There’s Still Time to Prosecute the Torturers
I served two years in prison for exposing the CIA's torture program. Why are
the men responsible for it walking free?
By John Kiriakou
May 20, 2015 "Information
Clearing House" - After I blew the whistle
on the CIA’s torture program in 2007, the fallout for me was brutal. To make
a long story short, I served nearly two years in federal prison and then
endured a few more months of house arrest.What
happened to the torture program? Nothing.
Following years of waiting for the government to do
something, I was heartened when I read in my prison cell — in a four-day-old
copy of The New York Times — that the Senate Select Committee on
Intelligence had finally released in December a
heavily censored summary of its report on the CIA’s brutal “enhanced
interrogation” techniques.
Finally, I thought, Congress will do something about our
government’s shameful embrace of torture. It was big news — for two or three
days.
I thought there’d be quick action by courageous members of
both parties who respect human rights and civil liberties. I thought they’d
work together to ensure that our collective name would never again be
sullied by torture — that we’d respect our own laws and the international
laws and treaties to which we’re signatories.
In retrospect, I was naïve, even after having served in
the CIA for nearly 15 years and as a Senate committee staffer for several
more.
Despite repeated efforts by the CIA to impede
investigations into its conduct, the report confirmed that the program was
even worse than most Americans had thought.
Take the case of
Ammar al-Baluchi, who was arrested in Pakistan and sent to a secret CIA
prison, where interrogators held his head under water, beat him repeatedly
with a truncheon, and slammed his head against the wall, causing lasting
head trauma.
This abuse wasn’t authorized by the Justice Department. So
why weren’t the perpetrators charged with a crime?
Perhaps worst of all, CIA officers tortured as many as 26
people who were probably innocent of any ties to terrorism.
Sadly, the report’s release
didn’t lead to any action by the White House or the Justice Department.
The architects of the program haven’t been held accountable. Nor have those
who clearly violated the law by torturing prisoners without any legal
justifications. Why should the government have locked me up for telling the
truth and given them full impunity?
But there’s still time for President Barack Obama to order
the Justice Department to prosecute these perpetrators of torture. And
there’s a clear precedent in how the government has confronted similar
actions in the past.
In 1968, for example, The Washington Post
published a photo of a U.S. soldier
waterboarding a North Vietnamese prisoner. The Defense Department
investigated the incident, court-martialed the soldier, and convicted him of
torture.
Why should the Senate’s torture report elicit less
response than a photograph? It was wrong in 1968 to commit torture. It’s
still wrong — and prosecutable — in 2015.
Some current and former CIA leaders will argue that
torture netted actionable intelligence that saved American lives. I was
working in the CIA’s counterterrorism center at the same time they were, and
I can tell you that they’re lying.
Torture may have made some Americans feel better in the
aftermath of the September 11 attacks. It may have made them feel that the
government was avenging our fallen compatriots. But the report found that
“the harsh interrogation methods did not succeed in exacting useful
intelligence.”
Whether or not it ever gleans useful intelligence,
however, is beside the point. The question isn’t whether torture works.
Torture is immoral.
There has to be a red line: The United States of America
must oppose torture and ban its use absolutely. That begins in the Oval
Office, and Obama needs to belatedly do something about it.
John Kiriakou is an associate fellow at the Institute
for Policy Studies. He’s a former CIA counterterrorism officer and former
senior investigator for the Senate Foreign Relations Committee
This article is a joint publication of
Foreign Policy In
Focus and
OtherWords.