Talk:Waterboarding
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RfC: Is waterboarding a form of torture, based on sources?
See Talk:Waterboarding/Definition for the discussion and place your comments there.
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) Updating to ensure this is not archived yet. Lawrence Cohen 17:23, 28 December 2007 (UTC)
- "No one seems to dispute at all that waterboarding is considered torture". Except for the government of the United States. Although this article attempts to be diverse and multi-cultural, no attempt is made to distinguish Cambodian waterboarding from any other type. What about dunking a common form of torture used in Europe? Is that waterboarding? if not than how do you justify the inclusion of the Spanish Inquisition rack? This articles is taking sides in a controversial issue while simplifying the nuances of that issue.
- As for a "human rights group" Who the hell elected them and what jurisdiction do they have??Matt Sanchez (talk) 09:06, 9 January 2008 (UTC)
- You appear to believe that the references here to the Spanish Inquisition are referring to their use of the rack, however, this belief is mistaken - the references here are to the Tormento di Toca, a form of waterboarding. Chris Bainbridge (talk) 15:55, 10 January 2008 (UTC)
- Note: I think Chris may have mean to write Tormento de Toca above. The BBC's Spanish-language news reports certainly seem to use this term as the direct Spanish translation of what their English-language reports call "waterboarding". [1] -- The Anome (talk) 13:32, 7 February 2008 (UTC)
- You appear to believe that the references here to the Spanish Inquisition are referring to their use of the rack, however, this belief is mistaken - the references here are to the Tormento di Toca, a form of waterboarding. Chris Bainbridge (talk) 15:55, 10 January 2008 (UTC)
- As for a "human rights group" Who the hell elected them and what jurisdiction do they have??Matt Sanchez (talk) 09:06, 9 January 2008 (UTC)
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.
- What do law professors know about waterboarding? And how are these "100 law professors" more valid than the 1000s who did NOT sign this statement? Did JAG officers sign it? Matt Sanchez (talk) 11:33, 2 January 2008 (UTC)
- Wikipedia does not care about sources that do not exist, is why they are more important as sources than people who did not sign this statement. Lawrence Cohen 14:25, 2 January 2008 (UTC)
- The defininition of torture is largely a legal one, on both the domestic and international levels. Therefore, I believe law professors' views are relevant. -Lciaccio (talk) 19:07, 7 January 2008 (UTC)
- Wikipedia does not care about sources that do not exist, is why they are more important as sources than people who did not sign this statement. Lawrence Cohen 14:25, 2 January 2008 (UTC)
- What do law professors know about waterboarding? And how are these "100 law professors" more valid than the 1000s who did NOT sign this statement? Did JAG officers sign it? Matt Sanchez (talk) 11:33, 2 January 2008 (UTC)
- False and somewhat naive. The definition of torture is political. If the American government has not defined waterboarding as torture, what right does Wikipedia have to take that step?Matt Sanchez (talk) 08:55, 9 January 2008 (UTC)
- Completely wrong. Firstly, torture is defined by a physical process. Politicians try to hide the truth of torture for political reasons. Secondly, Wikipedia is not an organ of the US government. Thirdly, waterboarding has been defined as torture by medical practitoners, torturers, victims, law enforcement officers, and - yes - politicians including those of the US government and even - gasp - in a moment of enlightenment, the US government itself. docboat (talk) 09:04, 9 January 2008 (UTC)
- Well, the definition of torture we are concerned with is a linguistic issue. Legal definitions often try to clearly delineate semantic categories for purposes of clarity and consistency. Politics has nothing to do with the definition per se, although some people bend over backwards to avoid calling something by unpleasant terms. And it may be surprising to "NG", but the US government does not yet have the exclusive right to determine reality. I don't think they have an official position on gravity, and yet I dare to stay on Earth. And even if they ever claim it has been abolished, I will continue to attract other masses. --Stephan Schulz (talk) 09:14, 9 January 2008 (UTC)
- Please stay focussed. There is a legal definition of torture as applied under US and International law. Establishing whether waterboarding meets the legal requirements to fall under that definition evidently is a legal matter and not a political one. Of course, politics are relevant to why a straight forward determination is impossible without a very small group of individuals attempting to create a dispute. Nomen NescioGnothi seauton 10:31, 9 January 2008 (UTC)
- False and somewhat naive. The definition of torture is political. If the American government has not defined waterboarding as torture, what right does Wikipedia have to take that step?Matt Sanchez (talk) 08:55, 9 January 2008 (UTC)
- 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. [2]
- 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."
- 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]
- Comment: Graham did not say it was torture but rather "illegal"--Blue Tie (talk) 03:43, 24 December 2007 (UTC)
- Isn't he in the USNR? Not USAFR? Geo Swan (talk) 01:27, 26 January 2008 (UTC)
- Comment: Graham did not say it was torture but rather "illegal"--Blue Tie (talk) 03:43, 24 December 2007 (UTC)
- 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.
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(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))
- Comment: The US State Department was not talking about Waterboarding but submersion -- which is different.--Blue Tie (talk) 03:44, 24 December 2007 (UTC)
- 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)
- (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)
- Comment: This law does not mention waterboarding and it is disputed that waterboarding must produce those effects. Furthermore it permits some acts suffered incidental to lawful sanctions.
- UN Convention. UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 Signatories 74, Parties 136, As of 23 April 2004
- 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
- Comment: Jimmy Carter did not say that waterboarding was torture. --Blue Tie (talk) 03:48, 24 December 2007 (UTC)
- Mississippi Supreme Court. [3]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 [4] 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)
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)
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)
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)
From Akhilleus
Law review articles
- Adeno Addis, "'Informal' Suspension of Normal Processes: the 'War on Terror' as an Autoimmunity Crisis," Boston University Law Review 87 (2007) 323ff.: "Although prohibited by the U.S. Army and likely illegal under detainee legislation, 'waterboarding,' the torture technique in which a prisoner is secured with his feet over his head while water is poured on a cloth covering his face, is reportedly still practiced." --Akhilleus (talk) 16:22, 16 January 2008 (UTC)
- George J. Annas, "Human Rights Outlaws: Nuremberg, Geneva, and the Global War on Terror," Boston University Law Review 87 (2007) 427ff.: "One such memo was prepared for the CIA and is reported to authorize the 'use of some 20 interrogation practices,' including waterboarding, a torture technique in which people are made to believe they might drown." --Akhilleus (talk) 15:54, 16 January 2008 (UTC)
- M. Cherif Bassiouni, "The Institutionalization of Torture under the Bush Administration," Case Western Reserve Journal of International Law 37 (2006) 389ff.: "Among some examples that may illustrate what was deemed permissible and which were actually carried out are: forcing a father to watch the mock execution of his 14-year old son; placing a lit cigarette in the ear of a detainee to burn his eardrum; bathing a person's hand in alcohol and then lighting it on fire; shackling persons to the floor for 18-24 hours; shackling persons from the top of a door frame to dislocate the shoulders, and gagging persons in order to create the effect of drowning in one's own saliva; 'waterboarding,' which is placing a cloth on a person's head and dousing it with water to create the effect of drowning...These practices sanctioned by the Administration are exactly what Article 17 of the Third Geneva Convention prohibits, and what the CAT drafters of Article 1 wanted to avoid. The Administration's legal advisors preposterously claimed that the infliction of severe pain and suffering, as defined in Article 1 of the CAT, '[M]ust be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death" in order to constitute torture.'" --Akhilleus (talk) 16:43, 16 January 2008 (UTC)
- Thomas F. Berndt & Alethea M. Huyser, "Student Note: Ghost Detainees: Does the Isolation and Interrogation of Detainees Violate Common Article 3 of the Geneva Conventions?" William Mitchell Law Review 33 (2007) 1739-1740: "Waterboarding is alleged to be the most extreme measure used by CIA interrogators. It is a technique in which 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." The effectiveness of the technique relies on creating in the mind of the detainee the feeling of drowning, essentially operating as a mock execution. Mental health professionals report mock executions to have significant mental effects on detainees. Mock executions have been cited by both domestic and international authorities as constituting torture."
- Cristián Correa, "Waterboarding Prisoners and Justifying Torture: Lessons for the U.S. from the Chilean Experience," Human Rights Brief 14.2 (2007) 21-25: "Despite its recent prevalence in the Western news media, waterboarding, or 'the submarine' (as it is known in some Latin American countries), is anything but novel in the realm of torture. Waterboarding entails many different methods of torture, each using water to suffocate detainees and provoke the sensation of drowning. The effect results within a few seconds or minutes and leaves no external injuries, thereby eluding a definition of torture which requires proof of injury, bleeding, or other physical harm. Waterboarding has been designed to cause intense psychological pain while granting technical impunity to those administering the punishment." --Akhilleus (talk) 07:42, 14 January 2008 (UTC)
- Christian M. De Vos, "Mind the Gap: Purpose, Pain, and the Difference between Torture and Inhuman Treatment," Human Rights Brief 14 (2007) 4ff.: "Categorizing levels of ill-treatment and their respective criminality is a work of legal fiction that can confuse as often as it clarifies. For better or worse, these distinctions exist in law; however, if they are to serve any purpose, it should not be to permit states to evade criminal responsibility through artifice and technicality, the normative effect of which exceptionalizes torture when, in fact, it remains distressingly common. Indeed, it is a telling sign of our impoverished discourse on the subject that we are now left to wonder whether 'water-boarding' (or, in the more modest characterization of U.S. Vice President Dick Cheney, a 'dunk in the water') is perhaps not as bad as one might think." --Akhilleus (talk) 06:13, 18 January 2008 (UTC)
- Owen Fiss, "Law Is Everywhere," The Yale Law Journal 117 (2007) 260: "It suggested that two practices until then universally understood as torture - the use of scenarios designed to convince detainees that death is imminent, and use of a wet towel and dripping water to induce fear of suffocation ('water-boarding') - though forbidden 'as a matter of policy ... at this time,' nonetheless 'may be legally available.'" --Akhilleus (talk) 15:50, 19 January 2008 (UTC)
- Lisa Graves, "Ten Questions: Responses of Lisa Graves," William Mitchell Law Review 33 (2007) 1620: "The truth of our real policy is only amplified by the infamous Justice Department memos by John Yoo and (now judge) Jay Bybee asserting Geneva does not apply and construing 'torture' to allow numerous ineffective and appalling techniques that readers would rightly consider torture if imposed on them, such as waterboarding to near drowning, which passes Yoo-Bybee because the pain caused is not equivalent to organ failure. Although that part of the memo was withdrawn due to public outcry upon its discovery years after it was implemented, the Administration has refused to disavow the severely flawed underlying legal reasoning arguing for virtually unchecked power for the President." --Akhilleus (talk) 15:43, 19 January 2008 (UTC)
- Amos N. Guiora and Erin M. Page, "The Unholy Trinity: Intelligence, Interrogation, and Torture," Case Western Reserve Journal of International Law 37 (2006) 427ff.: "Water-boarding, a Category III technique, induces the detainee to believe that death is imminent. This technique requires that the detainee be strapped or held down to induce the sensation of drowning as either water is repeatedly poured down the individual's throat or the head is immersed in water. Detainees who have experienced water-boarding have universally expressed an overwhelming fear because the method prevents breathing. Furthermore, according to some reports, a number of individuals have died as a result of water-boarding. There is little doubt that this technique represents torture,..." --Akhilleus (talk) 16:46, 16 January 2008 (UTC)
- Jonathan Hafetz, "Guantanamo and the 'Next Frontier' of Detainee Issues," Seton Hall Law Review 37 (2007) 700: "Meanwhile, the administration has held other prisoners at secret CIA-run detention centers, also known as 'black sites,' and subjected them to 'enhanced' interrogation techniques - the new euphemism for torture - including hypothermia, prolonged sleep deprivation, long time standing, and water-boarding, where the subject is made to feel he is being drowned." --Akhilleus (talk) 14:56, 19 January 2008 (UTC)
- Peter Jan Honigsberg, "Chasing 'Enemy Combatants' and Circumventing International Law: A License for Sanctioned Abuse," UCLA Journal of International Law and Foreign Affairs 12 (2007) 38: "In fact, Mohammed was presumably subject to the torture method known as water boarding." --Akhilleus (talk) 15:23, 19 January 2008 (UTC)
- Scott Horton, "Kriegsraison or military necessity? The Bush Administration's Wilhelmine Attitude towards the Conduct of War," Fordham International Law Journal 30 (2007) 576ff.: "A specific practice of torture identified and punished by the United States as early as 1902, was a device known as "waterboarding" in which a detainee was through various means made to sense that he was drowning." --Akhilleus (talk) 05:59, 18 January 2008 (UTC)
- Seth F. Kreimer, "'Torture Lite,' 'Full Bodied' Torture, and the Insulation of Legal Conscience," Journal of National Security Law & Policy 1 (2005) 194-195: "At the same time, CIA operatives undertook what might be called 'full bodied' torture of suspected terrorists in secret locations, including denial of pain medication, beatings, sensory assaults, and "water boarding." --Akhilleus (talk) 06:21, 18 January 2008 (UTC)
- Christopher Kutz, "Torture, Necessity and Existential Politics," California Law Review 95 (2007) 235ff.: "The current administration of George W. Bush has decided not to pay those costs. Instead, it chooses to use coercive interrogation techniques that would conventionally be thought of as straightforwardly torturous, including water-boarding, false burial, "Palestinian hanging"...Insofar as the statutory definition of torture includes acts "specifically intended to inflict severe physical or mental pain or suffering," which pain or suffering can result from "the threat of imminent death," orders to deploy waterboarding (which by design arouses a sensation of imminent death by drowning) would clearly have focused the minds of U.S. personnel on the consequences of the Torture statute." --Akhilleus (talk) 16:28, 16 January 2008 (UTC)
- David Luban, "Liberalism, Torture, and the Ticking Bomb," Virginia Law Review 91 (2005) 1431: "And torture terrorizes. The body in pain winces; it trembles. The muscles themselves register fear. This is rooted in pain's biological function of impelling us in the most urgent way possible to escape from the source of pain - for that impulse is indistinguishable from panic. U.S. interrogators have reportedly used the technique of 'waterboarding' to break the will of detainees. Waterboarding involves immersing the victim's face in water or wrapping it in a wet towel to induce drowning sensations. As anyone who has ever come close to drowning or suffocating knows, the oxygen-starved brain sends panic signals that overwhelm everything else." --Akhilleus (talk) 15:40, 19 January 2008 (UTC)
- Jamie Meyerfield, "Playing by Our Own Rules: How U.S. Marginalization of International Human Rights Law Led to Torture," The Harvard Human Rights Journal 20 (2007) 89ff.: "The government, though it balks at the word "torture," has acknowledged the use of coercive methods. In a highly publicized speech on September 6, 2006, President Bush defended what he called 'an alternative set of procedures' used in a 'CIA program for questioning terrorists.' He refused to describe the authorized techniques, but several of them are common knowledge: waterboarding (or near-drowning),...Much of this abuse is rightly called torture...Several of the techniques--including sleep deprivation, forced standing, and waterboarding--are infamously associated with the Gestapo, Stalin's secret police, and the Inquisition...In State Department reports on other countries, sleep deprivation, waterboarding, forced standing, hypothermia, blindfolding, and deprivation of food and water are specifically referred to as torture." --Akhilleus (talk) 06:07, 18 January 2008 (UTC)
- Mary Ellen O'Connell, "Affirming the Ban on Harsh Interrogation," Ohio State Law Journal 66 (2005) 1231ff.: "Waterboarding involves tying someone to a board and dunking him underwater to the point he fears he will drown. It is plainly a form of torture." --Akhilleus (talk) 06:37, 18 January 2008 (UTC)
- Jordan J. Paust, "Above the Law: Unlawful Executive Authorizations Regarding Detainee Treatment, Secret Renditions, Domestic Spying, and Claims to Unchecked Executive Power," Utah Law Review (2007) 352-354: "Moreover, some CIA personnel have reported that approved Agency techniques include 'striking detainees in an effort to cause pain and fear,' 'the "cold cell"... [where d]etainees are held naked in a cell cooled to 50 degrees and periodically doused with cold water,' and '"waterboarding" ... [which produces] a terrifying fear of drowning,' each of which is manifestly illegal under the laws of war and human rights law and can result in criminal and civil sanctions for war crimes." --Akhilleus (talk) 15:37, 19 January 2008 (UTC)
- Note, this article is lengthy (pp. 345 - 419) and is available here, if anyone wants to read it. Jay*Jay (talk) 04:30, 7 February 2008 (UTC)
- Leonard S. Rubenstein, "First, Do No Harm: Health Professionals and Guantanamo," Seton Hall Law Review 37 (2007) 740: "According to the New York Times, psychologists also advised the CIA in devising its 'enhanced' interrogation techniques, including water-boarding, or feigned drowning. Indeed, because of their familiarity with, and authorization of, these forms of torture, it is entirely possible, even likely, that the participation of BSCT psychologists in the design of interrogation techniques significantly expanded the use of torture and cruel, inhuman, and degrading treatment in the interrogation of terror suspects and in the infliction of severe or serious mental harm."
- Jon M. Van Dyke, "Promoting Accountability for Human Rights Abuses," Chapman Law Review 8 (2005) 153ff.: "To give just one of a number of possible examples, the United States has acknowledged utilizing the practice of 'water-boarding,' which involves strapping detainees to boards and immersing them in water to make them think they are drowning. This activity is clearly an example of 'torture' that violates the Torture Convention, but no one has been charged or prosecuted for authorizing or conducting this practice." --Akhilleus (talk) 16:53, 16 January 2008 (UTC)
- Evan Wallach, "Drop by Drop: Forgetting the History of Water Torture in U.S. Courts," Columbia Journal of Transnational Law 45 (2007) 468ff.: "'Water cure,' 'water torture,' 'water boarding.' Under whatever name, extreme interrogators have long prized the technique, which, unlike other interrogation methods, imposes severe mental trauma and physical pain but no traces of physical trauma that would be discoverable without an autopsy....Certainly, the United States has made it clear, in its courts, both civil and military, and before the national legislature, that water torture, by whatever name it is known, is indeed torture, that its infliction does indeed justify severe punishment, and that it is unacceptable conduct by a government or its representatives." --Akhilleus (talk) 05:41, 18 January 2008 (UTC)
articles in magazines and newspapers
- New York Times. Rather than cite a specific article, I'll note that the NYT has a webpage where info about waterboarding is collected here. Notice that the Times has classified waterboarding as a topic within the general subject of torture--a directory line near the top of the page says "Times Topics > Subjects > T > Torture > Waterboarding". --Akhilleus (talk) 02:15, 29 January 2008 (UTC)
- Charles Krauthammer, "The Truth about Torture," The Weekly Standard, 12/05/2005, Volume 011, Issue 12: "Less hypothetically, there is waterboarding, a terrifying and deeply shocking torture technique in which the prisoner has his face exposed to water in a way that gives the feeling of drowning." --Akhilleus (talk) 18:01, 30 January 2008 (UTC)
- Darius Rejali, "Containing Torture: How torture begets even more torture," Slate, Oct. 27, 2006: "Which brings us to the most notorious torture: waterboarding, or choking someone in water. In 1968, a soldier in the 1st Cavalry Division was court-martialed for waterboarding a prisoner in Vietnam. In fact, the practice was identified as a crime as early as 1901, when the Army judge advocate general court-martialed Maj. Edwin Glenn of the 5th U.S. Infantry for waterboarding, a technique he did not hesitate to call torture." --Akhilleus (talk) 02:31, 31 January 2008 (UTC)
Books and articles in books
- Christopher Kutz, "The Lawyers Know Sin: Complicity in Torture," in Greenberg, ed. The Torture Debate in America (Cambridge University Press, 2006), p. 241: "The government lawyers who produced, reviewed, and apparently endorsed these memoranda, including lawyers at both the Department of Justice and the Department of Defense, spent their creative energies shaping a policy whose aim and effect was to legitimate previously illegitimate forms of interrogation and captive treatment--forms ranging from the cruelty and degradation of forced nudity, sexual humiliation, sensory deprivation, and prolonged use of stress positions--to the clearly torturous, most notably including the practice of 'waterboarding,' wherein interrogees are submerged in cold water so as to create the impression of imminent suffocation."
- Kutz (same article), p. 243: "Waterboarding clearly fits the statutory definition of torture, as possibly do techniques of profound humiliation, fear inducement, and physical stress, notwithstanding the memoranda's cramped argument that the later techniques would be merely cruel." --Akhilleus (talk) 06:30, 29 January 2008 (UTC)
From Hypnosadist
- Gary Solis Adjunct professor, Georgetown University Law Center and former Marine Corps judge advocate and military judge. [5] "It remains amazing that, in 2007, any intelligent person can have any question that waterboarding constitutes torture, morally and ethically wrong, and contrary to U.S. law, U.S.-ratified multi-national treaties, and international criminal law."(Hypnosadist) 06:08, 18 January 2008 (UTC)
- Mike McConnell Director of National Intelligence [6] "Asked if waterboarding -- the practice of covering a person's face with a cloth and then dripping water on it to bring on a feeling of drowning -- fit that definition, McConnell said that for him personally, it would." (Hypnosadist) 06:08, 18 January 2008 (UTC)
- This [7] report Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality by Physicians for Human Rights and Human Rights First has a section on waterboarding and the long term effects of torture as well as the legal aspects of torture.
- Reaffirmation of the American Psychological Association Position Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and Its Application to Individuals Defined in the United States Code as “Enemy Combatants” [8]. (Hypnosadist) 10:10, 30 January 2008 (UTC)
From Edison
- Attorney Andrew Williams, on resigning from Navy Judge Advocate General corps [9] (Knight Ridder pres wire service, Dec 27, 2007.) called it torture. Williams in his resignation letter said waterboarding was used as a form of torture by the Inquisition, and by the Gestapo and the Japanese Kempietai. He cites the post-WW2 conviction of Japanese Officer Yukio Asano for waterboarding resulting in a 15 year sentence. Edison (talk) 14:45, 30 December 2007 (UTC)
- The first Secretary of Homeland Security, Tom Ridge, said ""There's just no doubt in my mind — under any set of rules — waterboarding is torture," in an interview with the Associated Press, and at a conference of the American Bar Association. He further said "One of America's greatest strengths is the soft power of our value system and how we treat prisoners of war, and we don't torture," ... "And I believe, unlike others in the administration, that waterboarding was, is — and will always be — torture. That's a simple statement." A week previous to the Ridge statement that waterboarding is torture, Director of National Intelligence Mike McConnellsaid that he would considere waterboarding torture if it were used against him. Reproduced at [10]. Edison (talk) 02:48, 19 January 2008 (UTC)
From GregorB
- American Civil Liberties Union press release: ACLU Outlines Ways Waterboarding has Already Been Declared Illegal by the Federal Government. Says that "American Civil Liberties Union presents indisputable evidence that waterboarding has been repeatedly classified as torture and is banned by U.S. law." Christopher Anders, senior legislative counsel for the ACLU Washington Legislative Office says: "it is hard to find a more clear-cut form of torture than waterboarding". Another text from ACLU, What is Waterboarding?, describes it as "a paradigmatic torture technique that has long been considered a war crime". GregorB (talk) 12:09, 20 January 2008 (UTC)
- Malcolm Nance, a "counter-terrorism and terrorism intelligence consultant for the U.S. government's Special Operations, Homeland Security, and Intelligence agencies": Waterboarding is Torture… Period. Nance has already been mentioned here as a source. In this article he makes three main points: 1) "Waterboarding is a torture technique. Period.", 2) "Waterboarding is not a simulation.", 3) "If you support the use of waterboarding on enemy captives, you support the use of that torture on any future American captives." Says also: "There is No Debate Except for Torture Apologists". GregorB (talk) 12:17, 20 January 2008 (UTC)
- Amnesty International: UNITED STATES OF AMERICA: Slippery slopes and the politics of torture. Says that "there should [...] be no doubt in any [U.S.] official’s mind that waterboarding is torture".
- Amnesty International: USA: Destruction of CIA interrogation tapes may conceal government crimes. Says that "“Waterboarding” is a form of torture".
- Human Rights Watch: U.S.: Vice President Endorses Torture. Says that "Cheney’s comments on the legality of waterboarding contradict the views of the U.S. Congress and the U.S. Defense Department, as well as fundamental principles of international law".
- Cristián Correa (Senior Associate, International Center for Transitional Justice): Debate on waterboarding is artificial; it is clearly torture. The title says it all.
- This is an interesting source as it can add the Pinochet regime to the Historical uses section, though i would like more sources on that if anyone has them. (Hypnosadist) 15:04, 24 January 2008 (UTC)
- Good point. There's also a HRW resource, Waterboarding through history that mentions Hissène Habré, former president of Chad, who was indicted in Belgium for torture. Although drawings are described as "waterboarding", they apparently represent water immersion and water cure. I'm not sure that there is a meaningful difference between those techniques, though. GregorB (talk) 20:30, 24 January 2008 (UTC)
- This is an interesting source as it can add the Pinochet regime to the Historical uses section, though i would like more sources on that if anyone has them. (Hypnosadist) 15:04, 24 January 2008 (UTC)
- Comment. Given the number of sources in favor of this position, we should perhaps consider restricting ourselves only to people named Steve. GregorB (talk) 14:30, 24 January 2008 (UTC)
From Henrik
Navy Lt. Cmdr Charles Swift (ret.) is interviewed on MSNBC's Countdown, broadcast January 17, 2008, (available here) is quoted as saying the following
- Plus we have reports, that are credible, that waterboarding, forced nudity, prolonged isolation, are what we are doing. We may parse it legally, they are not in Europe or Canada or Great Britain. They call it for what it is, torture. This debate, which for us, continues politically in Congress is over in Europe. It's over in Canada. We're losing it there, it's done."
henrik•talk 19:33, 19 January 2008 (UTC)
- A Navy Lt. Cmdr in his role as JAG is definitely an expert authority on whether waterboarding is or is not torture. A verifiable legal authority. Lawrence Cohen 20:15, 19 January 2008 (UTC)
- Sorry, just to make it clear for those who missed it while reading the article: He is retired from the US Navy and currently working as a law professor. henrik•talk 20:33, 19 January 2008 (UTC)
- A Navy Lt. Cmdr Jag who is speaking for JAG, may be a reliable source for JAG. However, if he is speaking for himself, he is only speaking for himself. Was the interview one in which he represented his views as those of the NAVY Jag or as his own? Or did he not say? If he did not say, we may not presume that he speaks for anyone other than himself. --Blue Tie (talk) 01:40, 20 January 2008 (UTC)
- He's speaking for himself being a retired Jag, anyone going to call him anti-american? He can be added as yet another source. (Hypnosadist) 03:07, 20 January 2008 (UTC)
- Complete bullshit. We don't devalue sources in this way. Once your an expert, you're an expert, period, full stop. Lawrence Cohen 06:06, 20 January 2008 (UTC)
From neon white
- Richard Armitage, 13th United States Deputy Secretary of State. Interviewed by By Matt Frei for the BBC in washington. He states that he was water-boarded in trainng and answers when questioned as follows "Of course water-boarding is torture," he said bluntly. "I can't believe we're even debating it. We shouldn't be doing that kind of stuff." --neonwhite user page talk 21:26, 26 January 2008 (UTC)[11]
- From the same article above an unnamed cambodian survivor of the Khmer Rouge describes it's use. --neonwhite user page talk 21:41, 26 January 2008 (UTC)
- Constantine's Sword: The Church and the Jews by James Carrol describes the 'toca' used by the spanish inquisition as torture. --neonwhite user page talk 21:26, 26 January 2008 (UTC)
- Vann Nath, cambodian painter and human rights activist, painted and published memoirs of the Tuol Sleng prison including depictions of water torture. --neonwhite user page talk 22:01, 26 January 2008 (UTC)
- Theodore Roosevelt, [12]
From Ofus
- Press release from Senators Sheldon Whitehouse and Richard Durbin [13]
- " The United States has always repudiated waterboarding as a form of torture and prosecuted it as a war crime. The Judge Advocates General, the highest-ranking attorneys in each of the four military services, have stated unequivocally that waterboarding is illegal and violates Common Article 3 of the Geneva Conventions. Yet, despite the virtually unanimous consensus of legal scholars and the overwhelming weight of legal precedent that waterboarding is illegal, certain Justice Department officials, operating behind a veil of secrecy, concluded that the use of waterboarding is lawful." Ofus (talk) 12:02, 23 February 2008 (UTC)
Sources that assert waterboarding is acceptable
- Not exactly, but pretty close. See below. Remember (talk) 17:19, 6 December 2007 (UTC)
- "..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.
Not Relevant - whether a form of torture is acceptable or not has more to do with the ethics of a government. This still does not deny that waterboarding is torture.Nospam150 (talk) 17:32, 17 December 2007 (UTC)
Just about everyone on Fox News, including both the right and left pundits on The Beltway Boys. See, both sides agree. Obviously, it must be fair and balanced to say that people in the US believe it isn't torture it is torture it's acceptable if it gets results, whatever it's called. Thompsontough (talk) 05:09, 28 December 2007 (UTC)
If we cite McCain and Graham assertion that it is torture, shall we quote Dick Cheney and other politicial, Military, and intelligence officials who assert it is not? Ryratt (talk) 19:19, 25 January 2008 (UTC)
- So far this is only a list of sources. So yes, if you can find unambiguous statements by Cheney or other notable sources, list them here. Of course weighting the sources is a separate process. But so far the "is not" side has been extremely weak in finding any sources, let alone sources of a comparable weight to peer-reviewed medical and law journal articles, explicit statements by law professors, and even JAGs, and actual legal decisions. --Stephan Schulz (talk) 19:49, 25 January 2008 (UTC)
The United States is a signatory to the Convention Against Torture. The main text of the Convention defines torture as follows:
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. (emphasis added)
Under this definition, it is clear that waterboarding is torture if used on a detainee who does not know that they will not be allowed to drown. (By contrast, as used in training, it is not torture, since the trainee knows they will be rescued).
However, in signing the Convention Against Torture, the United States made some reservations. Among them was the following:
. . . the United States understands that, in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from (1) the intentional infliction or threatened infliction of severe physical pain or suffering; (2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (3) the threat of imminent death; or (4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality. (emphasis added)
Subject to this reservation, it is equally clear that waterboarding as it has been used on detainees is not torture. There is no severe physical pain; the severe anguish is mental. And the United States, in ratifying the convention, has said that it will only consider mental anguish to constitute torture if it is prolonged. Since KSM allegedly lasted about 2 minutes, and the others for less time, the mental suffering was not prolonged, so it was not torture. 76.118.179.214 (talk) 14:43, 7 February 2008 (UTC)
- 76.118 that is Andrew C. McCarthy's position and it is noted, dispite being based on his flawed (as in totally wrong) medical opinion. That is waterboarding does not cause severe physical pain when it does due to the oxygen deprivation (as noted in the many sources we have from people who have been waterboarded), and that short exposure to to torure does not cause long term harm (when it does and we have the medical evidence to say so). (Hypnosadist) 15:04, 7 February 2008 (UTC)
- (ec)Some remarks: First, the convention explicitly defines the term "for the purposes of this Convention", not in general. Secondly, I will absolutely maintain that being slowly drowned - even if you know you will be rescued - is "severe physical suffering". Just try to dive 25 m without equipment. If you are reasonably fit, you will feel as if your lung is about to burst (if you are unreasonably fit, substitute 75 m ;-). There is nothing "mental" about this, it is simply the body telling you it wants oxygen. Of course, an additional mental component can make things worse - if at the end of the dive there is a swimmer above you (so you cannot immediately surface), you will very likely experience quite some mental anguish. Finally, if you look at the medical sources, it is very obvious that waterboarding can and does result in long-lasting mental trauma. --Stephan Schulz (talk) 15:33, 7 February 2008 (UTC)
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)
- Please, again, quote where White says that? I don't see it. Lawrence Cohen 17:53, 6 December 2007 (UTC)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- Comment - It is also, then, by this reasoning, an opinion to state that macaroni is a type of noodle, or that Easter is a type of holiday. Again, you should probably try to change the title of Rack (torture) if you want to so radically redefine the term "torture" Badagnani (talk) 21:16, 7 December 2007 (UTC)
- "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)
- 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)
- "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)
- 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)
- Patrick Lee, "Interrogational Torture," The American Journal of Jurisprudence 51 (2006) 143n43: "Whether water-boarding is torture in the proper sense is not clear. It seems to be a very effective practice for obtaining desired information, but it does not seem to cause at least any long-lasting harm. One might at first think that it is an instance of mock execution, but it does not cause the detainee really to think that he will die. One might argue that it does not reduce the detainee to a 'dis-integrated' state, because the process seems to be effective so quickly. It seems to bring about in the individual an almost intolerable feeling of impending harm or even death. On the other hand, one might argue that being in such a state is being in a severely 'dis-integrated' state. If the first argument is correct then I think it is not torture and that it is (in some cases) morally permissible. If the second argument is correct, then it is torture and it is morally wrong. I am not sure which argument is correct." --Akhilleus (talk) 16:07, 19 January 2008 (UTC)
- Heather MacDonald, "How to Interrogate Terrorists," in Greenberg, ed. The Torture Debate in America (Cambridge University Press, 2006), p. 92: "Later, the CIA is said to have used 'water-boarding'--temporarily submerging a detainee in water to induce the sensation of drowning--on Khalid Sheik Mohammmad, the mastermind of the 9/11 attacks. Water-boarding is the most extreme method the CIA has applied, according to a former Justice Department attorney, and arguably it crosses the line into torture." (This is in an article that generally defends the Bush administration's interrogation policies, so it's all the more notable that MacDonald is uneasy about waterboarding.) --Akhilleus (talk) 06:29, 29 January 2008 (UTC)
Sources that assert waterboarding is not torture
Add sources here. —Ka-Ping Yee (talk) 03:45, 8 December 2007 (UTC)
Glenn Beck and Joseph Farah, notable conservative pundits;[2] Congressman Ted Poe, a licensed attorney. 209.221.240.193 (talk) 14:38, 3 January 2008 (UTC)
- Joseph Farah is widely considered an extremist. --neonwhite user page talk 21:31, 26 January 2008 (UTC)
- Do Rush Limbaugh and Sean Hannity count? Thompsontough (talk) 05:11, 28 December 2007 (UTC)
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. [[14]] Inertia Tensor (talk) 09:29, 26 November 2007 (UTC)
- 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)
- 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)
- 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)
- 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)
- 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)
- Actually, this arguement clearly deserves mocking. Simple logic leads to the direct conclusion that waterboarding is torture. Some group of people WHO ARE USING IT say its not torture. That reeks of bias. We can rely on the US government for laws, but we can't rely on them for facts.--Can Not (talk) 01:01, 14 December 2007 (UTC)
- And a group who are not using it are saying that it is; more bias! Relying on the US (or any) government for facts is usually not indicated. htom (talk) 04:44, 14 December 2007 (UTC)
- Actually, this arguement clearly deserves mocking. Simple logic leads to the direct conclusion that waterboarding is torture. Some group of people WHO ARE USING IT say its not torture. That reeks of bias. We can rely on the US government for laws, but we can't rely on them for facts.--Can Not (talk) 01:01, 14 December 2007 (UTC)
- 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)
I don't understand how it could not be torture. Even if it causes no "pain" in the traditional sense, if it is capable of making someone so physically uncomfortable that they will do something against their will, then what is it? It is also true that something like the forced Russian Roulette games in the Deer Hunter were not causing "pain" in the traditional sense, but would that not be considered torture? If the captured American soldiers were being waterboarded by Al-Qaeda, would that be okay? The intellectual dishonesty of not calling it torture astounds me 98.207.98.174 (talk) 19:16, 19 January 2008 (UTC)
References
- ^ Lawmakers: Mukasey must reject "waterboarding", Reuters via Yahoo News, October 29, 2007
- ^ Farrar, Joseph (2008-01-01). "Waterboarding is not Torture". Retrieved 2008-01-01.
Unbelievable
I am stunned that the clear fact that 'Waterboarding' is torture is even being debated. The problem here is that Wikipedia is so very US oriented. It makes Wiki unbalanced and frankly, it sometimes make it look very stupid. It is probably symptomatic of a wider isolation of many in the US from world opinion. If these were U.S. citizens being tortured there would be an outcry of (Justifiably) indignant rage. 'Only in America' as the saying goes. This hypocrisy is at the very heart of the plummeting reputation of the U.S.A. around the world. 'Practice what you preach' and 'Do unto others as you would be done to yourself' also come to mind. Anyone on this website who argues that 'Waterboarding is not clearly and blatantly torture, is very, very stupid almost beyond words. All this myopic hypocrisy will come back to haunt the U.S.A, especially when it come to preaching down to other countries about Human Rights and the Environment. A store of problems for the US and American citizens in the future....... So sad, and so utterly, mind-bendingly stupid. PP. —Preceding unsigned comment added by 212.139.99.110 (talk) 16:46, 30 January 2008 (UTC)
- Born in the USA, live in the USA, and I agree. I'm afraid the melting pot is distilling itself. --Mbilitatu (talk) 18:00, 30 January 2008 (UTC)
- This is not a forum for discussing morality issues. --neonwhite user page talk 19:14, 31 January 2008 (UTC)
- Sorry to burst your bubble 'Neon White', this is clearly and unequivocally NOT a 'morality' issue, it about fact and logic. Misplaced loyalty and patriotism should not blind anyone into accepting the unacceptable. Their is a lot of waffle on this page about what it was called and when this practice started and when it was called this or that. All, frankly, of little in any relevance. Any procedure that is physical, and causes pain or discomfort or fear of imminent death in the subject are torture. Simple isn't it? The fact that a few yahoos think that the current conflicts justify it's use is irrelevant. I might add that it also makes a mockery of the U.S. Constitution, putting the U.S. into the same category as Stalinist Russia and Maoist China. This is clearly not a moral issue, it is most blatantly a factual one. Expending pages of diatribe one what something was called at what date is a total red herring. Unless this Wiki page truthfully and accurately describes 'Waterboarding' as a form of torture, it is holding up the whole principle of Wiki' being of any relevance as a useful source of information. Morality doesn't enter into this issue. PP. —Preceding unsigned comment added by 88.111.135.239 (talk) 14:04, 5 February 2008 (UTC)
- Again this is not a forum for dicsussing personal views on the subject, talk pages are for discussing edits to the article. --neonwhite user page talk 22:38, 5 February 2008 (UTC)
- Where to start? Wikipedia is about verifiable statements, not true ones. Your definition of torture is rather sloppy; not providing supper on Tuesdays may make a prisoner feel discomfort, but it's not reasonably considered to be torture. What you dismiss as waffle and of little relevance is what makes an encyclopedia reliable: the grains of reliable fact are sorted from the blizzard of opinion and guess. You "know" what waterboarding is; we're trying to discover and verify from reliable sources what it is. Your conclusion may be correct, but we are not supposed to jump after it. htom (talk) 15:50, 5 February 2008 (UTC)
- I don't think the issues here are factual or moral. There isn't a huge debate on the procedure. The debate is on what we label it ... torture (with all that comes with that label) or "enhanced interrogation technique". These are perceptual issues, conceptual issues. What is being debated here is which perspective to choose, which label to choose. I imagine that the bulk of the world thinks that this perceptual argument is as silly as debating whether or not The rack is torture or an "enhanced interrogation technique".--Mbilitatu (talk) 17:36, 5 February 2008 (UTC)
- Eeesh...There is plenty of sloppy and inaccurate crap on Wikipedia for sure. However, some facts are clear and obvious enough that any reasonable adult accepts them as clear facts. We aren't talking about minor points of academic interest here. We are talking about an issue that is seen as typical of 'Western Hypocrisy' by the Arab world, - quite correctly too as it happens. It's as corrosive as the sort of stupidity we saw at Abu-Graib. It's for the idiotic yahoos who think that it is NOT clearly torture to come up with something concrete to the contrary. Perhaps they might like to volunteer to try the experience.....? Perceptual/conceptual....are you crazy..? Crucifixion....perceptual...??? I think there are a few people in here that need a severe reality check and perhaps a break from the keyboard into the daylight. There is no real issue about what this procedure entails (It's an old procedure, just given a typically stupid euphemistic modern name.), just an issue about the absurd denial that it is not torture... If it's so acceptable, perhaps it should be introduced as a standard induction procedure for all Wiki editors..... PP.
- I think you misunderstood my point. I agree it is obvious beyond all doubt that waterboarding is torture. Be that as it may, this debate exists. And I think it exists because interested factions are trying to control the perception by trying to influence the label. Thus, I think this Talk page is mostly arguing over the perception of waterboarding. I don't think there is any reasonable debate to be had over waterboarding itself. Sorry about the confusing post.--Mbilitatu (talk) 03:40, 6 February 2008 (UTC)
- That's a refief...! I think that what clearly needs to happen here is for the burden of 'Proof' to shift to those who are seeking to suggest that the obvious facts should be re-interpreted to fit their politically slanted views. PP —Preceding unsigned comment added by 88.110.96.180 (talk) 12:38, 11 February 2008 (UTC)
- I think you misunderstood my point. I agree it is obvious beyond all doubt that waterboarding is torture. Be that as it may, this debate exists. And I think it exists because interested factions are trying to control the perception by trying to influence the label. Thus, I think this Talk page is mostly arguing over the perception of waterboarding. I don't think there is any reasonable debate to be had over waterboarding itself. Sorry about the confusing post.--Mbilitatu (talk) 03:40, 6 February 2008 (UTC)
- Eeesh...There is plenty of sloppy and inaccurate crap on Wikipedia for sure. However, some facts are clear and obvious enough that any reasonable adult accepts them as clear facts. We aren't talking about minor points of academic interest here. We are talking about an issue that is seen as typical of 'Western Hypocrisy' by the Arab world, - quite correctly too as it happens. It's as corrosive as the sort of stupidity we saw at Abu-Graib. It's for the idiotic yahoos who think that it is NOT clearly torture to come up with something concrete to the contrary. Perhaps they might like to volunteer to try the experience.....? Perceptual/conceptual....are you crazy..? Crucifixion....perceptual...??? I think there are a few people in here that need a severe reality check and perhaps a break from the keyboard into the daylight. There is no real issue about what this procedure entails (It's an old procedure, just given a typically stupid euphemistic modern name.), just an issue about the absurd denial that it is not torture... If it's so acceptable, perhaps it should be introduced as a standard induction procedure for all Wiki editors..... PP.
- I don't think the issues here are factual or moral. There isn't a huge debate on the procedure. The debate is on what we label it ... torture (with all that comes with that label) or "enhanced interrogation technique". These are perceptual issues, conceptual issues. What is being debated here is which perspective to choose, which label to choose. I imagine that the bulk of the world thinks that this perceptual argument is as silly as debating whether or not The rack is torture or an "enhanced interrogation technique".--Mbilitatu (talk) 17:36, 5 February 2008 (UTC)
Intent of "Torture" as a distinguishing feature
The underlying problem is that the way the opening statement of this page stands, it does not acknowledge possible use of waterboarding as something that is not "torture". Instead it exclaims that all uses of waterboarding are torture. There is at least an argument that this is not true. Waterboarding was used for US NAVY SEAL SERE training before it was adapted into an interrogation technique for use on "unlawful enemy combatants". (I don't remember where I heard this, I'm afraid, but I did see the movie G.I. Jane). In that form, it did not contain the mens rea element that wikipedia and the UN use to define torture: for "such purposes as obtaining ... information or a confession, punishing ..., or intimidating or coercing ..., or for any reason based on discrimination of any kind." Instead, the mens rea for the waterboarding that the SEALs used was to learn to withstand harsh treatment, not to actually get information. I know it's a subtle distinction, and you could certainly make the argument that even in that situation, it should have been classified as torture, (in G.I. Jane it was used for discriminatory purposes) but that's an opinion that should be acknowledged.
I also think that this article has turned into a competition between a US centric view of wikipedia and an International view, which is unfortunate because it's been an excuse for US bashing which a lot of American users take offense to, and which is counterproductive.
I have a small suggestion. Why don't we just say "Waterboarding, as an act within the definitions of torture of the UN, has been acknowledged by most governments of the world, including the United States, to been used as a form of torture"? This last part is a reference to the Asano case, mentioned in the article, although it would be good to get some more details about what exactly was the "water torture" that was used in that case. --Cdogsimmons (talk) 18:11, 5 February 2008 (UTC)
- "I also think that this article has turned into a competition between a US centric view of wikipedia and an International view, which is unfortunate because it's been an excuse for US bashing which a lot of American users take offense to, and which is counterproductive." How very perceptive of you. 209.221.240.193 (talk) 15:20, 6 February 2008 (UTC)
- I call 'em like I see 'em.--Cdogsimmons (talk) 16:05, 6 February 2008 (UTC)
- The rack could possibly be used for BDSM as well, but it would still be understood and described, by definition, as a form of torture. Waterboarding has been part of SERE training (as verified by Malcolm Nance, who used to be the instructor for this) so that U.S. personnel know what this torture feels like, so that they are better able to withstand it if ever subjected to it in the course of their duties (although, of course, it is banned by international law in the first place, as a form of torture). In this light, your hair-splitting recommendation, relying on the premise that since waterboarding is used in such training, and thus may not be a form of torture in this context, isn't valid. The idea of this training use actually changing the definition of what waterboarding is (a form of torture involving the suffocation with water of a restrained, inclined prisoner) has been proposed, and dismissed earlier in this discussion. Have you read all the discussion archives? I recommend that you do so before commenting further, thanks. Badagnani (talk) 18:44, 5 February 2008 (UTC)
- One small point Badagnani. You are quite right to have made the assumption that I have not read all of the archived discussions. I also don't think I should have to spend three days doing so before I comment on what I perceive to be a current flaw on the page. If you have a point to make that is covered within the archive, please refer me to it specifically. Otherwise I will assume that your comment is attempting to obstruct me in making a comment. I've also noticed that you've repeatedly told others on this talkboard who you disagree with not to comment before they've undertaken this laborious task, and I find your efforts to be disingenuous and not in the spirit of achieving a fair and balanced discussion.--Cdogsimmons (talk) 14:01, 6 February 2008 (UTC)
- It seems to me that implicit in the definition of torture (and perhaps it should be made explicit) is that the victim's participation in the torture is non-consensual (which is slightly different than involuntary.) Branding a victim, and even the serious threat thereof, would be considered torture by almost all legal and moral standards, but if I was to go to the local body mod shop (you know, the place that does tattoos, piercings, ... and brandings), asked for a brand of the EGA on my right shoulder, got exactly the brand I'd asked for ... would you think it was reasonable for me to then complain that I'd been tortured by the shop owner? Now if someone was to drag me off the street and inflict the identical brand on my shoulder, without my consent, my complaint would probably receive considerably more attention; even if it was ordered by a court, I think I'd have a reasonable complaint. Note that the intent here is of the victim, not the doer. People undergoing SERE are volunteers and consent to such training before they undergo that training. htom (talk) 19:31, 5 February 2008 (UTC)
- This is really splitting hairs. The current version is entirely sufficient, and supported by many reliable sources. However, I would agree to "is a torture technique" (which removes that particular hair, as not every application of a torture technique has to be torture). --Stephan Schulz (talk) 19:34, 5 February 2008 (UTC)
- It would seem, at first glance, that the phraseology "form of torture" is very similar to "torture technique," although the latter seems to carry the implication that there's some sort of art/skill involved in doing it. Badagnani (talk) 19:50, 5 February 2008 (UTC)
- Quite frankly this seems utterly irrelevant to this article. --neonwhite user page talk 22:34, 5 February 2008 (UTC)
- I suggest you reread my comments.--Cdogsimmons (talk) 18:16, 6 February 2008 (UTC)
- It's more accurate to call the rack a torture device rather than a form of torture. (Wikipedia's page doesn't call it a form of torture but does refer to the rack being used to torture.) If one is using a rack for BDSM, then you are not technically torturing someone (or yourself), but I take your point Badagnani, that generally, the rack is used as a torture device, because it can obviously be used to torture people. The situation surrounding waterboarding isn't so clear. Is a board a torture device? Not generally. I guess I think that wikipedia should not make such assumptions without establishing facts, especially when those assumptions carry political consequences, and in this case, intent is one of the necessary elements to establish the presence of torture. If you assume that all forms of waterboarding are by definition torture, and the SERE training program is an anomaly, then what's the SERE technique? A training technique that uses something other than waterboarding? It sounds like you are making a community standards argument like with obscenity: If most people think it's obscene then it must be. If most people think the rack's a torture device, it's a torture device. If most people think waterboarding is torture, that's what we'll call it. It sounds convincing, especially since the article doesn't mention the use of it in SERE training, which is odd. Stephan Schulz and htom sum up my point nicely. --Cdogsimmons (talk) 22:48, 5 February 2008 (UTC)
- The term "waterboarding" describes the act; following this logic the object used to strap the prisoner to would presumably be called a "waterboard." The U.S. military is free to expose its members-in-training to any forms of torture they see fit; what such training does not do, however, is change the actual definition of these forms of torture. Cigarette burns would most likely not be used in such training because they produce marks, though waterboarding (which has been favored historically by some regimes because it does not leave marks on the body) and perhaps other similar forms of torture such as electric shocks may be used in such training. If I put a coffee cup on my stereo, it doesn't become a "coffee table"; similarly, the exposure of military members-in-training to torture techniques does not change the well-understood definition of the action to which they are submitted. Badagnani (talk) 23:06, 5 February 2008 (UTC)
- "If you assume that all forms of waterboarding are by definition torture, and the SERE training program is an anomaly, then what's the SERE technique?" Torture, just in a consenting setting.
- "wikipedia should not make such assumptions without establishing facts" We don't, read the many many many sources in the article and at the top of this page. You will see doctors who are world specialists in the treatment of torture who say its torture as well as victims of waterboarding from the three continents and three different wars. Take the hint Waterboarding=Torture. (Hypnosadist) 23:50, 5 February 2008 (UTC)
- So by that reasoning, does Torture=Waterboarding?--Cdogsimmons (talk) 14:14, 6 February 2008 (UTC)
- Simple logic games=loss of good faith. (Hypnosadist) 14:43, 6 February 2008 (UTC)
- So by that reasoning, does Torture=Waterboarding?--Cdogsimmons (talk) 14:14, 6 February 2008 (UTC)
- Considering that you accused htom of colaborating with the CIA, I don't think I really aspire to be within your conception of good faith. You sound kind of paranoid. However, to counter your somewhat nonsensical comment, I maintain that I am operating within logical limitations.--Cdogsimmons (talk) 18:20, 6 February 2008 (UTC)
- "Considering that you accused htom of colaborating with the CIA" No i accused him working in a way that would acheve the CIA's objectives, not the same thing, anyway I WAS WRONG, SORRY HTOM!. But now you have read the archives i don't have answer your questions as they have been all answered before. (Hypnosadist) 12:35, 7 February 2008 (UTC)
- Considering that you accused htom of colaborating with the CIA, I don't think I really aspire to be within your conception of good faith. You sound kind of paranoid. However, to counter your somewhat nonsensical comment, I maintain that I am operating within logical limitations.--Cdogsimmons (talk) 18:20, 6 February 2008 (UTC)
- Collaboration I'll take the shouting and tardiness for sincerity and say "thank you", even though I'm not sure that that's there. htom (talk) 22:02, 7 February 2008 (UTC)
- Comment - Malcolm Wrightson Nance was the actual head of SERE training and he says that waterboarding is absolutely a form of torture.[15] Badagnani (talk) 00:04, 6 February 2008 (UTC)
- That is very interesting. I wonder if he was admitting to committing war crimes when waterboarding was being applied to consenting US military personel, or whether he was saying that waterboarding could be classified as torture when used on non-consenting individuals. htom's comment is on point. Intent matters. The UN doesn't punish people for being into BDSM or getting freaky branding tattoos. --Cdogsimmons (talk) 00:33, 6 February 2008 (UTC)
- Comment - Again specious; Nance states that--in the context of his training--"As the event unfolded, I was fully conscious of what was happening: I was being tortured.", "as a torture instrument, waterboarding is a terrifying, painful and humiliating tool" and "waterboarding is a torture technique – period". Badagnani (talk) 00:35, 6 February 2008 (UTC)
- Specious? I'm curious as to what exactly I've said is specious. I just said that intent matters. I guess in your opinion, BDSM is a form of torture that should be punished by the UN? Or what? You just want to shoot down an argument that presents a possibility that defining waterboarding unconditionally as torture should be qualified? I understand your concern. The topic is sensitive. And I appreciate your zealous arguments. They are in fact quite convincing in the sense that Nance is probably a good authority on the matter. But Nance's opinion is not a legally binding definition of torture which is what I'm talking about. (As a small aside I will note that the UN has some sway, although probably not enough to get those poor bastards in Guantanamo a fair trial. The definition of torture and waterboarding we should be worrying about is the one that's most relevant at the moment and that's the definition adopted by the US Attorney General and the US Congress. They are the ones who write and interpret the law as applied to the people who possibly are or have actually been waterboarded. That's why we're having this discussion, not because of some academic interest in how POWs were given water torture during WWII. And, no offense, your opinion that my argument is specious without explaining yourself, isn't going to convince them.) You haven't answered my real point: That the intent of the torturer is a necessary component in defining torture, and so the intent of person waterboarding someone is a necessary component of defining waterboarding as torture. That necessary element is not mentioned in this article and so it gives the wrong impression. That's my point. I am NOT saying that waterboarding cannot be used as a form of torture.--Cdogsimmons (talk) 03:35, 6 February 2008 (UTC)
- I also just have to clarify, that although I agree with htom that the intent of an individual in subjecting himself to "torture" may create an affirmative defense for that torture, the definitional issue of the crime of torture involves the intent of the supposed torturer. Therefore, even if G.I Jane allows herself to be tortured, this could still qualify as torture under the UN definition assuming that she was tortured for an illegitimate reason (discrimination), but the intent of the torturer remains the operative intent element, the mens rea, of the crime. It is also necessary in defining the crime.--Cdogsimmons (talk) 04:00, 6 February 2008 (UTC)
- What is the point of this logic game? What are you proposing to make this article better or is this more chaff? (Hypnosadist) 08:07, 6 February 2008 (UTC)
- I think that the first sentence should be modified to say that waterboarding can be used as a form of torture, not that it is a form of torture.--Cdogsimmons (talk) 13:49, 6 February 2008 (UTC)
- "waterboarding can be used as a form of torture" What else is it used for? (Hypnosadist) 14:48, 6 February 2008 (UTC)
- Apart from SERE where is used to replicate being tortured by the enemy, by being tortured by your peers. (Hypnosadist) 14:51, 6 February 2008 (UTC)
- It's unclear whether voluntarily subjecting yourself waterboarding can accurately be legally classified as torture within the meaning of the US or UN definitions of torture but I doubt it. The SERE example is an example where that's taken place, but you seem to dismiss its existence so easily. I can also think of Daniel Levin who was writing a White House memo about waterboarding before he got the axe who subjected himself to it. I doubt that the UN could reasonably prosecute the people who supervised that test for torture.--Cdogsimmons (talk) 16:32, 6 February 2008 (UTC)
- I disagree. The first sentence should define the subject. Compare "A hammer is a tool meant to deliver blows to an object" vs "A hammer can be used to drive nails" (but then so can a stone, the blunt side of an axe, an in a pinch, a robust piece of hard wood). --Stephan Schulz (talk) 14:16, 6 February 2008 (UTC)
- I think a more apt comparison would be to a noun that describes an action. For example murder. It's more accurate to say, "Murder is a form of unlawful killing of a human person that requires premeditation," rather than just "Murder is a form of unlawfully killing people." The intent of the actor is important to defining the issue. Without premeditation, unlawfully killing someone might not in fact be murder at all. It could be manslaughter. I do not dispute that waterboarding can be defined as torture. I just think that we need to explain why it can be defined as torture.--Cdogsimmons (talk) 15:28, 6 February 2008 (UTC)
- A better analogy would be "cutting a living person's head off is a form of homicide." There may be situations where doing so is lawful, say as a form of execution or when it happens during wartime combat using swords, but it is always homicide. Similarly there may be situations where waterboarding is lawful, as in training to prepare soldiers for possible torture if captured, but is is always torture. --agr (talk) 16:17, 6 February 2008 (UTC)
- Homicide does not have a required intent element. Torture does. That is not a better analogy.--Cdogsimmons (talk) 16:35, 6 February 2008 (UTC)
- Just to clarify in case people missed it, the intent element (the mens rea) of torture under the UN's definition in the United Nations Convention Against Torture is: for "such purposes as obtaining ... information or a confession, punishing ..., or intimidating or coercing ..., or for any reason based on discrimination of any kind." Under the US's definition in 18 USC 2340, it is: "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."--Cdogsimmons (talk) 16:44, 6 February 2008 (UTC)
- Just to clarify in case cdog missed it, we use a standard english definition of torture, and SERE waterboarding is torture. If you want to say the SERE training is not torture then find a source, we have sources that say it is torture. (Hypnosadist) 17:36, 6 February 2008 (UTC)
- Hypnosadist, are you referring to English law's definition of torture (as in the United Kingdom's laws)? Or the English language's definition of torture? I propose that you are wrong on both counts. First, I'm not currently aware what the status of torture is under English law, but I seriously doubt it lacks a mens rea element. I invite you to prove me wrong. Second, if you are referring to the English language's definition of torture I seriously doubt you actually mean that because the English language's definition of torture is vague and without a non-vague legally binding definition of torture, there cannot be an application of law, and I assume that's what you're about right? Stopping unlawful torture? At least I hope you are. (Also, it would be nice if you quoted a source rather than just deciding for the rest of us what torture means without telling us.) Anyway, let's just say for argument's sake that the commonly used English understanding of torture is what the torture law refers to. I'll take a standard definition of torture. Say Websters, which can be found here. There are three definitions it gives for torture.
- Just to clarify in case cdog missed it, we use a standard english definition of torture, and SERE waterboarding is torture. If you want to say the SERE training is not torture then find a source, we have sources that say it is torture. (Hypnosadist) 17:36, 6 February 2008 (UTC)
- Just to clarify in case people missed it, the intent element (the mens rea) of torture under the UN's definition in the United Nations Convention Against Torture is: for "such purposes as obtaining ... information or a confession, punishing ..., or intimidating or coercing ..., or for any reason based on discrimination of any kind." Under the US's definition in 18 USC 2340, it is: "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."--Cdogsimmons (talk) 16:44, 6 February 2008 (UTC)
- Homicide does not have a required intent element. Torture does. That is not a better analogy.--Cdogsimmons (talk) 16:35, 6 February 2008 (UTC)
- A better analogy would be "cutting a living person's head off is a form of homicide." There may be situations where doing so is lawful, say as a form of execution or when it happens during wartime combat using swords, but it is always homicide. Similarly there may be situations where waterboarding is lawful, as in training to prepare soldiers for possible torture if captured, but is is always torture. --agr (talk) 16:17, 6 February 2008 (UTC)
- I think a more apt comparison would be to a noun that describes an action. For example murder. It's more accurate to say, "Murder is a form of unlawful killing of a human person that requires premeditation," rather than just "Murder is a form of unlawfully killing people." The intent of the actor is important to defining the issue. Without premeditation, unlawfully killing someone might not in fact be murder at all. It could be manslaughter. I do not dispute that waterboarding can be defined as torture. I just think that we need to explain why it can be defined as torture.--Cdogsimmons (talk) 15:28, 6 February 2008 (UTC)
- I think that the first sentence should be modified to say that waterboarding can be used as a form of torture, not that it is a form of torture.--Cdogsimmons (talk) 13:49, 6 February 2008 (UTC)
- What is the point of this logic game? What are you proposing to make this article better or is this more chaff? (Hypnosadist) 08:07, 6 February 2008 (UTC)
- I also just have to clarify, that although I agree with htom that the intent of an individual in subjecting himself to "torture" may create an affirmative defense for that torture, the definitional issue of the crime of torture involves the intent of the supposed torturer. Therefore, even if G.I Jane allows herself to be tortured, this could still qualify as torture under the UN definition assuming that she was tortured for an illegitimate reason (discrimination), but the intent of the torturer remains the operative intent element, the mens rea, of the crime. It is also necessary in defining the crime.--Cdogsimmons (talk) 04:00, 6 February 2008 (UTC)
- 1 a. anguish of body or mind ; agony b. something that causes agony or pain
- 2. the infliction of intense pain (as from burning, crushing, or wounding) to punish, coerce, or afford sadistic pleasure
- 3. distortion or overrefinement of a meaning or an argument
- Under definitions 1 and 3, this argument alone by your reasoning would get us in trouble with the UN (because it's causing an anguish of mind, my mind; and of course this entire argument is a huge overrefinement, as in, you are torturing this argument). The other definition contains a mens rea element: "to punish, coerce, or afford sadistic pleasure". That's the intent element that is necessary to define the action of torturing someone. Without it, there would just be an "infliction of intense pain", which would not fully qualify as torture. (We don't prosecute people who inflict intense pain for torture. Think of an injury caused by a motor vehicle accident.) So unless you think that you and I should be punished by the UN for the coversation we've just had, I urge you to actually consider the points that I am making with some seriousness instead of coming at me like an attack dog. I would be interested in seeing any sources you have that say the instances of SERE waterboarding were instances of legal torture that are prosecutable.--Cdogsimmons (talk) 18:01, 6 February 2008 (UTC)
- "Or the English language's definition of torture?" Yes thats right, wikipedia is not a legal dictionary. (Hypnosadist) 12:17, 7 February 2008 (UTC)
- "I would be interested in seeing any sources you have that say the instances of SERE waterboarding were instances of legal torture that are prosecutable" Never said i had any legal sources about SERE. You got any sources that support you? (Hypnosadist) 12:39, 7 February 2008 (UTC)
- Under definitions 1 and 3, this argument alone by your reasoning would get us in trouble with the UN (because it's causing an anguish of mind, my mind; and of course this entire argument is a huge overrefinement, as in, you are torturing this argument). The other definition contains a mens rea element: "to punish, coerce, or afford sadistic pleasure". That's the intent element that is necessary to define the action of torturing someone. Without it, there would just be an "infliction of intense pain", which would not fully qualify as torture. (We don't prosecute people who inflict intense pain for torture. Think of an injury caused by a motor vehicle accident.) So unless you think that you and I should be punished by the UN for the coversation we've just had, I urge you to actually consider the points that I am making with some seriousness instead of coming at me like an attack dog. I would be interested in seeing any sources you have that say the instances of SERE waterboarding were instances of legal torture that are prosecutable.--Cdogsimmons (talk) 18:01, 6 February 2008 (UTC)
Certainly torture involves the intentional infliction of torment, but the procedure of waterboarding is enough to establish that intent. There is no other plausible explanation of why you tied the victim to a board, covered his mouth with a cloth and poured water over his head. It is analogous to tying someone up, putting his head under the guillotine and releasing the rope holding up the blade: there would be no question you intended to cut the person's head off.--agr (talk) 01:49, 7 February 2008 (UTC)
- I think I've explained why I think this page should be altered. It promotes a definition that does not acknowledge that the intent of the "waterboarder" alters whether or not waterboarding is torture, (and torture is vaguely defined in general and not defined at all on the page). I think it's misleading. I also think that politics are starting to get in the way of what should instead be a quest to create the most hosnest definition. I know I have certainly been influenced by my own disgust at my government's acknowledged use of the practice, and I hope those resposible are prosecuted to the full extent of the law for what I consider to be a reprehensible crime. But that's beside the point. I'm afraid that this will be my last edit on this page (for at least a while). It's distracting me from school. You have my opinion.--Cdogsimmons (talk) 02:53, 7 February 2008 (UTC)
- You haven't suggested any plausible intent for the act of waterboarding other than torture. In addition, you would have to provide reliable sources that make this supposed distinction and these would have to be of sufficient weight to compare with the numerous sources we have that do not split this hair. --agr (talk) 04:21, 7 February 2008 (UTC)
Its official "CIA admits waterboarding inmates"
This story from the BBC ->[16] and on super tuesday, what a coincidence. (Hypnosadist) 01:01, 6 February 2008 (UTC)
- Not terribly shocking. Interesting passage from that article, and keep in mind the BBC is an exemplary reliable source, so we're certainly going to use this:
- "Waterboarding, condemned as torture by rights groups and many governments, is an interrogation method that puts the the detainee in fear of drowning."
- Very critical wording there. Lawrence § t/e 14:46, 6 February 2008 (UTC)
- Yes, so this passage, and possibly a number of others (I admit I haven't read this article too closely) should probably be updated to reflect this admission: "Many reports say that intelligence officers of the United States used waterboarding to interrogate prisoners captured in its War on Terrorism.". I figure that part is for example now sort of redundant as CIA themselves have admitted to using this interrogation technique. — Northgrove 18:21, 6 February 2008 (UTC)
Some more sources:
- An article in the February 7 edition of the Sydney Morning Herald under the headline US admits water torture. Note that this article reports that three (named) people have been subjected to waterboarding, and the confirmation came in hearings before the US Senate by CIA Director General Michael Hayden. Hayden banned the practice in 2006, but it is still permitted with the approval of the AG and the President.
- A similar report from the February 7 edition of The New York Times under the hedline Spy Chief Confirms Three Waterboardings. This article uses more guarded language, but does directly quote Hayden's testimony.
- It was preceded by a more detailed Reuters report Bush Approved CIA Disclosure on Waterboarding.
Based on these relaiable sources, it seems to me that the article section Waterboarding#Contemporary_use_and_the_United_States can be substantially shortened and re-written in a definitive way. There is no doubt that the CIA has used waterboarding. Jay*Jay (talk) 04:02, 7 February 2008 (UTC)
2004 "Waterboarding" vs 1991 "Water board torture"
Is the "Chinese Water Board Torture" referred to by the 1991 US GAO report the same as what is referred to as "Waterboarding" in 2004. If they are not the same, how are the acts different, and how are the two terms related?
Should the opening line be:
- Waterboarding (also known as "Water board torture") is ...
or
- Waterboarding is a CIA interrogation technique similar to "Chinese water board torture" in which ...
Either "Waterboarding" is another name for "Water board torture" which is very similar to the Inquisition Toca torture,
Or "Waterboarding" was invented by some creative CIA agents with too much time on their hands and any resemblance to previous torture techniques is coincidental.
Nospam150 (talk) 17:22, 6 February 2008 (UTC)
- I think an etymology section at the start of the history section would be better, or starting each paragraph in the history section with what it was called in that time period. (Hypnosadist) 17:44, 6 February 2008 (UTC)
Legality of Waterboarding under the UDHR
This is a small point that I don't think requires debate. The United States Supreme court in Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) said that the Universal Declaration of Human Rights "does not of its own force impose obligations as a matter of international law." That deserves mention in this article because the article is unclear whether the US is bound to follow the UDHR.--Cdogsimmons (talk) 17:37, 6 February 2008 (UTC)
- We need a secondary source that mentions this case, but it certainly seems relivent to the application of the UDHR to waterboarding. (Hypnosadist) 13:27, 7 February 2008 (UTC)
I bumped this down to the US section, as it's only relevant to the United States. See edit. Lawrence § t/e 05:16, 19 February 2008 (UTC)
Continuing to write the article
I think the following should be added to the article in the history section between Colonial times and World War 2;
After the Spanish-American War of 1898
After the Spanish American War of 1898 in the Philippines, the US Army used waterboarding which was called the “water cure” or “Chinese water torture.” President Theodore Roosevelt ordered the court-martial of the American General on the island of Samar for allowing his troops to waterboard, when the court-martial found only that he had acted with excessive zeal Roosevelt disregarded the verdict and had the General dismissed from the Army. [17]
I'm not bothered about the wording but i think this set of events is important to this article and the current US debate. (Hypnosadist) 13:56, 7 February 2008 (UTC)
- Anyone got any suggestions to improve the above proposed section, or any objections? (Hypnosadist) 15:25, 8 February 2008 (UTC)
- Adding this now article is unprotected. (Hypnosadist) 16:14, 16 February 2008 (UTC)
- Looks good. Lawrence § t/e 05:16, 19 February 2008 (UTC)
- Adding this now article is unprotected. (Hypnosadist) 16:14, 16 February 2008 (UTC)
article on CIA's view of waterboarding - thinks its legality is questionable
Interesting article on Hayden's recent testimony - [18]. Money quote - ""It is not included in the current program, and in my own view, the view of my lawyers and the Department of Justice, it is not certain that that technique would be considered to be lawful under current statute," Hayden said. Though now legally questionable, Hayden said waterboarding was legal in 2002 and 2003, a time period when the technique was used to interrogate Al-Qaida detainees. "All the techniques that we've used have been deemed to be lawful," he said." This information (or at least a link to the article to reflect the CIA's view) should be added to the article. Remember (talk) 20:15, 7 February 2008 (UTC)
UN special rapporteur on torture Manfred Nowak: U.S.'s defense of waterboarding "absolutely unacceptable"
See article. Badagnani (talk) 21:38, 7 February 2008 (UTC)
LA Times reports WH says waterboarding is legal
Here's a link to the article. Finally a statement from the administration on the practice [19]. Remember (talk) 22:12, 7 February 2008 (UTC)
Waterboarding torturers saying it is legal - so...., the question is whether it is or is not torture. criminals do not get to define crimes. Inertia Tensor (talk) 06:35, 8 February 2008 (UTC)
- I included this link not to point out that it is legal, just to point out a source to add to the article that shows that Bush administration's definitive statement on waterboarding. Remember (talk) 13:41, 8 February 2008 (UTC)
Broaden
This article is way to American-centric. ~ UBeR (talk) 16:35, 8 February 2008 (UTC)
- I agree, considering that technique has been used for a long time and in many different circumstances. Could we consider using WP:SS to reduce the undue weight given to current US practices (which are only one example of many) once this is unprotected? Calliopejen1 (talk) 20:44, 8 February 2008 (UTC)
- I don't see how WP:SS would help. We do have zillions of extremely good recent sources, and rather fewer old ones. This is not an issue of undue weight, but if anything of systeic bias (and is this case, of systemic bias in the sources). --Stephan Schulz (talk) 21:10, 8 February 2008 (UTC)
- It's undue weight because in historical perspective this is just one example. I don't disagree that we have more sources on it; that's obviously true. But when we are trying to present a picture of waterboarding as a general practice it does not make sense to have more than half of the article be examples from the last five years about the US military. Much of the merit of summary style is that it allows basic articles to be balanced and anyone who wants more current information see it as well. Calliopejen1 (talk) 22:03, 8 February 2008 (UTC)
- It's inevitable that most of this article is going to be about the recent use of waterboarding by the U.S. against certain people and the political controversy that resulted. But the level of detail in a lot of the article can be reduced--the quotes are too extensive, we don't need to say much about KSM/Abu Zubaida other than that the U.S. gov't. has acknowledged using waterboarding on them, the presidental campaign section can be reduced, etc. --Akhilleus (talk) 22:11, 8 February 2008 (UTC)
- Akhilleus there is no reason to delete accurate sourced info, i still say the way to remove the US bias is to split the US section of to US waterboarding controversy and leave this article to cover the method, effects and history of waterboarding. At the same time we could do the much needed re-write of the US section now the CIA says it has waterboarded. (Hypnosadist) 15:12, 9 February 2008 (UTC)
- I agree with that. --neonwhite user page talk 20:26, 9 February 2008 (UTC)
- I agree with User:Hypnosadist. There should be a separate article on the issue in the United States. I've only heard press coverage about the US regarding this issue, not any other country. SpencerT♦C 15:21, 9 February 2008 (UTC)
- Look, this article doesn't need to tell the story of how Khalid Sheikh Mohammed was interrogated; he's got his own article, where that information can be found. All this article needs to do is note that "the U.S. has acknowledged using waterboarding against three suspected terrorists after September 2001: KSM, Abu Zubaida, and Abd al-Rahim al-Nashiri." As for "deleting sourced information", do you really think that having a 10-sentence quote from Rudolph Giuliani is essential to the article? There are an excessive number of quotes and the quotes are excessively long. --Akhilleus (talk) 15:34, 9 February 2008 (UTC)
- "All this article needs to do is note that "the U.S. has acknowledged using waterboarding against three suspected terrorists after September 2001: KSM, Abu Zubaida, and Abd al-Rahim al-Nashiri."" Thats just not true, it does not give any context to those statements.
- "do you really think that having a 10-sentence quote from Rudolph Giuliani is essential to the article?" To this current article, No. To the article US waterboarding controversy they would be very notable quotes as part of the Presidential Race of 08. There is just no need to delete when a split would enhance the encyclopedia. (Hypnosadist) 18:43, 9 February 2008 (UTC)
- Akhilleus there is no reason to delete accurate sourced info, i still say the way to remove the US bias is to split the US section of to US waterboarding controversy and leave this article to cover the method, effects and history of waterboarding. At the same time we could do the much needed re-write of the US section now the CIA says it has waterboarded. (Hypnosadist) 15:12, 9 February 2008 (UTC)
- It's inevitable that most of this article is going to be about the recent use of waterboarding by the U.S. against certain people and the political controversy that resulted. But the level of detail in a lot of the article can be reduced--the quotes are too extensive, we don't need to say much about KSM/Abu Zubaida other than that the U.S. gov't. has acknowledged using waterboarding on them, the presidental campaign section can be reduced, etc. --Akhilleus (talk) 22:11, 8 February 2008 (UTC)
- It's undue weight because in historical perspective this is just one example. I don't disagree that we have more sources on it; that's obviously true. But when we are trying to present a picture of waterboarding as a general practice it does not make sense to have more than half of the article be examples from the last five years about the US military. Much of the merit of summary style is that it allows basic articles to be balanced and anyone who wants more current information see it as well. Calliopejen1 (talk) 22:03, 8 February 2008 (UTC)
- I don't see how WP:SS would help. We do have zillions of extremely good recent sources, and rather fewer old ones. This is not an issue of undue weight, but if anything of systeic bias (and is this case, of systemic bias in the sources). --Stephan Schulz (talk) 21:10, 8 February 2008 (UTC)
CIA allowing contractors to use Waterboarding
Just wondering if you have seen this article yet from the Wall Street Journal, which says: "CIA Likely Let Contractors Perform Waterboarding"
"The CIA's secret interrogation program has made extensive use of outside contractors, whose role likely included the waterboarding of terrorist suspects, according to testimony yesterday from the CIA director and two other people familiar with the program.
Many of the contractors involved aren't large corporate entities but rather individuals who are often former agency or military officers. However, large corporations also are involved, current and former officials said. Their identities couldn't be learned.
"The broader involvement of contractors, and the likelihood they partook in waterboarding, raises new legal questions about the Central Intelligence Agency's use of the practice, ..."' http://online.wsj.com/article/SB120241180470751381.html?mod=rss_whats_news_us Thanks.Giovanni33 (talk) 23:08, 8 February 2008 (UTC)
Errors in opening paragraph.
- Although waterboarding can be performed in ways that leave no lasting physical damage, it carries the 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.[4] The psychological effects on victims of waterboarding can last for years after the procedure.[5]
Lung and brain damage is lasting physical damage. The inhalation of water and later respiratory ailments that can arise are lasting physical damage. Broken bones are deemed lasting physical damage due to the fact that breaks remain prominant and complications can occur with them for many decades after the injury is occured. Psychological effects may be deemed 'physical damage' under almost all legislation in common law countries as well as most codified countries.
- Today it is considered to be torture by a wide range of authorities, including legal experts,[4][7] politicians,[8] war veterans,[9][10] intelligence officials,[11] military judges,[12] and human rights organizations.[13][14]
Any interrogation method that involves applying physical force to a prisoner, restraining them and asphyxiating them especially, would be deemed torture by any sensible educated person. The contention of whether or not it is torture, in my opinion, is merely indicative that there have been trolls present claiming it's a legitimate interrogation method. The fact of the matter is, if there were a census to be held and we were to vote on whether it is torture or not, there would be an overwhelming majority affirmation that it is.
Thus, I suggest someone edit these passages to remove all weaselism, or we'll get straight to the voting. 58.107.154.192 (talk) 10:28, 10 February 2008 (UTC)
- Please read the discussions above and in the archives. Wikipedia is not a democracy. --neonwhite user page talk 15:56, 10 February 2008 (UTC)
"Politicians" -> Carter
On two occasions, I believe, an interview with Jimmy Carter on CNN is used for the argument that "water boarding is considered torture by various politicians" or something to that respect. The source, the interview with Carter, however, makes no mention whatsoever of waterboarding. That source therefore makes it inappropriate for that statement in the article. I would suggest if you would like to keep "politicians" in that you use perhaps something McCain has said about waterboarding. ~ UBeR (talk) 03:38, 11 February 2008 (UTC)
- I agree but due to the attacks on this article its still protected. (Hypnosadist) 13:21, 11 February 2008 (UTC)
- If there is clear consensus, I or any other admin can edit the protected article accordingly. --Stephan Schulz (talk) 13:47, 11 February 2008 (UTC)
- I'm still trying to get concensus on a split (see section above) and then this could be delt with in more detail. Meanwhile this story from newsweek is mentioned above as a source for McCain's views [20] and the ref could be added to make "politicians" mean more than one politician. (Hypnosadist) 14:21, 11 February 2008 (UTC)
Another article by someone who experience waterboarding
Recent article by a person who was waterboarded in a controlled setting calling it torture. [21] —Preceding unsigned comment added by Remember (talk • contribs) 13:47, 11 February 2008 (UTC)
- Great source! (Hypnosadist) 14:24, 11 February 2008 (UTC)
- Also helps with the etymology of waterboarding as well. (Hypnosadist) 14:27, 11 February 2008 (UTC)
New photo available
proposed addition
I can't figure out if my addition is related to the supposed content dispute under arbitration, so I'll leave my submission here in the hopes that it is integrated by a more knowledgeable admin. I propose placing it before the last paragraph on opinion polls in the section "Controversy in the United States".
Numerous military authorities have decried the use of waterboarding. In 2006, the Senate Judiciary Committee asked the senior uniformed lawyers of the four armed services for written commentary on waterboarding; all four stated that the practice was inhumane and illegal. They were subsequently supported by several retired colleagues.[1] Similarly, in December 2007 twenty-eight retired generals and admirals wrote an open letter to the House and Senate intelligence committees urging them to prohibit the CIA from engaging in harsh interrogation techniques.[2] The same month, the Armed Forces Journal wrote an editorial declaring, "Waterboarding is a torture technique that has its history rooted in the Spanish Inquisition. ... And as with all torture techniques, it is, therefore, an inherently flawed method for gaining reliable information. In short, it doesn’t work."[3]
Thanks, BanyanTree 12:24, 13 February 2008 (UTC)
Edit please
{{editprotected}} The following paragraph is being requested for placement in section 6.1 "United States" as the last paragraph. It is current news, pertinent, simply stated and referenced.
President Bush of the United States has defended the use of waterboarding for interrogation in an interview aired by the BBC February 14 2008. He stated, "We'll make sure professionals have the tools necessary to do their job within the law," suggesting that waterboarding is legal.[4] On the same day however, Stephen Bradbury, a justice department official gave evidence to a congressional committee regarding waterboarding. He stated, "Let me be clear, though: There has been no determination by the justice department that the use of waterboarding, under any circumstances, would be lawful under current law."[5]
- Steve3849 talk 00:50, 15 February 2008 (UTC)
- Sorry, but I don't see this as uncontroversial. Especially the sentence "suggesting that waterboarding is legal" is a deduction, not something he actually said. And the source is insufficiently complete to fully support that deduction. --Stephan Schulz (talk) 01:09, 15 February 2008 (UTC)
- Heres the transcript from the BBC. [22] (Hypnosadist) 01:25, 15 February 2008 (UTC)
- Frei: The Senate yesterday passed a bill outlawing water-boarding. You, I believe, have said that you will veto that bill.
- Mr Bush: That's not -
- Frei: Does that not send the wrong signal...
- Mr Bush: No, look... that's not the reason I'm vetoing the bill. The reason I'm vetoing the bill - first of all, we have said that whatever we do... will be legal. Secondly, they are imposing a set of standards on our intelligence communities in terms of interrogating prisoners that our people will think will be ineffective. And, you know, to the critics, I ask them this: when we, within the law, interrogate and get information that protects ourselves and possibly others in other nations to prevent attacks, which attack would they have hoped that we wouldn't have prevented? And so, the United States will act within the law. We'll make sure professionals have the tools necessary to do their job within the law. Now, I recognise some say that these - terrorists - really aren't that big a threat to the United States anymore. I fully disagree. And I think the president must give his professionals within the law the necessary tools to protect us. So, we're not having a debate not only how you interrogate people. We're having a debate in America on whether or not we ought to be listening' to terrorists making' phone calls in the United States. And the answer is darn right we ought to be.
- Frei: But, given Guantanamo Bay, given also Abu Ghraib, given renditions, does this not send the wrong signal to the world?
- Mr Bush: It should send a signal that America is going to respect law. But, it's gonna take actions necessary to protect ourselves and find information that may protect others. Unless, of course, people say, "Well, there's no threat. They're just making up the threat. These people aren't problematic." But, I don't see how you can say that in Great Britain after people came and, you know, blew up bombs in subways. I suspect the families of those victims are - understand the nature of killers. And, so, what people gotta understand is that we'll make decisions based upon law. We're a nation of law. Take Guantanamo. Look, I'd like it to be empty. On the other hand, there's some people there that need to be tried. And there will be a trial. And they'll have their day in court. Unlike what they did to other people. Now, there's great concern about, you know, and I can understand this. That these people be given rights. The - what - they're not willing' to grant the same rights to others. They'll murder. But, you gotta understand, they're getting rights. And I'm comfortable with the decisions we've made. And I'm comfortable with recognising this is still a dangerous world.
- Thats the relivent bit. (Hypnosadist) 01:35, 15 February 2008 (UTC)
- And indeed, Bush does not make a clear statement about waterboarding and its legality (or even his belief of its legality). The bill in question would outlaw waterboarding and other techniques, and Bush is only talking about "the tools". I find Bush stupid and scary, but we should stick to verifiable facts. BTW, I find Lieberman outright unbelievable: "We have to allow the president to allow the toughest measures to be used when there is an imminent threat to our country" - so either he is way more stupid than I would expect, or there is at least one US senator who is fine with electroshocks, the rack, and the blowtorch. Of course only if the president thinks there might be "an imminent threat to our country".... --Stephan Schulz (talk) 01:53, 15 February 2008 (UTC)
- I've considered your points and see their validity. So anyway, let me attempt once more: the quote by the Chief and Commander is not being misconstrued here. The CIA has publically admitted to waterboarding[6] and the President is saying in reply to a waterboarding question that the United States is within the law. To say this requires deduction is a long stretch. The referenced news article itself is reasonable enough. To suggest that there is an issue of deduction in the reference material gives the President the grace of not having answered the question. Yet, he did. He makes controversial statements regularly, but I contest although his statements themselves are controversial there is not necessarily a matter of dispute in my edit. This section is about the United States and waterboarding. Who better to quote than the current President and the head of the justice department office of legal counsel? I still think my edit is both neutral and relevant. The following is my new edit, please reconsider:
President Bush of the United States has defended the use of waterboarding for interrogation in an interview aired by the BBC February 14 2008. He was asked a question regarding waterboarding. In reply he proposed that one question whether information that has been received in interrogations has been valuable and stated that "the United States will act within the law." He also stated, "We'll make sure professionals have the tools necessary to do their job within the law."[7] Also on February 14 2008, Stephen Bradbury, a justice department official gave evidence to a congressional committee regarding waterboarding. He stated, "There has been no determination by the justice department that the use of waterboarding, under any circumstances, would be lawful under current law."[8] The CIA has admitted to using waterboarding at Guantanamo Bay in interrogations in 2002 and 2003.[9]
Admittedly my knowledge is novice and perhaps naive. I won't be pressing further. Maybe someone else can pick up the ball if they find it worth doing so. - Steve3849 talk 04:01, 15 February 2008 (UTC)
Declined. No clear consensus. The article is already far too much focused on waterboarding as a contemporary US political issue, IMHO (see WP:RECENT). Sandstein (talk) 22:56, 16 February 2008 (UTC)
- The article was no longer protected. The edit request didn't get removed promptly. My apologies, but thank you for the additional feedback. - Steve3849 talk 23:44, 16 February 2008 (UTC)
References
- ^ "Ambiguity That Dishonors America, Letter to the Editor by Judge Advocate General of the Navy Thomas Romig and Judge Advocate General of the Navy Donald Guter, The Washington Post, November 8, 2007. See also "Retired Judge Advocates General Write To Leahy Condemning Waterboarding", hosted by liberal Center for American Progress
- ^ "CIA Chief: Hill Should Have Been Told More" by Walter Pincus, The Washington Post, December 13, 2007
- ^ "To Rudy Giuliani and Attorney General Nominee Michael Mukasey", editorial, Armed Forces Journal, December 2007
- ^ Bush references London attacks to defend waterboarding Ewen MacAskill, guardian.co.uk, February 15 2008 Retrieved February 14 2008
- ^ US official admits waterboarding presently illegal Elana Schor, guardian.co.uk, February 14 2008 Retrieved February 14 2008
- ^ CIA director: Waterboarding necessary, but potentially illegal Terry Frieden, CNN.com, February 7 2008, Retrieved February 14 2008
- ^ Bush references London attacks to defend waterboarding Ewen MacAskill, guardian.co.uk, February 15 2008 Retrieved February 14 2008
- ^ US official admits waterboarding presently illegal Elana Schor, guardian.co.uk, February 14 2008 Retrieved February 14 2008
- ^ CIA director: Waterboarding necessary, but potentially illegal Terry Frieden, CNN.com, February 7 2008, Retrieved February 14 2008
Question about legality
I noticed this piece in the Vietnam War section of the article: "Waterboarding was designated as illegal by U.S. generals in the Vietnam War."
Sadly, the resulting link is not more detailed. Where these generals talking about internal Department of Defense policy, or was there a law at the time making waterboarding illegal? Certainly, generals don't make laws.
There was also a mention on The Daily Show about illegality in WW2. Apparently, there was a case where interrogators using waterboarding were sentenced to death under US law. It aired sometime in the past week or so and [23] would have the clip. It's obviously not a very good reference, but it might be a good starting to point to find that information, which may be helpful in the article. The-Bus (talk) 14:33, 15 February 2008 (UTC)
- Apparently the U.S. soldier from the famous Vietnam waterboardin photo was court martialled, found guilty and thrown out of the army. He would've been subject to US military law, and as far as I know Judge Advocate General's Corps officers are partly responsible for both drafting new laws and amendments, and also advising on the practice and applicability of existing laws. Of course, it would be good to have more information on this specific case, so feel free to investigate further. Chris Bainbridge (talk) 21:06, 15 February 2008 (UTC)
I just came across HILAO v MARCOS, which states, "In the next round of interrogation, all of his limbs were shackled to a cot and a towel was placed over his nose and mouth; his interrogators then poured water down his nostrils so that he felt as though he were drowning. This lasted for approximately six hours, during which time the interrogators threatened Sison with electric shock and death. At the end of this water torture, Sison was left shackled to the cot for the following three days, during which time he was repeatedly interrogated." I, of course, found this through the 2004 memo by Daniel Levin. But I really doubt the United State's stance here is important for the lead's definition of waterboarding. Various United Nations officials, particularly those involved with human rights and torture, have unambiguously stated waterboarding is torture, I think there is more validity to what they say than what the U.S. Attorney General does. ~ UBeR (talk) 23:32, 15 February 2008 (UTC)
Waterboarding probation - ALL editors are now restricted, please read
See: Wikipedia:Requests for arbitration/Waterboarding#Article probation. All editors are bound and restricted by this, indefinitely. Will someone please add the appropriate templates here? Lawrence § t/e 14:47, 15 February 2008 (UTC)
- The ArbCom having come to a conclusion, and having instated remedies (other than keeping the article protected over a long period of time), I have requested unprotection of the waterboarding article, at the protecting admin's talk page: [24] --Francis Schonken (talk) 09:42, 16 February 2008 (UTC)
Note: I have removed the warning template from the article page because this template has been traditionally used on the talk page only. There is a comment at the top of the article warning about the probation. Jehochman Talk 18:45, 16 February 2008 (UTC)
Concerning the Proposal to Delete the Waterboarding Image
If I was the subjected to waterboarding, I would consider it torture.
Furthermore, the image makes the subject more concrete than abstract words. The image alone immediately grabs the attention as extreme -- much faster than words could ever do. Deleting the image makes the discussion too abstract; it divorces the reader from the reality of the extremity of the practice.
Truth should not be suppressed just because it is uncomfortable to think about.
Mclaypool (talk) 00:54, 16 February 2008 (UTC)
- Thanks for the support please go to http://en.wikipedia.org/wiki/Wikipedia:Images_and_media_for_deletion/2008_February_8 to register your point of view formally (As should anyone else who has an opinion). (Hypnosadist) 16:35, 16 February 2008 (UTC)
Question regarding intro.
The lead states, "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," and provides this source. However, I do not see that source as a very supportive one in that it doesn't claim waterboarding gained attention because of the media's outing of this secret. The Newsweek article from June 21, 2004, does seem to be among the first major news sources to discuss the waterboarding issue in the United States. Based upon that, however, I think the sentence is sort of implying that investigative media persons revealed and uncovered a big secret, when really it looks like the White House was putting it out there and especially when the CIA themselves revealed they used waterboarding. So I think more realistically the notoriety did not come from the media reporting the CIA, but rather the CIA reporting what they themselves did.[25] ~ UBeR (talk) 20:21, 16 February 2008 (UTC)
- How about "Waterboarding gained attention and notoriety in the United States when it was reported that the CIA had used the technique in interrogating certain extrajudicial prisoners"? Avoids the question of who reported this. Although I do think that there were press reports of waterboarding before government sources acknowledged it, I don't have any citations right now. --Akhilleus (talk) 20:25, 16 February 2008 (UTC)
- That sounds reasonable. ~ UBeR (talk) 22:34, 16 February 2008 (UTC)
Stories about waterboarding at gitmo surfaced around 2003, these were unconfirmed reports that were denighed or ignored by the whitehouse. One source in the list at the top of the page is from late 2005 [26] but there will be older ones. It has only just been confirmed by the CIA. (Hypnosadist) 22:43, 16 February 2008 (UTC)
Two new newspaper articles
- A Washington Post article writes about the testimony of Steven G. Bradbury, acting chief of the Justice Department's Office of Legal Counsel, to a U.S. House of Representatives Judiciary Committee subcommittee. Bradbury wrote two secret memos in 2005 that purported to authorize waterboarding; in the testimony he attempts to distinguish United States use of such torture from similar methods employed during the Spanish Inquisition and subsequently - Dan Eggen, "Justice Official Defends Rough CIA Interrogations: Only 'Severe, Lasting Pain' is Torture, He Says"] in Washington Post, 16 February 2008
- A New York Times op-ed article by a United States Air Force colonel who was chief prosecutor of the "military commissions" at Guantánamo Bay, Cuba, from 2005 to 2007, argues that the use of torture by United States armed forces and CIA agents lowers the world standing of the United States, jeopardizes U.S. soldiers and hampers legitimate judicial efforts which must reject unreliable and illegally obtained evidence - Morris Davis, "Unforgivable Behavior, Inadmissible Evidence"], New York Times Op-Ed Contributor, 17 February 2008
Objectivesea (talk) 20:30, 17 February 2008 (UTC)
- Great sources. (Hypnosadist) 22:21, 17 February 2008 (UTC)
Subdividing this Article
As this article is now over 64 KB in size, it is now twice the sugested maximum length for articles. Some of the talk about the article concerns its apparent US-centredness. Arguments are made that this is a distorted focus; arguments are also made that such a focus is legitimate, given the current use by the U.S. government and the current arguments about its use by a modern democracy which in most other ways respects human rights. I suggest that the article be divided into two -- the main Waterboarding article and a new article: Use of Waterboarding by the United States (or some similar title). The main article could briefly summarize the U.S. usage in a single paragraph with a link to the new article: For a fuller discussion of this, see also Use of Waterboarding by the United States
Objectivesea (talk) 20:30, 17 February 2008 (UTC)
- Split I support this, also will help with the modern US undue weight. (Hypnosadist) 21:06, 17 February 2008 (UTC)
- Support Conditionally, of course. The US sub-article will I presume be subject to the existing probation, as a related page, and will need to be tightly monitored to not advance any fringe theories or viewpoints. It can't be just a POV fork. Lawrence § t/e 22:40, 17 February 2008 (UTC)
- Oppose Waterboarding use by the CIA is not "current." It stopped in 2005, which is three years ago. If the article is too long, trim out the repetitive chanting of every "waterboarding is torture" source under the sun, and select a few that are representative with links to the rest. Neutral Good (talk) 23:46, 17 February 2008 (UTC)
- "Waterboarding use by the CIA is not "current." It stopped in 2005" Thats only if we believe them, don't forget they said there were no secret jails in eastern europe but there were, etc etc iran/contra etc etc. (Hypnosadist) 01:03, 18 February 2008 (UTC)
- I'll take my evidence over your speculation any day of the week. Neutral Good (talk) 01:23, 18 February 2008 (UTC)
- "Waterboarding use by the CIA is not "current." It stopped in 2005" Thats only if we believe them, don't forget they said there were no secret jails in eastern europe but there were, etc etc iran/contra etc etc. (Hypnosadist) 01:03, 18 February 2008 (UTC)
- Support In its current form there is undue weight toward the US. Calliopejen1 (talk) 00:08, 20 February 2008 (UTC)
Dispute resolution
It is evident from the final decision at ArbCom that they did not resolve the content dispute for us regarding the lead sentence. We are expected to resolve it outselves. I suggest WP:RFM, just as I did on February 4, nearly two weeks ago. I would be willing to accept any result that arises from such a process if it will stop the bickering. I know that several editors here, myself included, consider the first six words of this article to be a WP:NPOV violation. I propose removing six words from the lead sentence, from "Waterboarding is a form of torture that consists of immobilizing a person on his or her back ..." to "Waterboarding consists of immobilizing a person on his or her back ..." It's NPOV. It doesn't take sides in the dispute. That is Wikipedia policy. Neutral Good (talk) 21:10, 17 February 2008 (UTC)
- It really isn't a matter of opinion, at all. Per WP:FRINGE, which is indeed what the Bush Administration is, or even the whole of the United States, in the world context, we needn't report their assertions contrary to the most common, most accepted definitions of waterboarding in the same light as the point of view of everyone else. In fact, removing "torture" from the definition would be inherently contrary to WP:NPOV because it's abiding by the fringe POV that it cannot be defined as torture. ~ UBeR (talk) 21:39, 17 February 2008 (UTC)
- If you can show us that everyone outside the United States considers it torture, and provide links to reliable sources proving your claim, I'll shut up and go away. I promise. As it now stands, the notable persons who have expressed an opinion on the matter are self-selected, and probably are not representative. In nearly all cases, it is reasonable to conclude that they have a political agenda of some sort. Neutral Good (talk) 22:02, 17 February 2008 (UTC)
- Are you referring to UN officials, who have unambiguously stated waterboarding is torture, or someone else? ~ UBeR (talk) 22:17, 17 February 2008 (UTC)
- You've had nearly 6 months to come up with one non-US source that waterboarding is not torture, you have none! The fact you choose to ignore sources that include cross-party commities of palimentarians from the USA's closest military ally (thats the UK) as having a "political agenda of some sort" is not our problem. (Hypnosadist) 22:20, 17 February 2008 (UTC)
- As Uber and Hypno have said. Also, United Nations > United States, obviously, for weight of opinion and authority. Global > national. Lawrence § t/e 22:39, 17 February 2008 (UTC)
- If you can show us that everyone outside the United States considers it torture, and provide links to reliable sources proving your claim, I'll shut up and go away. I promise. As it now stands, the notable persons who have expressed an opinion on the matter are self-selected, and probably are not representative. In nearly all cases, it is reasonable to conclude that they have a political agenda of some sort. Neutral Good (talk) 22:02, 17 February 2008 (UTC)
- The UN is not a world government. They weren't elected to rule over us. They have no authority to define words. All they can do is comment on the interpretations of treaties, and express their opinions like anyone else.
- I'm not here to bicker. Neutral said that the PTB made their decision, which seems like no decision at all. I can't say I blame them, but it's still regrettable. This does need mediation.
- -- Randy2063 (talk) 23:14, 17 February 2008 (UTC)
- One other thing: if you're claiming that "the UN," rather than its politically motivated human rights
activistsoh wait,commissarsoops, sorry, Commissioners has stated that waterboarding is torture, please link a copy of the UN Resolution -- either by the Security Council or the General Assembly. Thanks. Neutral Good (talk) 23:32, 17 February 2008 (UTC)
- One other thing: if you're claiming that "the UN," rather than its politically motivated human rights
- Do you see why we need mediation here? Neutral Good (talk) 23:35, 17 February 2008 (UTC)
- This is not a matter of world sovereignty or anything similar. This isn't a matter of who "rules over" the U.S. Start thinking outside of the United States. Two treaties, The Geneva Conventions and the UNCAT, are under the purview of the United Nations. What the Bush Administration, the DOJ, or the CIA say about waterboarding is irrelevant to the bigger picture of what waterboarding is and hence this article. Bush & Company only having jurisdiction over the definition in an American context and has no bearing on the rest of the world. We aren't going to change the article to suit the political rationalizations of the Bush Administration. ~ UBeR (talk) 23:42, 17 February 2008 (UTC)
- But we should change the article to satisfy WP:NPOV. And neither UNCAT nor the Third Geneva Convention defines waterboarding as torture, so please don't wave those documents around as though they prove anything for your position. Neutral Good (talk) 23:47, 17 February 2008 (UTC)
- It currently does reflect NPOV (The first sentence, at least). We needn't entertain fringe views. ~ UBeR (talk) 23:54, 17 February 2008 (UTC)
- As stated often, many reliable sources explicitly state that waterboarding is torture. No sources of equal weight disagree. The extremely few sources to the opposite we have are usually interviews or opinion pieces, usually by complete non-experts. WP:NPOV includes WP:UNDUE and WP:FRINGE for exactly this case. --Stephan Schulz (talk) 23:55, 17 February 2008 (UTC)
- "...definition in an American context"
- Actually, the Bush administration has far less authority than even that. They can define how they perceive waterboarding themselves, but the US Presidency is barred by Constitutional checks from deciding such things in a legal sense, which extends to offices such as the A.G. or DOD, who ultimately also answer back to the House and Senate. The Presidency doesn't make law. They have limited leeway to interpret it. The US Presidency has no real power in this matter legally entitled to them. Lawrence § t/e 23:56, 17 February 2008 (UTC)
- But we should change the article to satisfy WP:NPOV. And neither UNCAT nor the Third Geneva Convention defines waterboarding as torture, so please don't wave those documents around as though they prove anything for your position. Neutral Good (talk) 23:47, 17 February 2008 (UTC)
- Let me help you understand the policy. This is a direct quote from WP:WEIGHT, a section of WP:NPOV: "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 ..." We have named several prominent adherents to the "waterboarding may not be torture in all cases" position, including Rudolph Giuliani, Andrew C. McCarthy, Ted Poe and Michael Mukasey. Since it has several prominent adherents that are easy to name, this is a viewpoint held by a significant minority. Therefore it cannot be dismissed as a WP:FRINGE. There is a significant dispute, and the first six words of the article cannot pretend that the dispute does not exist. Neutral Good (talk) 23:57, 17 February 2008 (UTC)
- Giuliani does not say "its not torture", infact he says the opposite, he says it is torture if it is as bad as discribed in the "liberal media" by which i bet he includes us. So it is as bad as it is said to be so Rudi thinks it is torture. (Hypnosadist) 00:33, 18 February 2008 (UTC)
- What Giuliani says, in effect, is this: it's unclear whether waterboarding is torture in all cases. Yes, I'm summarizing. But what you've done is to pluck one sentence out of context. Neutral Good (talk) 02:31, 18 February 2008 (UTC)
- This is right back to the same mess again. Six Right Wingers are not a "significant dispute", and this is again the same ground covered as nauseum before. Someone please file for enforced mediation right now. This is a literal repeat of 2 months ago. Lawrence § t/e 00:01, 18 February 2008 (UTC)
- First, Mukasey has not said waterboarding isn't torture. Second, these are all individuals within the United States, with varying degrees of positions of authority within the U.S. None of these people stop it from being fringe. They are a minority, and we can report what they've said, but we aren't going to substantially change the article to mirror their views. ~ UBeR (talk) 00:04, 18 February 2008 (UTC)
- Exactly. As odd as it is to say, the US Government is a fringe viewpoint on this matter, with no global standing or backing. Lawrence § t/e 00:06, 18 February 2008 (UTC)
- The opinions of two U.S. politicians and two U.S. columnists (one not particularly notable) does not represent a "significant" viewpoint, enough to actually change the definition of this well-understood term (the suffocation of a bound prisoner by the use of water). However, this does not prevent us from mentioning their opinions in the article (and I believe we do that). Badagnani (talk) 00:03, 18 February 2008 (UTC)
- Not to mention that abduction is not a valid rule of inference. --Stephan Schulz (talk) 00:07, 18 February 2008 (UTC)
- Exactly. As odd as it is to say, the US Government is a fringe viewpoint on this matter, with no global standing or backing. Lawrence § t/e 00:06, 18 February 2008 (UTC)
- Mukasey doesn't need to say "waterboarding is not torture." He only needs to say "waterboarding may not be torture in all cases." And that, in effect, is what he said. Jimbo Wales himself has said that if I can name prominent adherents to this position, then it is a significant minority position. "Six Right Wingers are not a 'significant dispute,' " but six PROMINENT ADHERENTS, regardless of their politics, make it a significant minority, Lawrence. Badagnani, you keep trying to dismiss them as "The opinions of two U.S. politicians and two U.S. columnists (one not particularly notable)," but all four of them are notable enough to have Wikipedia articles about them; all four are licensed attorneys; and all four currently hold, or have held, prominent positions in government. By the way, where are the "reference[s] to commonly accepted reference texts" that are required for a majority opinion? What you have here is about 120 political partisans from the left who are self-selected. They probably aren't a representative sample. Let's see your "reference[s] to commonly accepted reference texts," please. Thanks. Neutral Good (talk) 00:16, 18 February 2008 (UTC)
- Where did Jimbo say that? --Stephan Schulz (talk) 00:19, 18 February 2008 (UTC)
- Right here: WP:WEIGHT. Neutral Good (talk) 00:34, 18 February 2008 (UTC)
- No, he did not. You misrepresent his quote. He states a necessary, not a sufficient condition. Ernst Zündel, David Irving, Mahmoud Ahmadinejad, and still "The Holocaust is...". Ken Ham, Mike Huckabee, Pat Robertson and still "In biology, evolution is ...". Timothy F. Ball, Frederick Seitz, Tim Patterson, and still "Global warming is ..." --Stephan Schulz (talk) 00:51, 18 February 2008 (UTC)
- Let me help you understand the policy. This is a direct quote from WP:WEIGHT, a section of WP:NPOV: "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 ..." We have named several prominent adherents to the "waterboarding may not be torture in all cases" position, including Rudolph Giuliani, Andrew C. McCarthy, Ted Poe and Michael Mukasey. Since it has several prominent adherents that are easy to name, this is a viewpoint held by a significant minority. Therefore it cannot be dismissed as a WP:FRINGE. There is a significant dispute, and the first six words of the article cannot pretend that the dispute does not exist. Neutral Good (talk) 23:57, 17 February 2008 (UTC)
- Then what is sufficient, Stephan? Please cite and quote the appropriate policy when you reply. Thanks. Neutral Good (talk) 00:58, 18 February 2008 (UTC)
- Shooting someone isn't torture in all cases. Beating someone up isn't torture in all cases. This doesn't mean it always isn't torture. There needs to be a specific context in which an action is done to be considered torture. ~ UBeR (talk) 00:25, 18 February 2008 (UTC)
All we need here is an uninvolved admin to enforce the article probation. --Akhilleus (talk) 00:13, 18 February 2008 (UTC)
- I'm discussing mediation, plus a proposed edit, in a very reasonable and courteous manner, Akhilleus. This is not disruptive. What you are suggesting is that ANY disagreement, no matter how courteous, no matter if it involves any editing at all in the article mainspace, is a violation of WP:DE. That is oppressive. Neutral Good (talk) 00:16, 18 February 2008 (UTC)
- Which I'm sure would then make them involved. Authoritarianism never works as well as having sensible people talk about the changes on the discussion page. Consensus ought to prevail. ~ UBeR (talk) 00:19, 18 February 2008 (UTC)
- As of this time, this section isn't disruptive. However, uninvolved admins have been encouraged to watchlist this. The history of this article and rampant proven sockpuppetry is an ongoing concern for epic disruption. Consensus also is never unanimous. Those outside of concensus must get consensus to change. Lawrence § t/e 00:19, 18 February 2008 (UTC)
- Consensus by a few editors on one article Talk page cannot defeat the consensus of 1 million Wikipedia editors and the Arbitration Committee, as expressed in WP:NPOV and ArbCom decisions that enforce it. The first six words of this article are a blatant NPOV violation. Neutral Good (talk) 00:40, 18 February 2008 (UTC)
- Why? Because it doesn't conform to the fringe view you have? ~ UBeR (talk) 00:48, 18 February 2008 (UTC)
- Consensus by a few editors on one article Talk page cannot defeat the consensus of 1 million Wikipedia editors and the Arbitration Committee, as expressed in WP:NPOV and ArbCom decisions that enforce it. The first six words of this article are a blatant NPOV violation. Neutral Good (talk) 00:40, 18 February 2008 (UTC)
- As of this time, this section isn't disruptive. However, uninvolved admins have been encouraged to watchlist this. The history of this article and rampant proven sockpuppetry is an ongoing concern for epic disruption. Consensus also is never unanimous. Those outside of concensus must get consensus to change. Lawrence § t/e 00:19, 18 February 2008 (UTC)
- Because it doesn't acknowledge the existence of the significant minority view and its prominent adherents, as required by Jimbo Wales and WP:NPOV. My personal views are of no consequence. Neutral Good (talk) 00:53, 18 February 2008 (UTC)
- Are you kidding? The article is almost exclusively within the context of the United States and their denial of its classification as torture. As I explained in the section I created earlier ("Broaden"), there is undue weight given to the United States. If anything, the United States focus should be drastically reduced to reflect WP:NPOV. ~ UBeR (talk) 01:02, 18 February 2008 (UTC)
- But the lead of the article studiously ignores the fact that this significant minority opinion exists. Therefore it violates WP:NPOV. Neutral Good (talk) 01:06, 18 February 2008 (UTC)
- To the contrary, the lead states, "The new controversy surrounded the widely reported use of waterboarding by the United States government on alleged terrorists, and whether the practice was acceptable." The fact the lead mentions there's a controversy surrounding its acceptability in the United States tells plenty. ~ UBeR (talk) 02:06, 18 February 2008 (UTC)
- The dispute here is whether waterboarding is torture, not merely whether its use is acceptable. The dispute over the "waterboarding is torture" claim is what's being studiously ignored here. It is a blatant violation of WP:NPOV. Neutral Good (talk) 02:23, 18 February 2008 (UTC)
- It's not being ignored. In fact, it's being focused on way too much. ~ UBeR (talk) 02:31, 18 February 2008 (UTC)
- Because it doesn't acknowledge the existence of the significant minority view and its prominent adherents, as required by Jimbo Wales and WP:NPOV. My personal views are of no consequence. Neutral Good (talk) 00:53, 18 February 2008 (UTC)
- I noticed that Neutral Good left out the most importnat part of the email from by Jimbo Wales which states
- "If your viewpoint is held by a significant scientific minority, then
- it should be easy to name prominent adherents, and the article should
- certainly address the controversy without taking sides.
- If your viewpoint is held by an extremely small minority, then
- _whether it's true or not, whether you can prove it or not_, it
- doesn't belong in Wikipedia, except perhaps in some ancilliary
- article. Wikipedia is not the place for original research."
- This is exactly why arbitration was necessary, constant misinterpretations of policy and taking quotes out of context, ignoring overall views and the spirit of the policy and generally gaming the system. The email is talking about articles overall, this article covers the controversy in detail and in my opinion gives it far too much weight. It's lucky to even get a mention in the lead summary. --neonwhite user page talk 00:33, 18 February 2008 (UTC)
- We are in complete agreement then. I've been trying to correct the constant misinterpretations of policy by others, Neon White. The spirit of the policy is that Wikipedia should not take sides. Neutral Good (talk) 00:37, 18 February 2008 (UTC)
- We're not taking sides. We're reporting and labeling based on what the far, overriding bulk of the authorities say. Please do not misquote or try to twist words around like this. It is disruptive, and you were just warned on your talk page for additional disruption. There is no side to take--a fringe minority of local partisans in one lone nation say one thing. Everyone else, world-wide, says another. Taking a side would be to give the fringe minority weight and value they do not enjoy in the real world. Lawrence § t/e 05:19, 19 February 2008 (UTC)
- We are in complete agreement then. I've been trying to correct the constant misinterpretations of policy by others, Neon White. The spirit of the policy is that Wikipedia should not take sides. Neutral Good (talk) 00:37, 18 February 2008 (UTC)
- This is exactly why arbitration was necessary, constant misinterpretations of policy and taking quotes out of context, ignoring overall views and the spirit of the policy and generally gaming the system. The email is talking about articles overall, this article covers the controversy in detail and in my opinion gives it far too much weight. It's lucky to even get a mention in the lead summary. --neonwhite user page talk 00:33, 18 February 2008 (UTC)
You've had nearly 6 months to come up with one non-US source that waterboarding is not torture, you have none! (Hypnosadist) 01:01, 18 February 2008 (UTC)
- So what? The US doesn't decide the issue, but neither does the absence of sources outside the US. All these sources are self-selected, whether within the US or not. Do you understand what that means? Neutral Good (talk) 01:17, 18 February 2008 (UTC)
- Yes, you still have no non-US sources. (Hypnosadist) 01:20, 18 February 2008 (UTC)
- So what? Neutral Good (talk) 01:35, 18 February 2008 (UTC)
- Don't forget you also have no medical sources from anywhere that say waterboarding isn't torture. (Hypnosadist) 01:05, 18 February 2008 (UTC)
What matters here are legal sources. The expert sources that we have are all self-selected, and nearly all of them have political agendas that color and drive their opinions. Wikipedia cannot pretend, in the first six words (or even the first 600) of the article, that the dispute does not exist. It must be neutral. This is mandatory and non-negotiable. It is bedrock policy. Neutral Good (talk) 01:14, 18 February 2008 (UTC)
- There is NO meaningful dispute, just a case for the defence.(Hypnosadist) 01:19, 18 February 2008 (UTC)
- Then let's go to mediation. Let's see what some uninvolved, experienced editors and admins have to say about it. Neutral Good (talk) 01:21, 18 February 2008 (UTC)
- Loads have already turned up and you have ignored them all, what is mediation going to do to make you abide by their decision? (Hypnosadist) 01:32, 18 February 2008 (UTC)
- Mediators are experienced in dispute resolution. The admins who have shown up here have taken sides. That isn't dispute resolution. Neutral Good (talk) 01:35, 18 February 2008 (UTC)
- "The admins who have shown up here have taken sides" No just one side, they read the arguements and all decided one way, please take the hint. The only problem i have with mediation is wasting my and the mediators time going through the same arguement again. (Hypnosadist) 01:48, 18 February 2008 (UTC)
- No, they didn't. That is a false statement, misrepresentation, whatever; I dare not call it a lie. Walton One is an administrator. He believes that the lead of this article should not take sides in this significant dispute over whether waterboarding is torture. Neutral Good (talk) 02:27, 18 February 2008 (UTC)
- The dispute is not significant in an historical and worldwide context. You have failed many times to provide any evidence that it is. The lead of the article is a summary of the article in can contain a reference to the dispute but policy says it should represent majority view. --neonwhite user page talk 03:53, 18 February 2008 (UTC)
- That's why I find NG's contributions to this thread disruptive: we've been over this, again and again. At some point, the repetition needs to stop. --Akhilleus (talk) 02:13, 18 February 2008 (UTC)
- Then consider taking six POV-pushing words out of the lead sentence. This is an encyclopedia that refuses to call either Adolf Hitler, Pol Pot, Josef Stalin or Saddam Hussein an evil person. It refuses to call Osama bin Laden or Khalid Sheikh Mohammed an evil person; in fact, when I called KSM a "bad person" here on the Talk page, it was refactored by Lawrence Cohen. If we can't call dead dictators bad people, how can we ignore a significant debate, with notable adherents on boths sides, over whether waterboarding is torture? Put the facts into the article and let the facts speak for themselves for a change. Neutral Good (talk) 02:20, 18 February 2008 (UTC)
- Evilness is subjective. Legal definitions are not. And don't respond to this using an American example. That won't get you anywhere. ~ UBeR (talk) 02:39, 18 February 2008 (UTC)
- Hitler is called a 'totalitarian ruler', stalin is called a 'dictator', becasue we can verify that just as we can verfiy torture. --neonwhite user page talk 03:53, 18 February 2008 (UTC)
- We would call a piano a musical instrument, and, similarly, we would call suffocation of a bound prisoner using water a form of torture -- in fact, one of the best known forms. Badagnani (talk) 02:43, 18 February 2008 (UTC)
- That was a worthless analogy the first time you used it, the fourth time you used it, and the eighth time you used it. There is no dispute over whether a piano is a musical instrument. But there is a significant dispute, with several prominent adherents on both sides, over whether waterboarding is torture; and pretending that it doesn't exist, or dismissing the minority view as as WP:FRINGE has been used as cover for America bashing for far too long and with far too much gusto. Neutral Good (talk) 02:52, 18 February 2008 (UTC)
- Are you implying, in contrast, that your comment that you believe editors are attempting to state that waterboarding is "evil" in the lead was of worth? I don't believe, in all the months I have been observing the editing of this article, that any editor proposed to call waterboarding an "evil" activity, yet this is exactly what you proposed just above. Please refrain from calling the contributions of other editors "worthless," thanks. Badagnani (talk) 03:00, 18 February 2008 (UTC)
- "Significant dispute." That's curious. Surely you don't believe a handful of politicos in Washington--not even one polity--constitute a "significant dispute," do you?
- That was a worthless analogy the first time you used it, the fourth time you used it, and the eighth time you used it. There is no dispute over whether a piano is a musical instrument. But there is a significant dispute, with several prominent adherents on both sides, over whether waterboarding is torture; and pretending that it doesn't exist, or dismissing the minority view as as WP:FRINGE has been used as cover for America bashing for far too long and with far too much gusto. Neutral Good (talk) 02:52, 18 February 2008 (UTC)
- We would call a piano a musical instrument, and, similarly, we would call suffocation of a bound prisoner using water a form of torture -- in fact, one of the best known forms. Badagnani (talk) 02:43, 18 February 2008 (UTC)
- Then consider taking six POV-pushing words out of the lead sentence. This is an encyclopedia that refuses to call either Adolf Hitler, Pol Pot, Josef Stalin or Saddam Hussein an evil person. It refuses to call Osama bin Laden or Khalid Sheikh Mohammed an evil person; in fact, when I called KSM a "bad person" here on the Talk page, it was refactored by Lawrence Cohen. If we can't call dead dictators bad people, how can we ignore a significant debate, with notable adherents on boths sides, over whether waterboarding is torture? Put the facts into the article and let the facts speak for themselves for a change. Neutral Good (talk) 02:20, 18 February 2008 (UTC)
- Then let's go to mediation. Let's see what some uninvolved, experienced editors and admins have to say about it. Neutral Good (talk) 01:21, 18 February 2008 (UTC)
- Badagnani, the term "torture" carries extremely negative connotations, much like the terms "terrorist," "child molester" and "war crime." In effect, calling waterboarding "torture" in such an unequivocal fashion in the first six words of the article brands the practice as evil, and those who do it as evil, in the eyes of billions of people - even when used to save thousands of innocent lives. Let's try to be honest enough with each other to refrain from pretending that it doesn't. Neutral Good (talk) 03:07, 18 February 2008 (UTC)
- Are you saying we are doing harm to America by labeling waterboarding torture, despite that multiple American sources and global sources call it torture? Why would the views of American Conservatives (or Americans in general) be more meaningful than the rest of the world? Our country is just one lonely nation. We aren't in charge of anything, and aren't the center of the universe, nor even the most important nation on Earth, barring our military. Lawrence § t/e 05:24, 19 February 2008 (UTC)
- Badagnani, the term "torture" carries extremely negative connotations, much like the terms "terrorist," "child molester" and "war crime." In effect, calling waterboarding "torture" in such an unequivocal fashion in the first six words of the article brands the practice as evil, and those who do it as evil, in the eyes of billions of people - even when used to save thousands of innocent lives. Let's try to be honest enough with each other to refrain from pretending that it doesn't. Neutral Good (talk) 03:07, 18 February 2008 (UTC)
- Surely torture only carries negative connotations if you believe that torture is bad? And that is a judgment call for the reader - Wikipedia has no say in the matter. Some people believe that torture is okay if it's justified, e.g. when carried out by Jack Bauer. Chris Bainbridge (talk) 11:11, 18 February 2008 (UTC)
- Comment - This is a very interesting opinion. Unfortunately, we cannot base articles on individual Wikipedians' opinions. The views of the four individuals who support your opinion are discussed in the article (including the not particularly notable columnist Jim Meyers, who, contrary to a comment made earlier this evening, does not appear to merit his own Wikipedia article). Not a great number of sources to draw on for this odd fringe opinion (that suffocation of a bound, inclined prisoner with water is not a form of torture). Badagnani (talk) 03:13, 18 February 2008 (UTC)
- Once again, you have misrepresented the significant minority position and important distinctions are blurred. This position does not claim unequivocally that "waterboarding is not torture." It only asserts that "waterboarding may not be torture in all cases." Neutral Good (talk) 03:21, 18 February 2008 (UTC)
- A handful of people, who express no definite view hardly represent a significant alternative view. --neonwhite user page talk 03:42, 18 February 2008 (UTC)
- Once again, you have misrepresented the significant minority position and important distinctions are blurred. This position does not claim unequivocally that "waterboarding is not torture." It only asserts that "waterboarding may not be torture in all cases." Neutral Good (talk) 03:21, 18 February 2008 (UTC)
- The fact that a technique might save lives doesn't make it any less tortuous. But that's ignoring the fact it has never been demonstrated to ever save lives. Ever. ~ UBeR (talk) 03:10, 18 February 2008 (UTC)
- John Kiriakou testified that it saved lives. I believe he's in a better position to know than you. Neutral Good (talk) 03:21, 18 February 2008 (UTC)
Waterboarding has been considered torture and banned by previous US administrations and every civilized nation until until George W. Bush secretly authorized it. It is still illegal under US and international law and although they claim it was "justified" then why did they deny for five years that they did it. Wikipedia should not censor the only US president that authorized torture. 71.139.2.39 (talk) 02:50, 18 February 2008 (UTC) This template must be substituted. I'm not an SPA and resent being painted as such. I edit when I have time and nothing I've stated isn't true. My Internet server assigns a different address otherwise you would see I have many edits. 71.139.10.193 (talk) 09:53, 18 February 2008 (UTC)
File an RfM then Neutral This is already filling up this talk page with pointless repitition of the same arguments, and its getting heated. (Hypnosadist) 03:04, 18 February 2008 (UTC)
- What good would that do? the result would just be ignored, let's just hope the admins step in. The POV pushing is just getting ridiculous. How many more experienced ediotrs do we need to point out that WP:NPOV does not mean no point of view? it means representing with due weight. This is not about improving the encyclopedia, it's about one editor trying to use wikipedia as a platform for political propaganda. --neonwhite user page talk 03:42, 18 February 2008 (UTC)
- Will you participate? And will you accept the result, whatever it may be? Neutral Good (talk) 03:21, 18 February 2008 (UTC)
- Just start it already. (Hypnosadist) 12:39, 18 February 2008 (UTC)
- Agree to the change, and to the RfM. htom (talk) 20:34, 18 February 2008 (UTC)
- Likewise. Either option would end this endless argument. Both would be even better. Shibumi2 (talk) 22:51, 18 February 2008 (UTC)
Alleg quote/edit by Randy
Here. Why is this being qualified, that it could not be verified? We simply are not allowed to do this--it's original research. We report what sources say, and regurgitate their outside views without changing them or qualifying them to our own moral or ideological views. Doing so is to compromise article integrity and break Wikipedia. Just as importantly, the bit put into the article was a copyvio, word-for-word off page two of the source.[27] Lawrence § t/e 23:53, 17 February 2008 (UTC)
- That first part doesn't really matter now that I think about it. I actually like it better without the note about verification.
- The rest of it does indeed matter. The reader needs to know that this source is extremely biased. WP editors aren't supposed to limit the article to that which fits their own POV without alerting the reader.
- This was in no way a copyvio. The quote is small enough that it easily fits within WP:FAIRUSE guidelines.
- I'll leave it up to the rest of you consider whether this should be part of a section on the reliability of waterboarding. After all, if people really want to believe Alleg, he may be the only man who never cracked under waterboarding.
- -- Randy2063 (talk) 00:32, 18 February 2008 (UTC)
- Alleg has his own wikipage, add the info there. (Hypnosadist) 00:45, 18 February 2008 (UTC)
- I've been gathering information for that. It'll be a while.
- -- Randy2063 (talk) 01:07, 18 February 2008 (UTC)
- The comment from the Time review is entirely off-topic here. This is an article from 1958, at the time of the coldest cold war. The reviewer is using guilt by association for a weirdly inconsistent ad hominem. The quote is also very much taken out of context, as the reviewer is in no way casting any doubt on the veracity of Alleg, he only invites the reader to speculate on his moral standing on the issue. This is entirely pointless in this article - it might make a footnote in Alleg's. --Stephan Schulz (talk) 01:02, 18 February 2008 (UTC)
- It's guilt by association only in the same way that being a member of the KKK is guilt by association.
- That doesn't change the fact that Alleg was used here as if he is a credible source. He's not. Readers need to know that.
- -- Randy2063 (talk) 01:07, 18 February 2008 (UTC)
- You may not be aware of the fact that "communist" is not synonymous with "Stalinist menace to world freedom". There have been and are democratic communist parties around in Europe, and they have been part of several governments e.g. in Italy and France. I'm not aware of a KKK chapter that does not consist of racist assholes, on the other hand. --Stephan Schulz (talk) 02:05, 18 February 2008 (UTC)
- Randy, constant attempts to discredit or label people negatively for being "communists" by comparing them to the Klu Klux Klan is not acceptable. Consider this (sorry, man) an official warning, and you can get sanctioned under both BLP, as Henri Alleg is a living person, and on the waterboarding probation. You can't go around inferring people are racist. Communists are not automatically Bad People. Please stop. Lawrence § t/e 05:05, 19 February 2008 (UTC)
- I have no problem with adding the info that Alleg is a communist to the section, he says its why he was in Algeria, he probably still is a communist as they still poll around 5% in France (more in Italy). But there is no need for a "reds under the bed" piece from 1958. (Hypnosadist) 01:16, 18 February 2008 (UTC)
I'm not sticking around to argue this out. You can all make this article as biased as you like. If you want to use an interview with a left-wing extremist on a site like DemocracyNow, and not warn the reader, then go right ahead.
-- Randy2063 (talk) 01:11, 18 February 2008 (UTC)
- Democracy Now! is a political advocacy site, there is no evidence to suggest it is extremist in any way. --neonwhite user page talk 14:23, 18 February 2008 (UTC)
- The DemocracyNow source was only used when Bluetie started claiming that alleg wasn't waterboarded as we understand the term, this is a post waterboarding controversy interview in which he says what happened in algeria is as we know waterboarding today. (Hypnosadist) 01:52, 18 February 2008 (UTC)
- There are plenty of other reliable sources that call Alleg's torture waterboarding, if this is an issue: [28][29][30][31] Chris Bainbridge (talk) 10:55, 18 February 2008 (UTC)
Regarding liability
Some nice articles discussing the torture thingy and possibility of prosecution.[32][33][34][35][36][37] Nomen NescioGnothi seauton 09:34, 18 February 2008 (UTC)
Appropriate place for "waterboarding is not torture"
Having read the same arguments hashed over ad nauseum for months, with overwhelming references to large numbers of sources clearly and unambiguously calling waterboarding torture, I suggest in all sincerity that such adherents to this fringe view seriously consider turning their efforts to the more appropriate venue of the waterboarding entry in Conservapedia. I do not suggest this as snark or as an insult. I'm simply observing that such passionate defense of waterboarding as "not torture" has a natural home in Conservapedia. The problem with Wikipedia, and this article in particular, is best expressed by Stephen Colbert: "Facts have a well known liberal bias." -Quartermaster (talk) 13:53, 18 February 2008 (UTC)
- ROFL, Quartermaster be careful as this article is under Probation and as such comments like the above could easily be seen as snarky. (Hypnosadist) 14:55, 18 February 2008 (UTC)
- Even more funny is Consevapedia has some sources we don't have, which i'm going to use to improve the article, LOLS. (Hypnosadist) 14:58, 18 February 2008 (UTC)
- Done. (Hypnosadist) 15:08, 18 February 2008 (UTC)
the article I would like to add to your list is one that explains that (b)Waterboarding was a technique used by the CIA on 3 people for a combined total of less than 5 minutes and all before 2003. http://article.nationalreview.com/?q=MjM2ZDRlOWY4OTdjMWFiNjZlYWUwZmNiYjRjNGQwZDM#more
It seems to me that the whole issue needs some perspective. After all, willing volunteer participants have endured Waterboarding for longer than those 3 men did just in the interest of gaining journalistic experience. Noahs SUV (talk) 02:52, 19 February 2008 (UTC)NS
- Found nothing about Michael Hayden in the story. (Hypnosadist) 03:07, 19 February 2008 (UTC)
- The National Review article is an opinion piece, not a reliable source. If we can find a reliable source on who made the 5 minutes claim, we can add the information to the US section. --Stephan Schulz (talk) 08:25, 19 February 2008 (UTC)
- Is torture defined by how long it takes? I don't think so. ~ UBeR (talk) 17:08, 19 February 2008 (UTC)
- The National Review article is an opinion piece, not a reliable source. If we can find a reliable source on who made the 5 minutes claim, we can add the information to the US section. --Stephan Schulz (talk) 08:25, 19 February 2008 (UTC)
I'm sorry I should have referenced a seperate article.Somehow I merged the two bits of information in my memory as being from the same place. I'm going to delete that original sentence about Michael Hayden so that it's not an inaccurate statement anymore. The article that includes his statement can be found at http://www.usatoday.com/news/washington/2008-02-13-senate-waterboarding_N.htm
Editors again attempting to delete Vann Nath painting from Wikipedia
See [38]. Badagnani (talk) 19:04, 19 February 2008 (UTC)
Can no one draw a picture of waterboarding?
I was the original nominator of the Van Nath image, but at this point I don't really mind whether it gets deleted or not--its historical significance (at least w/r/t the Khmer Rouge section) is at least arguable. What I do mind, though, is the lack of a free image in this article. It is frustrating is how this image is being used as a crutch not to generate free content, which is what Wikipedia is all about. Everyone is investing tons of effort complaining about this image's possible deletion, but no one is willing to just draw a picture that could go at the top of the article, so this could be moved next to the Khmer Rouge section where it belongs. Please, someone just draw a picture. Calliopejen1 (talk) 00:12, 20 February 2008 (UTC)
- I can't. Can you? Maybe no one can. Maybe it's not about using it as a crutch. ~ UBeR (talk) 00:15, 20 February 2008 (UTC)
- Why don't you invest some time trying to contact Vann Nath as he painted these pictures so these crimes could be documented, and gave them to a museum for that reason. Yes i did try myself. (Hypnosadist) 00:34, 20 February 2008 (UTC)
- I'm not the one who should be investing the effort because I'm not the one who wants to keep them. Regardless, before I commented apparently no one had ever thought of asking any capable Wikipedian artist to help out. And what has been done to attempt to contact Vann Nath? Have you emailed the address on this page? See WP:COPYREQ for instructions. Calliopejen1 (talk) 01:17, 20 February 2008 (UTC)
- "Regardless, before I commented apparently no one had ever thought of asking any capable Wikipedian artist to help out" No we had, then we dismissed it as a bad idea. The wikipedian has no real knowledge of waterboarding is and is probably just going to copy this picture or even worse imagine what waterboarding looks like. Many editors have explained to you why this picture is infinitely better than any a wikipedian could draw. You don't accept these reasons, thats fine.
- "Have you emailed the address on this page?" I'll email in twelve hours as i'm off to bed, if someone else wants to do it leave a message here so i don't send a second email. (Hypnosadist) 02:23, 20 February 2008 (UTC)
- "It's a better image" is a non-argument. My neighbor's BMW is better than my Pinto, but that doesn't mean I get to drive it. Is this illustration of the citric acid cycle original research, or is it just plagiarized from a textbook? ➪HiDrNick! 02:36, 20 February 2008 (UTC)
- "Better" doesn't simply mean "visually more appealing," as seems to be lost on you no matter how carefully this is explained. It has to do with authenticity. Nath painted this not for fame and fortune, but to document the atrocities he saw conducted on a daily basis for a number of years. Waterboarding is typically conducted in secret and thus the image of this painting is irreplaceable and of immeasurable value to our article and project. Further, it appears you haven't yet actually read the text on the photo's page, as you were asked earlier, because even the photographer said it was fine for us to use his image, and undoubtedly Nath would agree as well, as the very reason he painted it was so that these tortures (which appear so hellish that no human could have devised them, let alone implemented them on tens of thousands of people) would be known to his countrymen as well as the wider world. It's clear now that, despite WP:SNOW, you don't wish to lose an argument. That's fine; we'll all adjourn and move on to actually improving our encyclopedia. Badagnani (talk) 03:04, 20 February 2008 (UTC)
- "Nath painted this not for fame and fortune, but to document the atrocities he saw conducted on a daily basis for a number of years." If his intention is to share his experiences with the world, he can very well release the image into the public domain. Without a release of that sort, you are just speculating about his intentions, i.e., "my neighbor wants me to drive his BMW." "Waterboarding is typically conducted in secret and thus the image of this painting is irreplaceable and of immeasurable value to our article and project." Again, just because something is extremely useful to us doesn't mean we get to steal it. "Further, it appears you haven't yet actually read the text on the photo's page, as you were asked earlier, because even the photographer said it was fine for us to use his image..." That's completely irrelevant, which is why I did not bother to respond to it earlier. The photographer holds no copyright to the image. It is a faithful reproduction of a 2-D artwork, and the artist's copyright interest is the only concern here. "...Undoubtedly Nath would agree as well, as the very reason he painted it was so that these tortures (which appear so hellish that no human could have devised them, let alone implemented them on tens of thousands of people) would be known to his countrymen as well as the wider world." I'm sure that Nath's favorite color was hot pink, and that he loves tea and biscuits and wants nothing more than for all of his art to be exhibited wherever anyone might desire to. The fact of the matter is that you don't speak for the artist, and we cannot assume that he wants his image to be public domain just because it suits us. "It's clear now that, despite WP:SNOW, you don't wish to lose an argument." I find your lack of assuming good-faith disturbing; I also think it would not hurt to familiarize yourself with some of our fair use policies before commenting further. I have no personal vendetta against the image; indeed, if it is public domain after all (and it may very well be, in light of some of the constructive arguments made at DRV), it would be great to have for the article. But it simply is not fair use, plain as day, and WP:100 people !voting to keep the image does not make it so. ➪HiDrNick! 03:26, 20 February 2008 (UTC)
- Dr. Nick, welcome to Talk:Waterboarding. I see that you've already met the Welcoming Committee. As you can see, if you disagree with them about any of their efforts to stuff as much negative material as possible into this article (in this case, a painting), your motives are immediately questioned. If they can find an excuse to call you a sockpuppet and drag you over to WP:ANI, they will. I hope you've got a thick skin and that you wore your fireproof underwear today. Cheers. Neutral Good (talk) 03:40, 20 February 2008 (UTC)
- [39] Reported to ANI, probation violation after repeated warnings. Lawrence § t/e 06:01, 20 February 2008 (UTC)
- "Better" doesn't simply mean "visually more appealing," as seems to be lost on you no matter how carefully this is explained. It has to do with authenticity. Nath painted this not for fame and fortune, but to document the atrocities he saw conducted on a daily basis for a number of years. Waterboarding is typically conducted in secret and thus the image of this painting is irreplaceable and of immeasurable value to our article and project. Further, it appears you haven't yet actually read the text on the photo's page, as you were asked earlier, because even the photographer said it was fine for us to use his image, and undoubtedly Nath would agree as well, as the very reason he painted it was so that these tortures (which appear so hellish that no human could have devised them, let alone implemented them on tens of thousands of people) would be known to his countrymen as well as the wider world. It's clear now that, despite WP:SNOW, you don't wish to lose an argument. That's fine; we'll all adjourn and move on to actually improving our encyclopedia. Badagnani (talk) 03:04, 20 February 2008 (UTC)
- "It's a better image" is a non-argument. My neighbor's BMW is better than my Pinto, but that doesn't mean I get to drive it. Is this illustration of the citric acid cycle original research, or is it just plagiarized from a textbook? ➪HiDrNick! 02:36, 20 February 2008 (UTC)
- I'm not the one who should be investing the effort because I'm not the one who wants to keep them. Regardless, before I commented apparently no one had ever thought of asking any capable Wikipedian artist to help out. And what has been done to attempt to contact Vann Nath? Have you emailed the address on this page? See WP:COPYREQ for instructions. Calliopejen1 (talk) 01:17, 20 February 2008 (UTC)
- Why don't you invest some time trying to contact Vann Nath as he painted these pictures so these crimes could be documented, and gave them to a museum for that reason. Yes i did try myself. (Hypnosadist) 00:34, 20 February 2008 (UTC)
This question is being addressed at Wikipedia:Deletion_review/Log/2008_February_19#Image:Waterboard3-small.jpg. I don't see how it is helpful to have the same argument in two places. --agr (talk) 03:44, 20 February 2008 (UTC)
I have set a copyrequest to an appropriate email should hope to hear back soon. (Hypnosadist) 19:11, 20 February 2008 (UTC)
Seems to me we run in to the same issue with the Nath picture that we have with the ongoing "torture? not torture!" arguments endlessly cycling. Either Nath failed to put in a Teddy Bear showing how innocuous the practice really is, or Nath failed to put in barbed spears stabbed through the skull showing how absolutely horrible the practice really is. My point is that in a lot of ways the debate over the Nath picture reflects the general debate (and I must weigh in that the large majority of debaters calling waterboarding "torture" cite historical precedent and extensive numbers of competent authority, and those arguing otherwise cite Rush Limbaugh et al. Hey, I report, you decide.). Is this a picture of waterboarding or not? That's the real issue. Those wanting to include Teddy Bears gently held by the waterboarding recipients are urged to find those alternative depictions and I propose they add those alternative visual depictions to the article in order to underscore their desire for NPOV in order to display "both" sides of the argument. In this case, the argument is visual. I know. I am SO busted. -Quartermaster (talk) 20:55, 20 February 2008 (UTC)
- I think you're missing the point. I, for one, just really like the free part of our free encyclopedia, and want to make sure that any non-free media that we use is done so correctly. I think the depiction of the practice in the image is accurate and horrible. I know that some people want the image deleted for partisan reasons; in fact, I never thought I'd agree with Neutral Good about anything, but there you have it. ➪HiDrNick! 22:57, 20 February 2008 (UTC)
Question on an image
Anyone know the status of this one, and who owns copyright? Lawrence § t/e 00:13, 21 February 2008 (UTC)
- It's a United Press International photo. The details were published in a recent Washington Post article: "On Jan. 21, 1968, The Washington Post published a front-page photograph of a U.S. soldier supervising the questioning of a captured North Vietnamese soldier who is being held down as water was poured on his face while his nose and mouth were covered by a cloth. The picture, taken four days earlier near Da Nang, had a caption that said the technique induced 'a flooding sense of suffocation and drowning, meant to make him talk.'"
Badagnani (talk) 00:16, 21 February 2008 (UTC)
German use of waterboarding?
The "Unterseeboot" sentence should really be deleted, as the information seems to come from out of nowhere expect for this article itself.
Sourcing the statement that the Gestapo used waterboarding is somewhat hard. It has been mentioned by The Daily Mail and The Independent in passing. Ironically, some souces say that the Nazis offically banned the process. But, of course, the Nazis didn't actually obey their own laws. The current wording as well the Gestapo, the German secret police, used waterboarding as a method of torture should probably be kept with the Daily Mail article or another article added as a source.
Thoughts? 24.32.208.58 (talk) 03:19, 21 February 2008 (UTC)
The harpers source points to this article, http://andrewsullivan.theatlantic.com/the_daily_dish/2007/05/verschfte_verne.html#more is this source reliable? (Hypnosadist) 03:28, 21 February 2008 (UTC)
- Hmm. No, it's not. It's just a blog statement by a poltical commentator. I do think that Senator Chris Dodd's statement may be a reliable source, but he only made the Gestapo reference in passing... I'm wary about quote mining.
- I see from viewing Wikipedia:Requests_for_arbitration/Waterboarding that the users here are somewhat paranoid about anons (most likely for good reasons, or not... whatever. I have no intention of looking through the pages and pages of talk archives to find out). There's no point blank "no more anon editing" statement made in the RFA, though. 24.32.208.58 (talk) 03:38, 21 February 2008 (UTC)
- I only have a problem with floating ip's and sock puppets, good editors like you 24 are more than welcome. I've had a little chance to look at this more closely and this entry is on the website of a notable magazine The Atlantic Monthly by a writer who gets the cover. So i'm going to send this to the Wikipedia:Reliable sources/Noticeboard. (Hypnosadist) 01:51, 22 February 2008 (UTC)
- Created this thread http://en.wikipedia.org/wiki/Wikipedia:Reliable_sources/Noticeboard#The_Atlantic_Monthly_website to help us decide. (Hypnosadist) 01:57, 22 February 2008 (UTC)
- I see from viewing Wikipedia:Requests_for_arbitration/Waterboarding that the users here are somewhat paranoid about anons (most likely for good reasons, or not... whatever. I have no intention of looking through the pages and pages of talk archives to find out). There's no point blank "no more anon editing" statement made in the RFA, though. 24.32.208.58 (talk) 03:38, 21 February 2008 (UTC)
This thread has produced these sources;
http://www.csmonitor.com/2007/0531/p99s01-duts.html?s=mesdu White House nears completion of new torture guidelines
http://www.timesonline.co.uk/tol/comment/columnists/andrew_sullivan/article2602564.ece?print=yes&randnum=1191802946046 Bush’s torturers follow where the Nazis led
These should be useful. (Hypnosadist) 05:42, 22 February 2008 (UTC)
This is the primary source for the 1948 death penalities for waterboarding et al http://www.ess.uwe.ac.uk/WCC/bruns.htm and i think this should be added to the WWII section. (Hypnosadist) 05:45, 22 February 2008 (UTC)
- Those sources don't seem to say specifically that the Nazis used waterboarding. Am I missing something? --Akhilleus (talk) 06:02, 22 February 2008 (UTC)
From the Times
So is “enhanced interrogation” torture? One way to answer this question is to examine history. The phrase has a lineage. Versch�rfte Verneh-mung, enhanced or intensified interrogation, was the exact term innovated by the Gestapo to describe what became known as the “third degree”. It left no marks. It included hypothermia, stress positions and long-time sleep deprivation.
The United States prosecuted it as a war crime in Norway in 1948. The victims were not in uniform – they were part of the Norwegian insurgency against the German occupation – and the Nazis argued, just as Cheney has done, that this put them outside base-line protections (subsequently formalised by the Geneva conventions).
Though i do prefer the Atlantic monthly source as its much more detailed. (Hypnosadist) 06:48, 22 February 2008 (UTC)
Sources mentioning Verschärfte Vernehmung[40][41][42][43]
and the link with Carl Schmitt[1] Most notably the legal opinions offered by John Yoo et al. justifying controversial policies -such as introducing unlawful combatant status which purportedly would eliminate protection by the Geneva Conventions,[2] enhanced interrogation techniques, NSA electronic surveillance program, unitary executive theory- in the war on terror mimic his writings.[1] Nomen NescioGnothi seauton 13:47, 22 February 2008 (UTC)
- ^ a b Legal justification
- The Leo-conservatives by GERHARD SPÖRL, Der Spiegel, August 04, 2003
- The Return of Carl SchmittScott Horton, Balkinization, November 07, 2005
- Deconstructing John Yoo by Scott Horton, Harpers, January 23, 2008
- ^ War crimes warning
- Memos Reveal War Crimes Warnings By Michael Isikoff, Newsweek, May 19 2004
- Torture and Accountability by Elizabeth Holtzman, The Nation, June 28 2005
- US Lawyers Warn Bush on War Crimes By Grant McCool, Lawyers Against the War, Global Policy Forum, January 28 2003
More history[44][45] Nomen NescioGnothi seauton 19:09, 22 February 2008 (UTC)
- Are you sure that Thomas Romig and Donald Guter should have their own Wikipedia pages? They don't seem particularly notable to me. 24.32.208.58 (talk) 23:34, 22 February 2008 (UTC)
- The problem is that these articles don't specifically say that the Nazis used waterboarding. This Wikipedia article currently says that, explicity. I'm still not too sure about whether or not a bloggish-style opinion piece by [{Andrew Sullivan]] is a RS. Even if it is, I would really prefer a straight news source (pun not intended) or a historical article for the reference about Nazi waterboarding.
- It may seem like a ludicrous arguement to make: But was that form of waterboarding similar to the American one? Did it involve the same methods, or was it something like water cure with the retrospective label of waterboarding added to it? 24.32.208.58 (talk) 23:45, 22 February 2008 (UTC)
- Having had a chance read the Andrew Sullivan source it just mentions waterboarding in passing, saying it was banned for the gestapo to use it, but they broke there own rules. Has anyone got a source for the Gestapo waterboarding, i'm going to fact tag the article. (Hypnosadist) 15:09, 23 February 2008 (UTC)
- Please consider this:
- "Those same Nazis who claimed it was acceptable in times of war to use stress positions, environmental adjustments, hypothermia, water boarding, long forced standing as well as claiming that a lack of uniform allows for the most brutal of “techniques,” were themselves found guilty of war crimes and sentenced to death. The clever men and women of the Bush regime, who thought they could legalize torture by calling it “enhanced interrogation techniques” will hopefully be taught this simple lesson: torture is torture and by any other name is still illegal."[46]
- Respectfully Nomen NescioGnothi seauton 15:27, 23 February 2008 (UTC)
- Hi Nescio, that unfortunately is an even worse source, its writen in very polemic terms and it uses Andrew Sullivan as its basis. I'm off to ask at the military history project about the Gestapo. (Hypnosadist) 19:10, 23 February 2008 (UTC)
- Thread started here; http://en.wikipedia.org/wiki/Wikipedia_talk:WikiProject_Military_history/World_War_II_task_force#Expert_help_needed —Preceding unsigned comment added by Hypnosadist (talk • contribs) 19:17, 23 February 2008 (UTC)
- Not sure why H. Candace Gorman would fail as RS. She is an expert, represents detainees and writes on the subject. Nomen NescioGnothi seauton 19:15, 23 February 2008 (UTC)
- She's an RS in lots of areas, the history of WWII is not one of them and she quotes Andrew Sullivan as her source for this information. (Hypnosadist) 19:20, 23 February 2008 (UTC)
- Why is that a problem? He is a notable commentator and as such can be used. Nomen NescioGnothi seauton 19:30, 23 February 2008 (UTC)
- He is and i think it is ok to use the Atlantic source but i'd like a more authoritive source if i can find it. (Hypnosadist) 19:56, 23 February 2008 (UTC)
- A lot of poltical op-ed pieces have been mentioned as potential sources, but there should be third-party historical evidence for the sentence. This article shouldn't just limit itself to online articles. I also agree with Hypo that, just because someone is quoted as an RS on one subject, that doesn't means thee should be quoted on a different subject that they don't know about. 24.32.208.58 (talk) 21:23, 23 February 2008 (UTC)
- Why is that a problem? He is a notable commentator and as such can be used. Nomen NescioGnothi seauton 19:30, 23 February 2008 (UTC)
Added source: Delarue, Jacques, The Gestapo: A History of Horror (1964), p.234, Morrow. ≈ jossi ≈ (talk) 21:36, 23 February 2008 (UTC)
- Perfect! Thanks for that Jossi. (Hypnosadist) 22:29, 23 February 2008 (UTC)
Projects (?)
Why is this article part of the military history project when it is about an interrigation method, something not in and of itself military related? Also, why hasn't it been rated as to its relative importance if it has already recieved all this official Wikipedia administration attention? 24.32.208.58 (talk) 03:25, 21 February 2008 (UTC)
- I'm a member of that project,i can only give you my answer which is waterboarding is part of the War on Terror thus it is part of the military history project. As to why no-one has rated it i'd say ask at the project page. (Hypnosadist) 03:32, 21 February 2008 (UTC)
- I would ask there except that I'm afraid the importance rating may generate a whole new edit war between the side thinking its "mid" and the side thinking its "low" (which is my own opinion). I'm not trying to ABF of anyone here: I just think that a relative "outsider" who's also a longtime registered user should be one giving the rating if it's given out. Perhaps it's best to just leave that blank, then? 24.32.208.58 (talk) 03:48, 21 February 2008 (UTC)
- Well, it has been utilized in military campaigns throughout history. See this article, e.g. This war is no exception. The Army, which does interrogation as well, mentions it in its interrogation field manual. ~ UBeR (talk) 03:56, 21 February 2008 (UTC)
Legality + Classification as torture sections
I've added this to each:
We need to globalize these. The US views and opinions are only a small part of what matters in the world, and we need to accurately report a global view. Lawrence § t/e 14:44, 22 February 2008 (UTC)
- The best thing to do is to place all the court cases in this section under the respective countries, i.e. Norway for the Gestapo, US for the Philipines, et cetera. Nomen NescioGnothi seauton 19:12, 22 February 2008 (UTC)
Article Neutrality
"Some would call it torture but it is only reserved for the most evil of terrorists. It is an effective means of quickly getting information from a terrorist without doing any lasting physical damage."
should not be in here, plain and simple
- Unfortunately, without proper sourcing, and respect for our rules on neutrality, this is completely incompatible with how we do things. Lawrence § t/e 07:36, 23 February 2008 (UTC)
- for the same reasons i would leave it as "interrogation" instead of torture (in the first sentence) —Preceding unsigned comment added by 130.215.238.136 (talk) 08:38, 23 February 2008 (UTC)
- We have well over a hundred (I think 170 now?) sources and authorities, from all over the world, that identify the practice as torture, with records of it as torture dating back centuries. Only modern American viewpoints of a generally single political demographic (the minority demographic in the United States, in addition, by percentage of population I believe--American Conservatives are a minority in their own nation) have tried to re-brand waterboarding as "interrogation" or "not torture". Giving their viewpoints unearned weight on an article in an international encyclopedia on a global historical topic would be inappropriate. American views are not of special value in this case. Lawrence § t/e 22:30, 23 February 2008 (UTC)
- for the same reasons i would leave it as "interrogation" instead of torture (in the first sentence) —Preceding unsigned comment added by 130.215.238.136 (talk) 08:38, 23 February 2008 (UTC)
- By definition, interrogation consists of questioning an individual who is under detention. Typically, they are sitting in a chair and the interrogator is also sitting in a chair, or else standing. In waterboarding, however, a captive is bound to an inclined table, with his/her head and mouth covered with a cloth, which is not conducive to the interrogator hearing his/her responses. If waterboarding is to be construed as an interrogation method, then so must all other forms of torture--as any activities that cause great suffering may interspersed into an interrogation session. Thus, there would not be any forms of torture we could continue to call by the term "torture," as they would all be redefined as "interrogation methods." This is illogical and seems motivated solely by a frantic, after-the-fact attempt by certain elements in the United States to change the actual definition of this well-described and -understood practice in the public eye (using Wikipedia as a tool, or battleground to do so, as the eighth most visited Internet site), as it has now been admitted it has been conducted by agents of that nation's government. Badagnani (talk) 22:42, 23 February 2008 (UTC)
Public opinion - expand?
The most recent- in 2007- poll says that forty percent of Americans support waterboarding's use. This one poll states that 32 of Americans "regard the use of torture against people suspected of involvement in terrorism as an acceptable part of the U.S. campaign against terrorism". Another poll from that same source says that it's more like 38%. A 2005 Newsweek poll (same source) on torture broke it down like this: Often Justified - 17, Sometimes Justified - 27, Rarely Justified - 18, Never Justified - 33. 5% were unsure. 24.32.208.58 (talk) 22:14, 23 February 2008 (UTC)
- We should limit the use of public opinion polls, in general, as the public is not a reliable source. There is room for this, in some form, but it needs to be balanced vs. international polls and the like. In any event, this should not be used in any section by US-specific ones, as the polls appear to have zero bearing on the rest of the planet's views. Lawrence § t/e 22:27, 23 February 2008 (UTC)
- I personally think that these polls have nothing to do with the 500 year long history of waterboarding, and should not be used at all. (Hypnosadist) 23:13, 23 February 2008 (UTC)
- I could go either way between minimal use and none, but I will defer to whatever wide consensus forms here as always. Lawrence § t/e 23:16, 23 February 2008 (UTC)
- I personally think that these polls have nothing to do with the 500 year long history of waterboarding, and should not be used at all. (Hypnosadist) 23:13, 23 February 2008 (UTC)
Mediation request and results of sockpuppet investigation
A mediation request has been made [47]. The results of the third sockpuppet investigation in the history of this content dispute may be found [48]. In addition to confirming all previous results, here are the new findings: two Unrelated, two
Unlikely and one
Inconclusive. I hope that this will finally resolve the matter and that we can address the content dispute through mediation in a constructive, good faith manner. Please participate. Thank you. Neutral Good (talk) 00:11, 24 February 2008 (UTC)