack (torture). Badagnani (talk) 22:05, 7 December 2007 (UTC)[reply]
Could you please provide a proposed version of the lead that address your concerns so that we can discuss it.Remember (talk) 00:07, 7 December 2007 (UTC)[reply]
If I did, it would look a lot like yours, and I don't think it'll fly here. Somebody would try to round up another posse from the fringe theories noticeboard. Apparently, in this case a fringe theory is something that isn't accepted by the folk wisdom of the masses.
-- Randy2063 (talk) 17:44, 7 December 2007 (UTC)[reply]
If you support mine and that is what you would also suggest, then please state so under the votes to support my suggested revision. But I still urge you to provide your own suggestion that you can endorse. I think the only way we will be able to move forward is if everyone states their opinion clearly and openly. Remember (talk) 18:47, 7 December 2007 (UTC)[reply]
By the way, why is McCain not a suitable source? Because he's running for President...? Lawrence Cohen 18:51, 7 December 2007 (UTC)[reply]
LOL Inertia Tensor (talk) 19:57, 7 December 2007 (UTC)[reply]
McCain's views aren't typical. It's okay to use him, but the use of his name as a sole political source may be interpreted by others as a shield for the rest of the politicians to hide behind. I really don't think it's too much to ask that we get more names, particularly when the gripe against my view is that it's fringe. If it's fringe then the tough part should be how to limit this to just a few for the lead. And, quite frankly, I do prefer that those who take this view shouldn't be allowed to hide behind John McCain.
BTW: I'll reiterate here that we should look here: WP:NPOV#Let the facts speak for themselves
-- Randy2063 (talk) 21:30, 7 December 2007 (UTC)[reply]
"And, quite frankly, I do prefer that those who take this view shouldn't be allowed to hide behind John McCain."
Possible political considerations involving Waterboarding, and things of this nature, have nothing to do with Wikipedia in any way and are not allowed as a factor in how articles are constructed. Lawrence Cohen 21:34, 7 December 2007 (UTC)[reply]
That horse left the barn long before I got to this article. It appears to be the reason some want it called outright torture instead of merely commonly accepted as such.
In any case, the rest of my comment is still true. John McCain could be worth noting because he crossed the aisle to make that statement but he's hardly the only player. It shouldn't be difficult at all to come up with more names when you think that position is so overwhelming.
-- Randy2063 (talk) 21:54, 7 December 2007 (UTC)[reply]
I simply want it called torture, because every source I've been presented with except for functionally 1.5 sources all say it is torture. I'm sure when I have time I could dig up more sources. How many would it take to satisfy you? I'm genuinely not trying to be difficult, but you seem to be arguing based upon your personal views on the rightness or wrongness of torture, or local partisan politics. You also mentioned on this page that the view I'm pushing for--which is the view of all our sources, save for 1.5--are "folk theory". Folk theory is consensus, and the consensus of our sources, opinions or otherwise, is that waterboarding is torture. That is why I want the article to say that. Lawrence Cohen 22:03, 7 December 2007 (UTC)[reply]
I'm not trying to be difficult either. I could easily believe it's torture, but that's from my own perceptions of what torture is, and I recognize that it's a sliding scale. People won't always draw the line in the same place.
If you say here that it's based on consensus then why can't the article say that a consensus believes it's torture? Then we can list the types of people who've formed that consensus, who disagrees, and why each believes as they do.
-- Randy2063 (talk) 00:04, 8 December 2007 (UTC)[reply]
  • Oppose. Messy have constructed artefact of sudden need to protect. Possible OR in places, just a mess really. Inertia Tensor (talk) 19:56, 7 December 2007 (UTC)[reply]

Remember's version of the lead

Waterboarding is a term used to describe the act of immobilizing an individual on his or her back, with the head inclined downward, and pouring water over the face to make the subject feel that they will drown to death.[19] In contrast to merely submerging the head, waterboarding elicits the gag reflex, and makes the subject believe death is imminent.[20]

As early as the Spanish Inquisition a form of waterboarding has been used to obtain information, coerce confessions, punish, intimidate, and terrorize. The advantage of using waterboarding as a means of interrogation is based on its ability to cause extreme mental distress while possibly creating no lasting physical damage to the subject. The psychological effects on victims of waterboarding can last long after the procedure.[6] Although waterboarding can leave no lasting physical damage, it carries the real risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries as a result of struggling against restraints (including broken bones), and even death.[21]

Waterboarding is widely considered to be torture.[22][23][24][25][26][27][28] (See Classification of Torture section below for further details), and nations,including the United States, have criminally prosecuted individuals for performing waterboarding as violating prohibitions against torture.[15]

The use of waterboarding gained attention and notoriety in the United States when the press claimed that the Bush administration had used waterboarding to interrogate some extrajudicial prisoners of the United States. [29]

Votes to support or oppose Remember's version
  • Support (of course since it's mine). If you do not like this version please propose your own version or revisions for discussion. Remember (talk) 03:43, 7 December 2007 (UTC)[reply]
  • Oppose Unclear, it is a form of torture, and that should be on top to aid comprehension. Inertia Tensor (talk) 19:48, 7 December 2007 (UTC)[reply]
Outside of the fact that it doesn't have torture at the beginning is there any other objects to the rest of the text? Remember (talk) 20:08, 7 December 2007 (UTC)[reply]
I object strongly to the lead issue, but aside from that it is smaller stuff which is not such a big deal. This following bit could fall to OR claims, rather not have it "The advantage of using waterboarding as a means of interrogation is based on its ability to cause extreme mental distress while possibly creating no lasting physical damage to the subject", additionally it is said to be more than an interrogation process, and indeed it is under dispute whether it is really a (workable) interrogation process. Inertia Tensor (talk) —Preceding comment was added at 20:20, 7 December 2007 (UTC)[reply]
Good point. I debated about adding this but I think your assessment is right. My proposal now strikes that sentence. Any other suggestions or problems? Remember (talk) 20:38, 7 December 2007 (UTC)[reply]
I believe the fact the practice leaves no (physical) scars has indeed been mentioned in the sources as one reason for its use. Badagnani (talk) 20:40, 7 December 2007 (UTC)[reply]
Badagnani, does this mean you think the sentence should be included? Also, do you support or oppose the above suggestion? Do you have any other comments on it? Remember (talk) 20:48, 7 December 2007 (UTC)[reply]
  • Support -- it's not perfect, and the sources need to be checked, but it skirts the core problem. -- Randy2063 (talk) 21:15, 7 December 2007 (UTC)[reply]
  • Oppose -- Most of this is fine, but the description of the procedure needs to clearly indicate that water is poured into the subject's breathing passages, that this is what induces choking and gagging. —Ka-Ping Yee (talk) 13:23, 10 December 2007 (UTC)[reply]

Inertia Tensor's version of the lead

Waterboarding is a form of torture[30][31][32][33][34][35][36][37][38] which consists of immobilizing an individual and pouring water over his or her face to simulate drowning. Waterboarding has been used to obtain information, coerce confessions, and also to punish, and/or intimidate. It elicits the gag reflex, and can make the subject believe his or her death is imminent while not causing physical evidence of torture.

The practice garnered renewed attention and notoriety in September 2006 when further reports charged that the Bush administration had authorized the use of waterboarding on extrajudicial prisoners of the United States, often referred to as "detainees" in the U.S. war on terror.[39] ABC News reported that current and former CIA officers stated that "there is a presidential finding, signed in 2002, by President Bush, Condoleezza Rice and then-Attorney General John Ashcroft approving the 'enhanced' interrogation techniques, including water boarding."[40] According to Republican United States Senator John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture", "no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal."[41]. US Vice President Dick Cheney has endorsed the technique for terror suspects, saying it was a "no-brainer" if the information it yielded would save American lives. [42]

Votes to support or oppose Inertia Tensor's version
  • Support Obviously, I put it there. This was the last consensus achieved version, however it appears we need a new consensus. Inertia Tensor (talk) 19:51, 7 December 2007 (UTC)[reply]
  • Weak oppose - I don't mind labeling waterboarding as torture but I just don't think it should be the first statement in the article. This is for two reasons: (1) I think a description of waterboarding is more appropriate to be first as per general encyclopedic style and (2) it makes the article look as if it is specifically designed to rebut those in the United States who say it is not torture or refuse to say whether waterboarding is or is not torture and this makes the article appear as if it is not simply reporting the facts but instead advocating one position (even if it really isn't). I would be much more willing to accept the statement that "waterboarding is torture" early in the lead if there was a link in the lead to later in the article where the issue was discussed fully. As for other constructive criticism, I also think the lead should contain information on the real risks of physical danger to the victim. Also, I think the second paragraph should end after the second sentence because the McCain statement just reiterates the fact that waterboarding is torture and the Cheney statement does not technically deal with waterboarding since he was responding to a question about a "dunk in the water." Remember (talk) 20:36, 7 December 2007 (UTC)[reply]
Let me mull this over - I think your and my points can be resolved. I especially agree with you on McCain - that is there as is because it was used to back up the lead when the torture word got white washed out by some. If the lead is somewhat stable we don't need to go listing sources in main text, unless highly relevant. Off to think. Thank you for a highly constructive answer. I would however also say to dump Cheney from the lead if McCain goes, as I believe that though later denials suggest otherwise - Cheney was talking about WB, and trivialising it. Officially we do not know either way - so like the other UNDUE Weight, he needs to get bumped down - in fact their is a far stronger case for bumping Cheney down that McCain - so certainly Cheney, maybe McCain. Inertia Tensor (talk) 20:42, 7 December 2007 (UTC)[reply]
  • Oppose - Oppose "simulated drowning". Either it is the process of drowning or it is not. As drowning is "death caused by suffocation (from liquid)", it cannot be simulated as death cannot be simulated. I would recommend avoiding the use of "simulated" as it is meaningless in this context. Possibly: "Waterboarding is a form of torture which consists of immobilizing an individual and pouring water over his or her face to evoke the instinctive fear of drowning."Nospam150 (talk) 20:54, 8 December 2007 (UTC)[reply]
  • Oppose - As long as there is controversy over whether or not it is or is not torture, we need to couch it as such. Let it says "an interrogation technique which many regard as torture" or something to that effect. Myself, since it causes no persisting or lasting physical harm, I do not regard it as torture. —Preceding unsigned comment added by Blockhouse (talkcontribs) 16:55, 11 December 2007 (UTC)[reply]
What controversy is there besides that involving the United States government? Because one government may or may not consider something torture has zero bearing on whether it is or not. We have no sources that support what you are saying either, beyond two pundits. Please provide sources or else retract your oppose as unsourced. We make decisions based on policy, not personal views. Lawrence Cohen 16:58, 11 December 2007 (UTC)[reply]

Ka-Ping Yee's version of the lead

Waterboarding consists of immobilizing a person on his or her back, with the head inclined downward, and pouring water over the face and into the breathing passages[43]. Through forced suffocation and inhalation of water, the subject experiences the process of drowning in a controlled environment and is made to believe that death is imminent[44]. In contrast to merely submerging the head face-forward, waterboarding almost immediately elicits the gag reflex[45]. Although waterboarding can be performed in ways that leave no lasting physical damage, it carries the real risks of extreme pain, damage to the lungs, brain damage caused by oxygen deprivation, injuries (including broken bones) due to struggling against restraints, and even death[46]. The psychological effects on victims of waterboarding can last for years after the procedure[6].

Waterboarding has been historically known accepted as a method of torture since its use during the Spanish Inquisition.[47] It has been used to obtain information, coerce confessions, punish, and intimidate. Today it is considered to be torture by a wide range of authorities, including legal experts[48][49], politicians[50], war veterans[51][52], intelligence officials[53], military judges[54], and human rights organizations[55][56]. The use of Waterboarding gained recent attention and notoriety in the United States when the press reported that the CIA had used waterboarding in the interrogation of certain extrajudicial prisoners [57] and that the Justice Department had authorized this procedure[58].

Votes to support or oppose Ka-Ping Yee's version
  • (Support.) Here's my attempt; I'm trying to combine User:Remember and User:Inertia_Tensor's drafts while addressing comments by User:Nospam150, User:Remember, and User:Randy2063 above. I would suggest putting the United States controversy in a section of its own, and the legal status of waterboarding with respect to definitions of torture in a section of its own. Please feel free to suggest improvements. Thanks to all for your continued patience and constructive participation. —Ka-Ping Yee (talk) 14:32, 10 December 2007 (UTC)[reply]
  • Support I think this is the right track. I would change "historically known as a method of torture" to "considered a method of torture," and I think the lede should mention the frequent reports that the U.S. has attempted to justify its use of waterboarding in secret legal opinions that say it isn't torture. That's central to the current controversy. This can be elaborated on in the section on U.S. use.--agr (talk) 15:20, 10 December 2007 (UTC)[reply]
  • Support I think this is the best compromise version. Only request. Change this sentence:
Waterboarding has been historically known as a method of torture since its use during the Spanish Inquisition.
to:
Waterboarding has been historically accepted as a method of torture since its use during the Spanish Inquisition.
With that slight change at this time I'd have no problem with this one. The wording on the historical consideration of waterboarding as torture needs to be be more solid and concrete per the weight of all the sources. The wording can be slightly different, but I think the most important thing for readers to take away is that before the current United States brouhaha, there was never any serious demonstrated consideration or doubt that waterboarding was considered torture. Lawrence Cohen 16:23, 10 December 2007 (UTC)[reply]
User:Lawrence Cohen: I have edited this draft of the lede as you suggested. —Ka-Ping Yee (talk) 02:39, 11 December 2007 (UTC)[reply]
  • Almost support -- "extrajudicial prisoners" implies it could have been all or many of them. That term is used for every one of the hundreds of detainees at GTMO. It also needs to say that the CIA did this with legal guidance and congressional oversight. You can add that the legal guidance is controversial or disputed if you like but we shouldn't give the impression that it was done without checking at all. -- Randy2063 (talk) 16:22, 10 December 2007 (UTC)[reply]
That extra level of detail can go in the United States section; the role of the article isn't to defend our country. It doesn't really imply what you're saying it implies, at all. It just says that the CIA used waterboarding. Lawrence Cohen 16:24, 10 December 2007 (UTC)[reply]
Yes, but you put "considered to be torture" and "wide range of experts" in the lead without a defense. I'd understand not going into detail but we shouldn't say it was done without concern for the law -- especially when most people already believe other things that aren't true about this. -- Randy2063 (talk) 16:44, 10 December 2007 (UTC)[reply]
May I suggest: "The use of waterboarding gained recent attention and notoriety in the United States when the press reported that the CIA had used waterboarding in the interrogation of someextrajudicial prisoners and that the U.S. has attempted to justify its use of waterboarding in secret legal opinions that say it isn't torture." I think the secret memo bit is a major part of the current controversy and this belongs in the lede.--agr (talk) 18:30, 10 December 2007 (UTC)[reply]
What defense of the historical acceptance that waterboarding is torture exists? Are we actually going to suggest it wasn't considered torture in the 1700s and 1800s, retroactively, because the current US government administration may or may not privately consider it torture? Nonsense. Lawrence Cohen 18:38, 10 December 2007 (UTC)[reply]
I doubt that the same procedures and safeguards were used in the 1700s. But I'm not arguing that it wasn't and isn't popularly thought of as torture by the TV-watching masses. You can call it torture all day long if you like. The trouble is when you put it into an article. We shouldn't be convicting some people for something that's barely understood to have happened while at the very same time WP policy says we can't call Saddam Hussein a bad man.
It's not just Saddam either. WP is full of articles about GTMO detainees who are all given the supposed benefit of the doubt here because much of the documents are classified. So, fascism is given the benefit of the doubt but those who fight fascism are not.
-- Randy2063 (talk) 00:40, 11 December 2007 (UTC)[reply]
User:Randy2063: I've edited this draft of the lede to address your comments (insertion of "certain" before "prisoners" and mention of authorization from the Justice Department). —Ka-Ping Yee (talk) 02:39, 11 December 2007 (UTC)[reply]
  • Strong support - I think this version solves all the issues I had and I think it gets the issue across is a manner that is encyclopedic and NPOV. I strongly support this version. Remember (talk) 03:16, 11 December 2007 (UTC)[reply]
  • Comment - That's a very interesting opinion. However, this practice is clearly torture by definition, and all the sources going back hundreds of years state this. According to the Washington Post, the U.S. military has officially regarded the tactic as torture since the Spanish-American War. Thus, if the technique is used by fascists, it is torture, and if it is used by non-fascists against non-fascists or non-fascists against fascists, it is also torture. Badagnani (talk) 00:48, 11 December 2007 (UTC)[reply]
  • So, what do we think? It's starting to sound like maybe this could be something we could all live with. I've tried to address your comments with my last edits — would you be all right with this version? (Keep in mind it doesn't have to be perfect; if we can just find something we can at least find acceptable, that's good progress.) I am excited and hopeful. —Ka-Ping Yee (talk) 02:39, 11 December 2007(UTC)
I would be very happy with this lead. Unless there are any other issues I would vote to unlock this article and substitute the current lead with Ka-Ping's version - Remember (talk) 03:16, 11 December 2007 (UTC)[reply]
  • Comment - The lead is unsatisfactory, as mentioned more than once, in that it does not describe why waterboarding is done, or its most basic definition: a notorious and well known form of torture, dating back centuries and understood as a form of torture then, and now. Further, "historically accepted" is poor grammar because it implies that this practice has historically been accepted by various bodies. Badagnani (talk) 03:20, 11 December 2007 (UTC)[reply]
    • I agree that "historically accepted" is a poor choice because it introduces an unintended ambiguity. I would suggest "historically regarded as" or "historically condemned as" or "historically decried as" --agr (talk) 04:33, 11 December 2007 (UTC)[reply]
      • Could you please propose an alternative wording of the sentence that you could support. Remember (talk) 15:47, 11 December 2007 (UTC)[reply]
  • Support As a passing editor wandering into this debate this version seems to be the best of those on offer. This version has the advantage of not only being NPOV, but by simply describing what is done and what the results are, the opening paragraph allows the reader to make up his or her own mind as to whether this is torture or not. The reader is simply left with the thought, what if this was done to me or my loved ones. However it is slightly let down by the second paragraph. The edit warring that seems to afflict this article is as a result of the recent controversy in the US, the best way to avoid the edit warring, would be to leave mention of the recent notoriety with regard to the US to a section towards the end, (its rather US centric to think that the most important aspects of this topic is the US contoversy.) Accurately describe what happens, its history and why it is used etc and by the time a reader reaches the end they will have made up their own minds if this is torture or not, there should be no need to expicitly say "waterboarding is a torture technique" or "waterboarding is considered a torture technique".KTo288 (talk) 21:13, 11 December 2007 (UTC)[reply]
  • Comment - Using this reasoning, this editor should "wander into" the Rack (torture) article and attempt to have its title changed, as, according to this reasoning, it really isn't clear whether the Rack (torture) is actually a form of torture, and the reader should be able to make up their minds about that without being dictated to. Badagnani (talk) 21:15, 11 December 2007 (UTC)[reply]
  • Very Weak Oppose I really appreciate what you are trying to do here, and this is the best written led I've seen in a long time. My oppose is principle based on my well founded inability to AGF of everyone participating based on arguments, recent edit history, and denial of the obvious facts. Where torture is now in this rev is almost, but not quite acceptable, however I can see it getting cut out rapidly as it is in para 2. There are those here who simply refuse to accept what it is regardless of an absence of sources to the contrary. Some, but not all of them just want it editable... I thing we are applying UNDUE WEIGHT to unsupported fringe opinions here by not incorporating it in the forefront of the lead, and as such I oppose - very weakly - Sorry :/ This on balance shouldn't affect the decision to unlock, but expect some I told you so's.. Inertia Tensor (talk) 00:25, 12 December 2007 (UTC)[reply]
    • Hmm... I'm not sure what you are recommending here. Are you saying this version of the lede is not quite acceptable to you, or are you saying that, while the lede is acceptable to you, you are afraid it will not survive future edits? Do you have a change in mind that would improve it? Thanks. —Ka-Ping Yee (talk) 05:24, 12 December 2007 (UTC)[reply]
  • This is just to help you understand what i'm trying to do here. This version is not exactly written in the way i would most like it; my main goal was to write something that is well supported and likely to survive over time, while still being something i could live with. I consider waterboarding to obviously be torture, yet it seems likely that if "Waterboarding is a form of torture..." are the first words in the article, they will quickly trigger another edit war. Therefore, i decided to go as far as reasonably possible in giving supportable details about the procedure and experience of waterboarding, so that readers understand it clearly (and thus, those who share my perspective on torture will conclude that it is obviously torture). For me, the description of the experience and the citation of expert opinion, together, make up for the lack of a direct statement that waterboarding is torture. I hoped that this approach would satisfy both camps in this debate.
At the moment, I see concerns that remain to be addressed from User:Badagnani and User:Inertia Tensor. I'm hopeful that we may be very close... can we work together to resolve these? —Ka-Ping Yee (talk) 05:59, 12 December 2007 (UTC)[reply]
  • Strong Support This lead has it all, a purely factual discription of the process first off followed by who considers this to be torture. (Hypnosadist) 06:19, 12 December 2007 (UTC)[reply]

GageParker's version of the lead

Waterboarding is a form of interrogation which uses suffocation to gain the cooperation of the interviewee. By covering the restrained subject's head with wet cloths and pouring additional water over the face, the laryngospasm reflex is induced (that is the larynx or the vocal cords in the throat constrict and seal the air tube) making it impossible for the subject to breath.

Votes to support or oppose X's version

To increase exposure, I've posted about this situation to Wikipedia:Fringe theories/Noticeboard#Waterboarding, the Fringe Theories noticeboard, asking for additional users to watchlist this article. Lawrence Cohen 23:47, 6 December 2007 (UTC)[reply]

Deleted videos

CIA destroyed video of 'waterboarding' al-Qaida detainees[59] —Preceding unsigned comment added by Chendy (talkcontribs) 13:33, 8 December 2007 (UTC)[reply]

15, or more? I suspect we're done now

...in regards to this torture question. The rest is just housekeeping and cleaning.

Not to be blunt, but we've spent a frightening amount of brain power here on something that looking back is glaringly obvious. We have approximately 15 sources now that plainly assert from notable individuals ranging from human rights groups, to Presidents, to soldiers, to Senators, and so on, that waterboarding is torture. We have on the other side one source that weakly asserts waterboarding may be acceptable, and one source that doesn't think it's torture. We can talk in circles and debate this endlessly, but barring some value and weight to sources to counter what has been found, I think this is done with. No amount of debate can overrule policies and guidelines like WP:V, WP:WEIGHT, WP:RS, WP:SYN, and WP:NPOV.

If someone wants 20 sources, I'm sure that can be done. This wasn't even found with a fancy method that I know of, beyond casual Googling. Irregardless of what some folks of some political ideologies may be feeling about waterboarding, it doesn't change or affect the reality of what this article has to say. To get it to say something else, please provide the sources and I'll gladly change it myself.

Can anyone provide valid policy-supported reasoning why this article can't say waterboarding is torture? If not, lets downgrade to long-term semi protection, clean up and wrap up the article, get it to Good Article status, and move on to the next project for each of us. Lawrence Cohen 08:55, 8 December 2007 (UTC)[reply]

I agree completely. The only thing that is left, perhaps, is to decide on the intro. I don't particularly like any of the two versions proposed above (while each has good points), but that's not really important: these are technical issues common to many articles - not something that should be kept from exploding by maintaining the full protection. GregorB (talk) 10:55, 8 December 2007 (UTC)[reply]
I agree that the last remaining issue remains the lead and that the waterboarding is torture thing is pretty settled. With that in mind, could you please state whether you support or oppose the three suggested leads above and if not, propose your own lead. Remember (talk) 16:45, 8 December 2007 (UTC)[reply]
I've linked to WP:NPOV#Let the facts speak for themselves at least three times. It's an applicable Wikipedia guideline that should be a suitable solution. Even if you all don't like it, I think the reasons for thinking so should be addressed, particularly since this section says that the guidelines were considered.
In what way would it not apply? The example given is about whether or not Saddam Hussein was a bad man. Why would waterboarding need WP editors to render a conclusion if Saddam Hussein would not? That's a big question. I would guess that we could easily find 20 prominent quotes about Saddam being a bad guy.
One item that was addressed only glancingly was on expanding the critics to more than just John McCain. This should be easy to rectify. This comment section includes the phrase "notable individuals ranging from human rights groups, to Presidents, to soldiers, to Senators." Let's see Jimmy Carter's name as prominently as John McCain's. One would think a quote from Nancy Pelosi would exist somewhere. My motives had been criticized for wanting this but I don't think you can question the rationale. (It's important to cite politicians because they're the ones who make the rules.)
I also pointed out three other specific issues. I'd understand if you all disagreed, but I would like to see a reason, or at least expressly state that everyone disagrees even without saying why.
For the long term, I think the article should have a section on why the controvery exists.
-- Randy2063 (talk) 17:22, 8 December 2007 (UTC)[reply]

I am just passing by, but WP:NPOV policy is pretty important to me and I think there are a lot of people here who are trying to ignore an important aspect of it. Although I personally believe that waterboarding is torture, I have to agree with Randy2063. The statement "Waterboarding is a form of torture" presented as a statement of fact is a violation of WP:NPOV - Let the facts speak for themselves. Ask yourself this. Is waterboarding worse than what Adolf Hitler or Saddam Hussein did? The leads of these two articles don't open by saying "<blank> was a genocidal dictator..." 74s181 (talk) 03:45, 9 December 2007 (UTC)[reply]

NPOV requires that the lead begin as factually and unemotionally as possible. "Waterboarding is an interrogation technique that simulates drowing..." Later it can say "Most experts consider waterboarding to be a form of torture because it makes the subject believe that death is imminent." Or something like this. 74s181 (talk) 03:45, 9 December 2007 (UTC)[reply]

It's torture by definition, quite NPOV. Rack (torture) has torture in the title for such a reason; both are unambiguously forms of torture, according to all definitions. This is very NPOV. It isn't "simulated" anything because the person's life is in danger (according to the sources, they are, in fact, drowning if the technique is executed "correctly") and people have died from undergoing this form of torture. Badagnani (talk) 03:55, 9 December 2007 (UTC)[reply]
That doesn't answer the point.
The title isn't proof of anything. Or are you going to say music torture is also torture?
-- Randy2063 (talk) 04:45, 9 December 2007 (UTC)[reply]
I don't say that, the article does. In the first sentence. Maybe you should try to change it, if you feel strongly that music torture--despite its name, which includes the word "torture"--is not a form of torture. Badagnani (talk) 08:24, 9 December 2007 (UTC)[reply]
I try to avoid editing articles when I think my edits would cause an obviously biased article to appear halfway reasonable to the casual reader. Like I said there, an obvious bias is illustrative in its own way.
-- Randy2063 (talk) 15:50, 10 December 2007 (UTC)[reply]

What Hitler did was genocide, by definition. Yet the lead on the Adolf Hitler article doesn't start out by talking about the genocide. The word "torture" is a loaded word, exactly the kind of word that WP:NPOV - Let the facts speak for themselves was written to prevent. The fact that so many people are so emotionally invested in using this word is evidence enough that it shouldn't be used in the first sentence of the lead. 74s181 (talk) 04:52, 9 December 2007 (UTC)[reply]

The word "torture" appears in the article title Rack (torture) in order to disambiguate it, the fact that it is used this way doesn't mean it is correct. 74s181 (talk) 04:52, 9 December 2007 (UTC)[reply]

Finally, the day that the first international agreement banning "torture" was signed, the word "torture" moved out of the realm of common sense and into the twisted jungle of legalisms. I am pretty sure that there are some states that don't define waterboarding as torture, in fact, I suspect that the whole reason this article exists is because the United States govt. may or may not define waterboarding as torture. Therefore, saying "waterboarding is torture" is not NPOV. 74s181 (talk) 04:52, 9 December 2007 (UTC)[reply]

The parallel with "genocidal dictator" does not hold. "Torture" is not a description; it is - in part due to the international conventions you mention - terminus technicus, if you will. It is similar to the term "serial killer", for example; I may understand that the words may provoke an emotional response, but both "torture" and "serial killer" are terms, not (unlike "genocidal dictator") descriptions. Consequently, omitting the word torture would be a bad violation of WP:UNDUE (and WP:WEASEL, I'd say); sources that say waterboarding is torture outnumber those that say it isn't by a margin of 20-1 or more. We've been through all this. Finally, your assertion that this article exists merely to give the US a bad name does not hold the mildest scrutiny. GregorB (talk) 12:30, 9 December 2007 (UTC)[reply]
You're actually getting close here when you say it has to do iwth international conventions. As there is a legal disagreement over whether it's torture, you're rendering a judgment on which side of that disagreement WP officially agrees. I don't think 20-1, or whatever, is good enough to make such a ruling.
You're wrong when you say, "your assertion that this article exists merely to give the US a bad name does not hold the mildest scrutiny." Just look at the edit history.
As I had said earlier of the edit history:
The first mention of the U.S. was added within two edits of its creation. It was incorrect, of course, as the editor who added that believed they waterboarded people at GTMO. (I don't think anyone responsible or semi-responsible ever made that claim.)
Track the edit histories further and you'll see that this one was later merged from a parallel article called water boarding. That one took seven edits from its start to mention the U.S. Naturally, that editor had incorrectly believed it was used at Abu Ghraib. (No one semi-responsible ever made that claim either.) So, we had two stubs on waterboarding, and they both screwed up their facts.
And of course, if you look at the edit history for torture, you'll see that it took them only five edits to mention the U.S. (They also put "scare quotes" around "war on terror", which is pretty funny in itself.)
So, like it or not, the history of this article shows what drives this.
There were partisan edits, no doubt about that; however I understood "the whole reason this article exists" comment above as saying that the mere existence of this article is geared toward US-bashing. That is simply not true. The article covers a legitimate subject; if it appears to be slanted one way or another it needs to be corrected, of course. GregorB (talk) 17:42, 9 December 2007 (UTC)[reply]
FWIW: The music torture article's talk page was already contemplating a title change. I added my thoughts, although I'll concede here that having it called that is very illustrative of the nature of the "torture meme." What the U.S. allegedly does will always be criticized while real torture is encouraged to continue on.
-- Randy2063 (talk) 15:14, 9 December 2007 (UTC)[reply]
And if you look at the interwiki links you'll see they're all plainly driven by criticism against the U.S. Go back to the history of the German version, and you'll see that it mentions the CIA in first revision. The first one didn't, but its comment links to this article, which is critical of the U.S.
-- Randy2063 (talk) 15:35, 9 December 2007 (UTC)[reply]
Apparently, I was more on-target than I thought when I had suggested that Nancy Pelosi should be listed prominently among the supposed-opponents. Not surprisingly, she seems to have flop-flopped on waterboarding.
Jane Harman deserves special mention at some distance from the true weasels. As I had always contended that most of the critics are something worse than hypocrites, Harman was a rare honest critic before it became politically advantageous to be one.
-- Randy2063 (talk) 16:19, 9 December 2007 (UTC)[reply]

Responding to Randy2063 and 74s181 above: The comparisons to Saddam Hussein (the example in WP:NPOV#Let the facts speak for themselves) and Adolf Hitler are not relevant. Declaring someone a "bad man" is a value judgement of a person. Waterboarding is an activity, not a person. Furthermore no one is proposing that the article say "this is good" or "this is bad". In order to make a case that the article cannot say that waterboarding is a form of torture, you are going to have to state a principle that is consistent with the treatment of other facts on Wikipedia ("the earth is round", "humans and apes have a common ancestor", "a harmonica is a musical instrument", "Neil Armstrong landed on the moon", etc.) and yet excludes the mention of waterboarding as torture despite the overwhelming weight of sources to that effect. —Ka-Ping Yee (talk) 13:18, 10 December 2007 (UTC)[reply]

That's where you're wrong. Waterboarding is an interrogation method in the same way that a harmonica is a musical instrument.
Unless you seriously believe the definition of "torture" can be applied to even the mildest physical method of interrogation (even tickling), you must draw the line somewhere, and thus, apply a value judgment about the CIA's lawyers. At least the CIA's lawyers reviewed both the precise procedures and the law. Very few of your "overwhelming weight of sources" can fall into both of those categories.
-- Randy2063 (talk) 15:50, 10 December 2007 (UTC)[reply]
Again, what the US government says for their views is just one aspect. The US view is never going to be accepted as the be-all and end-all, no more than North Korea, England, the UN, Wal-Mart, Mukasey, or the most left-wing and liberal source. It's the collective weight and overall views that focus an article and determine its tone. No government gets front and center treatment. Frankly, the United States "espoused" viewpoint that it may not be torture is incompatible with what everyone else says, by and far, so the US government view is effectively by our standards a trivial fringe view. We'll treat it as such. There's really nothing else on this to hash out, unless people start producing sources that we can review. At all. Let's move forward on to other issues now. Lawrence Cohen 16:12, 10 December 2007 (UTC)[reply]
And why does WP:NPOV#Let the facts speak for themselves not apply? Let's be clear here: are you saying the "collective weight" is against waterboarding in a way that it could never be against Hitler? Or would the answer to that change from 1940 to now? I think we need an answer that stands regardless of how many people supported or opposed something.
What about tickling? Music torture? Stress positions?
-- Randy2063 (talk) 16:36, 10 December 2007 (UTC)[reply]

I agree with User:Randy2063 position. I think a read of the five techniques should throw some light on this issue. Particularly what the ECHR said about "pain" and "sever pain". Also it is worth reading the Torture#United Nations Convention Against Torture section and noting the UNCAT forbids a state to "expel, return ("refouler") or extradite" a person to a third state where they may be tortured and section 16 says that a state can not inflict "cruel, inhuman or degrading treatment" on a person. But nothing in the treaty says you can not extradite a person to another state where they do inflict "cruel, inhuman or degrading treatment". So if a technique is "only" cruel, inhuman or degrading treatment, then the US had not broken its treaty obligations by the use of such a technique in a third country. So to say that waterbording is torture is to support the POV that the Bush administration has breached the UNCAT treaty, which if it is only cruel, inhuman or degrading treatment, they have not providing that waterbording is only used outside US jurisdiction. I do not think it is correct that this article should make such an assertion in the neutral voice of the article, but that the article should place such an accusation in the form of X says "Water bording is torture" and make X one or more of the most notable people who take this position. See Wikipedia:Reliable sources#Claims_of_consensus which although specifically for biographies of living persons is sound advice and a specific from of WP:SYN --Philip Baird Shearer (talk) 23:02, 11 December 2007 (UTC)[reply]

  • 'Comment - It's spelled waterboarding. If you have sources stating that waterboarding is not a form of torture, please provide them, as we would all like to see them. The U.S. military, according to the Washington Post, does hold that it is a form of torture, as do many other international authorities, as witnessed by the courtmartials against personnel of various nations (including the U.S.) for committing this practice. Badagnani (talk) 23:05, 11 December 2007 (UTC)[reply]
  • Philip, you're unfortunately making the same mistakes that Randy is making. All this distinct pieces of information may or may not add up collectively to say that the Bush administration's use of waterboarding is or isn't torture. We simply don't care, because thats not how Wikipedia articles are written. We only report on what reliable sources say. If a source says, "Waterboarding isn't torture," that is acceptable. If five different sources all indirectly add up to the conclusion that "Waterboarding isn't torture," without clearly stating that individually, that is never going to be acceptable is required to be removed immediately as a violation of WP:SYN, which forbids combining bits of "evidence" to reach a new conclusion that is not supported by Wikipedia:Reliable sources. Lawrence Cohen 23:31, 11 December 2007 (UTC)[reply]
To User:Philip Baird Shearer: you're misconstruing WP:SYN. It warns against using two or more referenced positions together to advance an unreferenced position. But "waterboarding is torture" is not an unreferenced position, and saying so in the article can't break WP:SYN. Of course, saying that the Bush administration has breached the UNCAT treaty (without references to back this up) would break WP:SYN, but the article currently makes no such assertion, so I don't see why would this matter. GregorB (talk) 23:33, 11 December 2007 (UTC)[reply]
Sorry. Still, the whole thing smacks of OR, especially for such a controversial subject. We should stick with sourced facts and statements. Anything else is just asking for a holy war on this article to build up based on political ideologies. Lawrence Cohen 23:36, 11 December 2007 (UTC)[reply]

PLEASE PARTICIPATE IN THE LEAD DISCUSSION ABOVE

So far each we only have 3 different proposed leads and only three votes on some of them. If we don't resolve this issue we will talk about it forever. PLEASE get involved in the process of figuring out what the lead should say. I believe that we can can figure out a good lead that a strong majority of editors can agree upon as accurate and NPOV and then we can move forward. But if people don't participate and instead get involved in other discussions this will never end. With that in mind, please vote on the suggested leads above and if you don't like a lead, PLEASE propose an alternative. Remember (talk) 15:47, 9 December 2007 (UTC)[reply]

I was considering writing a lead myself but it's not an easy job in this particular case, and I'm a bit busy currently (the following weekend, perhaps?). But yes, by all means: do participate, it's the only way to move forward. And I was also thinking: what about opening a subpage for the intro, then try to tweak it? GregorB (talk) 23:47, 11 December 2007 (UTC)[reply]

"Simulated drowning"

I've said little in this discussion, other than calling for more precise description of the activity described as "waterboarding", because there is public confusion as to what waterboarding actually is. Some of the descriptions say that the activity is actual drowning, various ways of immersing the victim's head in water, withdrawing it occasionally -- an "interrupted drowning", as the victim will indeed die if they're unlucky. Other descriptions say that only parts of the victim's face, neck and/or chest, and perhaps the mouth, nose, and some of the sinus passages need to be made wet, relying on body reflexes to convey the impression to the victim that their body is drowning, using the body reflexes to simulate the feelings that the former actually imposes; the victim is no risk of drowning (although they may be at risk of heart attack, choking on vomit, ....) Confounding the two activities (there may be others, but these two, near the extremes) with a single name does not lend clarity to the discussion.

I think that the lead should reflect at least that there are these two very different general techniques. The former (interrupted drowning) I think is torture (it's a form of mock execution), while the latter may not be (I know that's wiggly, and I mean it to be.) htom (talk) 16:49, 9 December 2007 (UTC)[reply]

The descriptions from people who have actually conducted or been subjected to waterboarding are very clear about its nature and effects. The sources describing its use in Japan, Algeria, Cambodia, the United States, etc. are similarly clear about such details. Those presenting the concept of a purported "lighter" version of waterboarding are typically journalists who don't have any direct experience other than what they have heard, and are simply recycling what they have gotten from "official sources," in whose interest it is to promulgate the concept of the existence of such a "lighter" version. We know that Japanese, U.S., and other personnel have been courtmartialed for conducting waterboarding, and no distinction was made between a "harsher" or "lighter" version at any time. Of course, with the waterboarding tapes now destroyed there is no way to verify that such a "lighter" version exists. Badagnani (talk) 20:32, 9 December 2007 (UTC)[reply]

"The descriptions from people who have actually conducted or been subjected to waterboarding..." I read this sentence and immediately had a mental picture of the interogator saying to the prisoner, "if you don't talk, we're going to waterboard you!", followed by some interogation technique, after which the prisoner would think, "ah, so that is what waterboarding means". 74s181 (talk) 03:46, 10 December 2007 (UTC)[reply]

US Technique

With the debate surrounding US use of waterboarding, I am wondering if we know exactly what the US's technique was. The history of waterboarding in this article demonstrates that the technique can vary. And there is a brief suggestion in the article that the CIA used a "modern form of waterboarding." It is a legitimate question as to whether the various techniques of waterboarding have different risk factors or abilities to cause long-term physical or mental aggravation. Do we have sources that reveal precisely what the "modern form" used by the CIA is? Do we know how this "modern form" might be more or less harmful that other forms? This would be illuminative on the question of torture. --— Preceding unsigned comment added by C.l.schwab (talkcontribs)

We don't really know anything about the US method unfortunately, beyond that it is confirmed as waterboarding in the classic sense per various government statements. The only definitive view of this that would have likely ever been seen, at this time, was on the CIA tapes that were destroyed. It would be nice sourced information to have for the article, but I doubt it will ever come to light. Lawrence Cohen 16:17, 10 December 2007 (UTC)[reply]

Horrible Article

This has got to be the worst, most one-sided article on all of wikipedia. I seriously can't believe how bad this article is. It should be either completely redone with both sides represented, or it should be deleted. User: Uriah is Boss 08:11, 10 December 2007 (UTC)[reply]

And what are "both" sides? Are both sides of equal value? NPOV is not "all sides get equal screen time". Lawrence Cohen 16:15, 10 December 2007 (UTC)[reply]
What other side? facts please, not conjecture. Inertia Tensor (talk) 00:17, 12 December 2007 (UTC)[reply]

CIA man speaks

This story broken by ABC might be of use in this article, [15] and here is the BBC's take on the story. [16] It concerns one operatives view of waterboarding. (Hypnosadist) 05:42, 11 December 2007 (UTC)[reply]

That certainly could be useful, to integrate when protection is reduced from full to semi. Lawrence Cohen 16:18, 11 December 2007 (UTC)[reply]

Defining Torture

Anything unpleasant that a person is forced to endure can be construed as torture. Therefore, if coercion is needed to elicit a response---and if coercion is considered acceptable under certain conditions, then waterboarding should be such an example. Duress is necessarily unpleasant, but duress is not of itself torture. Torture seems more concordant with destruction to the person; intrusion into a person's psyche, even that which may cause lasting anxiety, is not necessarily torture. Recall that anything we must do---facetiousness is not the aim here---such as going to a physically grueling job or dealing with a tense atmosphere at work, could cause distress and even lasting anxiety and a sense of lost self-worth. That being the case, one still must encounter unpleasant tasks---even ordeals---in life as part of life. If we jail a person, that person is anguished by the humiliation and the incarceration. Yet, we must still jail certain offenders. Terrorist suspects and combatants are in the same category as jailed individuals, and if inducing gag reflexes and experiencing the distress of water poured over their noses induces them to reveal vital life-saving information, then that is part of life. Torture is deliberately aggressive and degrading violence. Waterboarding probably is not those things at all. 204.14.15.130 (talk) 17:22, 11 December 2007 (UTC)WikiPaul[reply]

While that is a fine opinion, it's still unfortunately an opinion. We can't use or consider any arguments for content that don't come from Wikipedia:Reliable Sources, because if we approached it with the thought process you've described, or do anything but work from what reliable sources tell us, we're doing Wikipedia:Original research, which is completely against our policies. Lawrence Cohen 17:26, 11 December 2007 (UTC)[reply]
Correct. This page isn't for the purpose of general discussion related to the topic, so it doesn't matter what individual Wikipedians feel about waterboarding. Opinions and personal findings are not acceptable encyclopedia material, and discussion that doesn't relate to improving the article in a tangible way is not constructive. Leebo T/C 19:31, 11 December 2007 (UTC)[reply]

I understand. I had not realized that the discussion page excluded opinion-based/forum-type material; until it is perhaps expunged, my comments above may provoke thought that could be in some way useful in clarifying content on either waterboarding or the related topic of torture. --Many thanks —Preceding unsigned comment added by 71.59.74.194 (talk) 22:46, 11 December 2007 (UTC)[reply]

I don't think there's anything wrong with expressing your opinions and arguments on this talk page. We just have to be clear about what has bearing on the article and what doesn't. —Ka-Ping Yee (talk) 02:45, 12 December 2007 (UTC)[reply]

Sentence Structure

This is a recommended edit for clarity, not content. In the introductory paragraph, the sentence "Some nations have also criminally prosecuted individuals for performing waterboarding, including the United States" should read "Some nations, including the United States, have criminally prosecuted individuals for performing waterboarding." The way it is now mis-cues the reader (i.e., you expect "including John Doe" at the end, as an example of someone that has been prosecuted for waterboarding).Josh.anders (talk) 20:37, 11 December 2007 (UTC)[reply]

Support. Lawrence Cohen 20:39, 11 December 2007 (UTC)[reply]
Support Remember (talk) 21:09, 11 December 2007 (UTC)[reply]
Support. GregorB (talk) 23:08, 11 December 2007 (UTC)[reply]
...and while you're at it, remove the sr: interwiki link, it's incorrect (see section above). GregorB (talk) 23:56, 11 December 2007 (UTC)[reply]
Support. Inertia Tensor (talk) 00:15, 12 December 2007 (UTC)[reply]

Interwiki

Admins, please add nl:Waterboarding to this article. Unit17 (talk) 13:18, 12 December 2007 (UTC)[reply]

  1. ^ Lawmakers: Mukasey must reject "waterboarding", Reuters via Yahoo News, October 29, 2007
  2. ^ Lawmakers: Mukasey must reject "waterboarding", Reuters via Yahoo News, October 29, 2007
  3. ^ Katherine Eban. Rorschach and Awe, Vanity Fair, July 17, 2007. "It was terrifying," military psychologist Bryce Lefever is quoted as saying, "...you're strapped to an inclined gurney and you're in four-point restraint, your head is almost immobilized, and they pour water between your nose and your mouth, so if you're likely to breathe, you're going to get a lot of water. You go into an oxygen panic."
  4. ^ Waterboarding is torture - I did it myself, says US advisor ("The practice involves strapping the person being interrogated on to a board as pints of water are forced into his lungs through a cloth covering his face while the victim's mouth is forced open. Its effect, according to Mr Nance, is a process of slow-motion suffocation.")
  5. ^ CIA's Harsh Interrogation Techniques Described, ABC News, November 18, 2005. "Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt."
  6. ^ a b c "Dr. Allen Keller, the director of the Bellevue/N.Y.U. Program for Survivors of Torture, told me that he had treated a number of people who had been subjected to such forms of near-asphyxiation, and he argued that it was indeed torture. Some victims were still traumatized years later, he said." Mayer, Jane (2005). "Outsourcing Torture". The New Yorker. {{cite journal}}: Unknown parameter |month= ignored (help)
  7. ^ Open Letter to Attorney General Alberto Gonzales by Human Rights Watch
  8. ^ In April 2006, in a letter to Attorney General Alberto Gonzales, more than 100 U.S. law professors stated unequivocally that waterboarding is torture, and is a criminal felony punishable under the U.S. federal criminal code.
  9. ^ According to Republican United States Senator and 2008 presidential candidate John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal." Torture's Terrible Toll, Newsweek, November 21, 2005.
  10. ^ In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognizes "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record.U.S. Department of State (2005). "Tunisia". Country Reports on Human Rights Practices. {{cite journal}}: Cite has empty unknown parameter: |month= (help)
  11. ^ A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'". At pp. 225-26, in Stephen Grey (2006). Ghost Plane: The True Story of the CIA Torture Program. New York City: St. Martin's Press.
  12. ^ Benjamin Davis. Endgame on Torture: Time to Call the Bluff. "Waterboarding has been torture for at least 500 years. All of us know that torture is going on."
  13. ^ Carter says U.S. tortures prisoners, CNN, October 10, 2007. "The United States tortures prisoners in violation of international law, former President Carter said Wednesday. 'I don't think it. I know it,' Carter told CNN's Wolf Blitzer."
  14. ^ Michael Cooper and Marc Santora. McCain Rebukes Giuliani on Waterboarding Remark, New York Times, October 26, 2007. Speaking about Waterboarding, John McCain stated in a telephone interview "They should know what it is. It is not a complicated procedure. It is torture."
  15. ^ a b Cite error: The named reference WashPostWaterboarding_100406 was invoked but never defined (see the help page).
  16. ^ "History of an Interrogation Technique: Water Boarding" ABC News, November 29, 2005
  17. ^ Torture's Terrible Toll, Newsweek, November 21, 2005
  18. ^ Attorney General Pick Facing New Resistance, New York Times, October 26, 2007
  19. ^ Katherine Eban. Rorschach and Awe, Vanity Fair, July 17, 2007. "It was terrifying," military psychologist Bryce Lefever is quoted as saying, "...you're strapped to an inclined gurney and you're in four-point restraint, your head is almost immobilized, and they pour water between your nose and your mouth, so if you're likely to breathe, you're going to get a lot of water. You go into an oxygen panic."
  20. ^ CIA's Harsh Interrogation Techniques Described, ABC News, November 18, 2005. "Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt."
  21. ^ Open Letter to Attorney General Alberto Gonzales by Human Rights Watch
  22. ^ In April 2006, in a letter to Attorney General Alberto Gonzales, more than 100 U.S. law professors stated unequivocally that waterboarding is torture, and is a criminal felony punishable under the U.S. federal criminal code.
  23. ^ According to Republican United States Senator and 2008 presidential candidate John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal." Torture's Terrible Toll, Newsweek, November 21, 2005.
  24. ^ In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognizes "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record.U.S. Department of State (2005). "Tunisia". Country Reports on Human Rights Practices. {{cite journal}}: Cite has empty unknown parameter: |month= (help)
  25. ^ A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'". At pp. 225-26, in Stephen Grey (2006). Ghost Plane: The True Story of the CIA Torture Program. New York City: St. Martin's Press.
  26. ^ Benjamin Davis. Endgame on Torture: Time to Call the Bluff. "Waterboarding has been torture for at least 500 years. All of us know that torture is going on."
  27. ^ Carter says U.S. tortures prisoners, CNN, October 10, 2007. "The United States tortures prisoners in violation of international law, former President Carter said Wednesday. 'I don't think it. I know it,' Carter told CNN's Wolf Blitzer."
  28. ^ Michael Cooper and Marc Santora. McCain Rebukes Giuliani on Waterboarding Remark, New York Times, October 26, 2007. Speaking about Waterboarding, John McCain stated in a telephone interview "They should know what it is. It is not a complicated procedure. It is torture."
  29. ^ "History of an Interrogation Technique: Water Boarding" ABC News, November 29, 2005
  30. ^ In April 2006, in a letter to Attorney General Alberto Gonzalez., more than 100 U.S. law professors stated unequivocally that waterboarding is torture, and is a criminal felony punishable under the U.S. federal criminal code.
  31. ^ According to Republican United States Senator John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal." - Torture's Terrible Toll, Newsweek, November 21, 2005. | http://msnbc.msn.com/id/10019179/site/newsweek/page/2/ ]
  32. ^ In its 2005 Country Reports on Human Rights Practices, the U.S. Department of State formally recognizes "submersion of the head in water" as torture in its examination of Tunisia's poor human rights record, U.S. Department of State (2005). "Tunisia". Country Reports on Human Rights Practices. {{cite journal}}: Cite has empty unknown parameter: |month= (help)
  33. ^ A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'". At pp. 225-26, in Stephen Grey (2006). Ghost Plane: The True Story of the CIA Torture Program. New York City: St. Martin's Press.
  34. ^ Chapter 18 United States Code, section 2340
  35. ^ UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 Signatories 74, Parties 136, As of 23 April 2004
  36. ^ Rome Statute of the International Criminal Court Article 7, "Crimes against humanity" Definition of torture 7-2:e
  37. ^ Endgame on Torture: Time to Call the Bluff Waterboarding has been torture for at least 500 years. All of us know that torture is going on.
  38. ^ Former US President Jimmy Carter stated "The United States tortures prisoners in violation of international law" and continued "I don't think it.... I know it" in a CNN interview on October the 10th 2007
  39. ^ "Variety of Interrogation Techniques Said to Be Authorized by CIA" by Brian Ross and Richard Esposito, September 6, 2006
  40. ^ "History of an Interrogation Technique: Water Boarding" ABC News, November 29, 2005
  41. ^ Torture's Terrible Toll, Newsweek, November 21, 2005
  42. ^ Cheney endorses simulated drowning, "Financial Times" October 26, 2006
  43. ^ Katherine Eban. Rorschach and Awe, Vanity Fair, July 17, 2007. "It was terrifying," military psychologist Bryce Lefever is quoted as saying, "...you're strapped to an inclined gurney and you're in four-point restraint, your head is almost immobilized, and they pour water between your nose and your mouth, so if you're likely to breathe, you're going to get a lot of water. You go into an oxygen panic."
  44. ^ http://www.washingtonpost.com/wp-dyn/content/article/2007/11/08/AR2007110802150.html
  45. ^ CIA's Harsh Interrogation Techniques Described, ABC News, November 18, 2005. "Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt."
  46. ^ Open Letter to Attorney General Alberto Gonzales by Human Rights Watch
  47. ^ http://www.nytimes.com/2007/11/07/us/07waterboard.html
  48. ^ In April 2006, in a letter to Attorney General Alberto Gonzales, more than 100 U.S. law professors stated unequivocally that waterboarding is torture, and is a criminal felony punishable under the U.S. federal criminal code.
  49. ^ Benjamin Davis. Endgame on Torture: Time to Call the Bluff. "Waterboarding has been torture for at least 500 years. All of us know that torture is going on."
  50. ^ Carter says U.S. tortures prisoners, CNN, October 10, 2007. "The United States tortures prisoners in violation of international law, former President Carter said Wednesday. 'I don't think it. I know it,' Carter told CNN's Wolf Blitzer."
  51. ^ http://www.democracynow.org/2007/11/5/french_journalist_henri_alleg_describes_his
  52. ^ According to Republican United States Senator and 2008 presidential candidate John McCain, who was tortured as a prisoner of war in North Vietnam, waterboarding is "torture, no different than holding a pistol to his head and firing a blank" and can damage the subject's psyche "in ways that may never heal." Torture's Terrible Toll, Newsweek, November 21, 2005.
  53. ^ A former senior official in the directorate of operations is quoted (in full) as saying: "'Of course it was torture. Try it and you'll see.'" Another "former higher-up in the directorate of operations" said "'Yes, it's torture'". At pp. 225-26, in Stephen Grey (2006). Ghost Plane: The True Story of the CIA Torture Program. New York City: St. Martin's Press.
  54. ^ Public letter to Senator Patrick Leahy, "Waterboarding is inhumane, it is torture, and it is illegal." and "Waterboarding detainees amounts to illegal torture in all circumstances.". From Rear Admiral Donald J. Guter, United States Navy (Ret.) Judge Advocate General of the Navy, 2000-02; Rear Admiral John D. Hutson, United States Navy (Ret.) Judge Advocate General of the Navy, 1997-2000; Major General John L. Fugh, United States Army (Ret.) Judge Advocate General of the Army, 1991-93; Brigadier General David M. Brahms, United States Marine Corps (Ret.) Staff Judge Advocate to the Commandant, 1985-88.
  55. ^ http://hrw.org/english/docs/2005/11/21/usdom12069.htm
  56. ^ http://www.amnestyusa.org/document.php?lang=e&id=ENGUSA20061026002
  57. ^ "History of an Interrogation Technique: Water Boarding" ABC News, November 29, 2005
  58. ^ http://www.nytimes.com/2007/10/04/washington/04interrogate.html
  59. ^ CIA destroyed video of 'waterboarding' al-Qaida detainees