Torture, Spin, and Fair Play
Earlier this week, Warren Kinsella directed the considerable weight of his spinmanship against the leadership candidacy of Etobicoke Lakeshore MP, Michael Ignatieff. this is not the first time that Michael Ignatieff's words have been twisted by his critics but it does not take much to understand how blately misrepresented his views have been. Before going any further in this post I should make clear that I believe Michael Ignatieff would do a good job as leader of the Liberal party.
Warren Kinsella doesn't seem to mind misrepresenting the views presented in the essay or dismissing a nuanced opinion and said so himself. I thought I might follow in Warren's footsteps and post here my own "representative sampling" of remarks from the essay.
The article in Prospect opens with the following point:
The moral imperative—do not torture, any time, anywhere, in any circumstances—is mandated by the UN convention against torture and other cruel, inhuman or degrading treatment or punishment. "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency," says the convention, can "be invoked as a justification of torture." That terrorists themselves torture does not change these imperatives. Our compliance does not depend on reciprocity.
on the topic of justifying torture through the use of an "argument of necessity" he has this rebuke:
The acts remain bad, and the person must accept the moral opprobrium and not seek to excuse the inexcusable with the justifications of necessity.
While willing to connote degrees of "immoral action" by saying things like this:
If one enumerates the forms of coercive interrogation that have been judged to be inhuman and degrading by the Israeli and the European courts—hooding, holding subjects in painful positions, exposing them to cold or heat or ear-splitting noise—these techniques also seem unacceptable, though at a lower threshold of awfulness, than torture.
He is convinced that such arguments could not lead to the endorsement or permissability of the practice of any kind of unacceptable techinques. He clearly recognises the slippery slope of such ideas:
I have practical difficulty enumerating a list of coercive techniques that I would be willing to have a democratic society inflict in my name. I accept, for example, that a slap is not the same thing as a beating, but I still don't want interrogators to slap detainees because I cannot see how to prevent the occasional slap deteriorating into a regular practice of beating.
he makes clear his belief that torture and coercive interrogation must be banned and there must be punishment for those who practice these techniques:
It seems clear from the dire experience of Abu Ghraib that outright prohibition of both torture and coercive interrogation is the only way to proceed. Rules for interrogations, with penalties in the uniform code of military justice, should be mandatory.
He also outlines some of the challenges and failures in the US case of enforcing such a ban and suggests that:
...court review and access, however imperfect, is the only reliable way to keep detention under the rule of law.
Wrapping up these thoughts he is very clear in his position:
...an absolute and unconditional ban on both torture and those forms of coercive interrogation that involve stress and duress, and I believe that enforcement of such a ban should be up to the military justice system plus the federal courts. I also believe that the training of interrogators can be improved by executive order and that the training must rigorously exclude stress and duress methods.
Having clearly established his position he deals with some of the more problematic possibilities, the "ticking bomb scenario" and the asserted "utility" of these practices. Some of his thoughts:
even a conscientious agent acting in good faith to save lives should be charged with a criminal offence and be required to stand trial.
It is often said—and I argued so myself—that neither coercive interrogation nor torture is necessary, since entirely lawful interrogation can secure just as effective results. There must be some truth to this. Israeli interrogators have given interviews assuring the Israeli public that physical duress is unnecessary.
In wrapping up his essay Michael makes clear that even though the prohibition of torture and coercive interrogation may come at a price to the societies that implement them, societies must choose to pay that price. In his own words:
those who support an absolute ban on torture had better be honest enough to admit that moral prohibition comes at a price.
The best I can do is to relate the ban on torture to the political identity of the democracies we are trying to defend—by claiming that democracies limit the powers that governments can justly exercise over the human beings under their power, and that these limits include an absolute ban on subjecting individuals to forms of pain that strip them of their dignity, identity and even sanity.
We cannot torture, in other words, because of who we are. This is the best I can do, but those of us who believe this had better admit that many of our fellow citizens are bound to disagree.
Those of us who oppose torture should also be honest enough to admit that we may have to pay a price for our own convictions...I cannot tell how high this price might be. Ex post—following another terrorist attack that might have been prevented through the exercise of coercive interrogation—the price of my scruple might simply seem too high. This is a risk I am prepared to take, but frankly, a majority of fellow citizens is unlikely to concur.
Here's a bit of a recap from my perspective:
Not only has Michael given this topic considerable thought and research, he has here demonstrated that his opposition to torture and coercive interrogation is unconditional. His commitment to this ban extends beyond political expediency and is a fundamental conviction. Here a politician and leadership hopeful has articulated a clear policy, has responses for those who argue differently and is willing to hold this position and be judged on his stance unconditionally. Isn't this exactly the kind of ability we want to see more of? Isn't this what endears Stephane Dion to strong federalists and what Liberals value in leaders like Pearson and Trudeau?
I'm certain that by posting this I will hear the inevitable accusations of "kool-aid drinker" but this post is not to say that the candidate is without fault. Certainly there are criticisms to be made of Dr. Ignatieff, but certainly we can get beyond the idea that the man is in favor of torture.
Yes, as Mr. Kinsella says, the manner in which this article has been written lends itself to misrepresentation and were it published during an election would have an effect. The man is learning to modulate his message in a more political manner and his speech today at the University of Ottawa is a prime example at his growth in this skill.
UPDATE:
Among other bloggers commenting on this essay we find that CalgaryGrit, Rob's Random Thoughts, The "What do I know" Grit, Odd Thoughts, Just Society and R&R have all objected to Warren's mischaracterization of Ignatieff's views. They have also to varying degrees endorsed his candidacy. Andrew Potter has an old defense of the man here.
Blue Grit has a link to an interview on C-SPAN defending his views in case you want further clarity.
CalgaryGrit, Red Tory and Cerberus have posted positive profiles of Ignatieff as a candidate.
Red Tory also has a post dismissing accusations of "Liberal tourism"
Another endorsement comes from: Aman Hayer


