At
the end of July, the Israeli parliament approved the forced feeding
of prisoners over the objections of the country’s main medical
association and the same objections to the procedure have been raised
by human rights activists in that country as have been raised about
the same treatment of prisoners the U.S. is holding in Guantanamo Bay
in Cuba.
Many
legal experts and human rights organizations declare that forced
feeding is a form of torture, just as many claim that solitary
confinement of prisoners for more than a few weeks is a form of
torture. In many prisons in the U.S., inmates have been held in
solitary confinement for years, even decades.
It
all depends on your perspective. Waterboarding is considered torture
and at least a few of the Japanese who were on trial after World War
II were executed for waterboarding their prisoners of war. Yet, Dick
Cheney, former vice president in the George W. Bush Administration,
has gone about the country claiming that the practice (which
simulates drowning) is merely “enhanced interrogation”
and, therefore, is not torture.
About
waterboarding, Jesse Ventura, former governor of Minnesota and a
former Navy SEAL, underwent a waterboarding session as part of his
SEAL training. It’s torture, he declared. Back in 2011, he
told Huffington Post that, if he waterboarded the right wing host of
Fox News program, Sean Hannity, he could get him to say, “Barack
Obama is the greatest president.” On another occasion, Ventura
said that, if he had Cheney on a waterboard, he could have him
confessing to the Tate murders, the mass murder committed in
California in the late 1960s by followers of Charles Manson.
As
for forced feeding, there has been a more recent example of a
volunteer, Yasiin Bey (formerly known as Mos Def), the rapper, who
volunteered to be force-fed to be able to describe what it is like
for the so-called detainees at Guantanamo, Muslims who were
imprisoned for an indefinite period by the hundreds after the 9/11
attacks. When many went on hunger strikes, they were force-fed.
Bey, himself a Muslim and a native New Yorker, volunteered to undergo
the procedure and be videotaped. He lasted a very short time,
because of the extreme pain, not to mention the humiliation.
The
victims of forced feeding are strapped down on a chair, not unlike
how condemned prisoners are strapped down for a lethal injection or,
in the past, for the electric current. A feeding tube is inserted up
through a nostril and down into the stomach. It can be repeated in
the other nostril. During Ramadan, the Guantanamo force-feeders
honored the rules of the Muslim observance and only force-fed them
after sundown.
In
2013, the White House defended the practice and the then-spokesman,
Jay Carney, said, “The president said in April, we do not want
these individuals to die,” according to the Miami Herald.
Carney also said that Obama understood that the forced feeding is a
“challenging situation.” Indeed, it was, since so many
were being held without charge and did not know if they would ever
leave the prison alive.
Israel’s
Medical Association, the equivalent of the American Medical
Association in the U.S., called on Israeli doctors to refuse to be
involved in the procedure, declaring forced feeding to be risky and a
form of torture. Both the U.S. and Israel’s national medical
associations are members of the World Medical Association, which
describes torture “as the deliberate, systematic or wanton
infliction of physical or mental suffering by one or more persons
acting alone or on the orders of any authority, to force another
person to yield information, to make a confession, or for any other
reason.” The WMA’s policy also states, “According
to the policy, a prisoner who refuses to eat should not be fed
artificially against his will, provided that he or she is judged to
be rational.”
But,
who is to judge whether a hunger striker is rational or not? All of
these policies have an escape clause for jailers and torturers. They
can debate whether a prisoner is rational endlessly, all the while
force-feeding against the person’s will. There are few
practical rights that prisoners have inside any chamber of
imprisonment and the last one is the right to refuse to take
nourishment. Forced feeding is a violation of that last right and is
the ultimate violation of one’s person, before the inevitable
mental and emotional breakdown of the person.
The
practice of forced feeding goes back a long way and, in the U.K.,
back to the early years of the 20th Century, during the
time of that country’s women’s suffrage movement. When
women who were jailed for voting or trying to vote were imprisoned
went on hunger strikes, they were force fed and American
modernist-feminist writer Djuna Barnes had herself force fed to write
about the experience.
In
Israel, the nation’s Physicians for Human Rights told Reuters
that the law is shameful and urged doctors to “refuse to serve
as a fig leaf for torture.” Participation by doctors would be
to “severely violate medical ethics for political gains…”
However, Gilad Erdan, Israel’s Internal Security Minister,
defended the law, Reuters reported, as a way to prevent Palestinians
jailed for security offenses from using hunger strikes to pressure
Israeli authorities to release them. Then, he noted on Facebook that
it would be up to an Israeli civilian court to make the decision to
force-feed. Again, the slippery slope that leans toward torture,
with the court or “legal experts” giving cover to the
military and politicians, as in Guantanamo, as well as Israel.
When
nations or groups of nations, such as the United Nations, come up
with a convention or agreement on things of such great import as
torture, it is wise to remember who is doing the negotiating and
drafting of language: They are members of the political and economic
elites of all the countries involved and, in an individual nation, it
is the same elites who formulate the policies and laws with which
they promise to abide.
Therefore,
it is not likely that they will provide ironclad language that will
prohibit torture in all its forms and so it is with most laws and
international agreements of whatever kind. Representatives of
nations will not write, or agree to, language that they cannot live
with and they always leave themselves a loophole, legal or
philosophical (“We didn’t want them to die,” in the
case of forced feeding, and the torturer’s twisted take on the
“sanctity of life.”). Those in power always wish to
remain in power and will take whatever actions are necessary to
maintain power, and so they leave themselves an escape clause in
domestic laws or international agreements.
On
Dec. 10, 1984, the U.N. adopted “The Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment,”
which lays out clearly what might constitute torture. The U.S.
signed the convention in 1988 and it was ratified in 1994. One short
sentence provides an addition that tightens up the loophole that
might be seen to exist: “Actions which fall short of torture
may still constitute cruel, inhuman or degrading treatment under
Article 16.”
Even
as the Dick Cheneys of the world move about declaring that what they
engaged in is not torture might be caught up short by that last
sentence, which prohibits “cruel, inhuman or degrading
treatment,” things that are specifically prohibited in the
language of the Eighth Amendment of the U.S. Constitution: “Excessive
bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.” If American officials
cannot be depended upon to uphold the constitution, it is up to the
people to make themselves aware of all of the ways that their rights
are violated and fight to retain them.
Torture
is perpetrated away from the sight and hearing of the people,
otherwise it would not be tolerated. Torturers know this and make
certain that the torture chambers are far from the lives of the
people…in prisons and jails, but also in other countries,
where officials who condone torture can be provided “plausible
deniability,” in places like Guantanamo or “black
sites,” in several other countries, usually run by dictators or
authoritarians who hold the people in little respect, if not outright
contempt and, therefore, have little to fear from them.
It
is up to the people to hold their elected officials to the laws and
the constitution, itself, to prevent any further use of torture. In
the U.S., we like to refer to things that happen or do not happen “on
my watch.” Torture has happened on the watch of many officials
in the U.S. Very few torturers have been brought to justice and,
until the highest officials are brought to justice for torture of
prisoners, it is not likely that we will see an end to the practice.
It takes a vigilant people to achieve such an end and a willingness
on their part to see that justice is done. The perpetrators are not
going to bring themselves to justice.
|