The torturers' bargain: Crime and no punishment, but many rewards

Protesters dressed as Guantánamo prisoners march through Washington, D.C. Photo: Justin Norman/Flickr

Despite being deeply implicated in some of the worst crimes of the Bush administration's torture regime, Gina Haspel has been promoted to Director of the CIA.

Haspel managed the CIA's Site Green detention camp in Thailand, the blueprint for the rest of the Agency's "black sites" around the world: a matrix of secret prisons where the captives could be brutalized with impunity.

Black site detainees were broken physically and psychologically; kept naked, beaten, hooded, waterboarded, threatened with electric chairs and military dogs, sexually abused (including through medically unnecessary rectal feedings so forceful the effects resembled those of violent rape), locked in boxes filled with insects, and forced to lie in their own excrement. One lost an eye, at least two died, and many hallucinated or begged to be killed.

Even more damningly, it turned out that almost one-quarter of the detainees had been sucked into the CIA's system of black holes completely by mistake, according to the U.S. Senate Intelligence Committee.

One of the prisoners over whose torture Haspel presided, Abdal Rahim al-Nashiri, was described by a U.S. Navy reserve doctor as "one of the most severely traumatized individuals I have ever seen … in my over 20 years of experience treating torture victims from around the world, including Syria, Iraq, and the Democratic Republic of Congo."

The prohibition of torture in international law is universal and absolute, and the UN Convention Against Torture requires all forms of involvement in it to be criminalized. But instead of being punished, many of the officials responsible for America's torture program have been advanced to positions of even greater power -- a tradition started by Presidents Bush and Obama, and now extended by Donald Trump.  

Government lawyer Jay Bybee, for example, who helped construct the legal framework used to justify torture, was given a lifetime seat as a judge on the Ninth Circuit Court of Appeals.

Bybee's co-architect of legalized torture, White House Counsel Alberto Gonzales, was elevated to U.S. Attorney General.

Former Deputy Secretary of Defense Paul Wolfowitz, who approved the torturous interrogation techniques employed at Guantanamo Bay and Abu Ghraib, went on to become President of the World Bank.  

John Brennan, who endorsed extraordinary rendition and torture as a CIA official during the Bush years, was appointed first as White House Homeland Security Advisor and then as CIA Director by Barack Obama.

George Tenet, who authorized and directed the use of torture as Director of the CIA, received a Presidential Medal of Freedom from George Bush -- while Bush himself is now being memorialized in nostalgic hindsight as Trump's contrast in presidential virtue and restraint, rather than his precedent in lawless brutality.  

In Canada, too, individuals complicit in torture have long been rewarded instead of removed.

For instance, psychiatrist Donald Ewen Cameron -- who conducted electroshock experiments on humans at McGill University in the 1950s, for a CIA-funded project on mind control -- ascended to President of the World Psychiatric Association.

More recently, the O'Connor and Iacobucci Inquiries determined that Canadian security agencies wrongfully labelled four innocent Muslim men as terrorists on the basis of racist stereotypes in the wake of 9/11, and then took advantage of their resulting incarceration in countries infamous for torture to try to extract information out of them.

But none of the authorities inculpated have been prosecuted. On the contrary, several were promoted -- among them Mike Cabana, the inspector in charge of the RCMP's torture-enabling A-O Canada investigation, who climbed the ranks to Deputy Commissioner; and Stephen Covey, the RCMP's liaison with the torture-mongering Syrian regime, who became a Superintendent.

At least three of the participants in the torture scandal, including Cabana, were subsequently honoured with the Order of Merit of the Police Forces for "exceptional service."  

Giuliano Zaccardelli -- who was pressured to resign from his post as Commissioner of the RCMP after lying to a parliamentary committee about the torture of Maher Arar -- was given a senior position in Interpol, the global police force.

Last month, Kelly Pocha was fired from her job in a British Columbia car dealership, following outrage about her racist tirade in a Denny's restaurant denigrating a group of Muslims as "not Canadian" -- while the planners and executors of a global system of abuse designed to treat scores of Muslim detainees as non-human have not only been spared punishment, but permitted to rise to the heights of institutions entrusted with enormous amounts of power.

The logic required to rationalize the apparent paradox -- the bigger the scale of the transgression, the smaller the penalty -- can only be described as tortured.  

Azeezah Kanji is a legal analyst. Monia Mazigh is an author and human rights advocate.

Photo: Justin Norman/Flickr

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