 Originally Posted by Oneironaut
I understand what you're saying, but I think you're giving an arbitrary pardon on just how bad those situations can be, one that also has not been clarified in the declaration that "We do not torture." In short, I think that's a stretch of faith for you to assume that the techniques are somehow stopped before the detainee feels (at the very least) severe mental suffering.
If I'm being interrogated by someone, and they employ techniques to make me feel like I am going to be left in a freezer until I get hypothermia and/or die, I would be in a state of severe mental suffering. Likewise, if they dunk my head over and over, for long periods of time, and make me feel the possibility that if I don't say something, anything, they are going to drown me, I would be in a state of severe mental suffering.
The level of severe mental suffering resulting from worry about what is about to happen would be within their grasp to control, so it could not get more extreme than they allow it. If they are capable of allowing it to happen, it cannot be too severe. I don't think the worry of what is coming next when they can call off what would be coming next qualifies as severe mental pain. If it were, then all police interrogations could be considered torture, and so could all criminal trials.
 Originally Posted by Oneironaut
But, to add to that, how many of the wrongly accused do you think they put through these techniques, trying to get information that the detainee just doesn't have? Do you have sympathy for them, when they 'crack' and admit to being an Al Qaeda operative, when it's not true, to avoid any more "intense interrogation," or do you think it's just a justified liability, in the name of the war on terror?
You really have a point on that. What I am saying is based on the assumption that the government is only using its interrogation resources on people whom they really have great reason to interrogate, such as people who shot at them and people who were found in Al Qaeda training camps and groups of fighters, as well as people that sufficient intelligence says are members of Al Qaeda or other enemy combatants. The other extreme, which I am not saying you think is the case, would be picking random people off the streets of Iraq and Afghanistan and scaring the Bejesus out of them to find out what they know. That would be torture, and it would be an atrocity. There is a grey area between the two extremes, and in that grey area is what I would consider recklessness with the possibility with severe pain. The law considers recklessness to be as serious as actual intent, and so do I. I would consider that torture.
This issue reminds me of the scene in Pulp Fiction when Marseilles says, "We don't want to think. We want to know. Get the dogs on his ass and find out exactly what he knows." Doing that based on what ifs and probably's would be torture. But using strong intelligence to find enemy combatants and then putting controllable fear in them so they will avoid the perceived coming of torture does not qualify as torture, in my opinion. If a person is falsely detained once in a while and has "the dogs on his ass" and he has no idea what to say and is therefore horrified, that is absolutely terrible, but it would still be the case that the government was not trying to induce that state and was not using torture as a policy. The government would, to the best of its knowledge, not even be using torture accidentally. But the issue of how strong the intelligence on those detainees is does create a fuzzy area.
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