Torturing Democracies : Regulating Torture

Since 9/11 it has become painfully clear that all Western and pro-Western nations are under a new constant national security threat, and that terror attacks may come unprovoked and unannounced at any time, directed at any private or public institution. Al-Kaida and its supporters present a real and long-term threat against the Western way of life. They challenge our peace and order but also our perception of public morality, the rule of law and the extent to which we are willing to protect our hard-won human rights in the face of adversity. Tough measures have been adopted for the prevention of terror in most Western nations, prying into individuals' privacy and infringing on the rights of everyone from local citizens to foreign detainees. The renewed debate over torture by state officials is an unfortunate necessity. We cannot and should not look the other way. Rather we must face the issues head on: we must conduct a vigorous public debate, in the press and in all branches of government - the executive, the legislature and the court system - over the actual need of torture in interrogation and, if deemed absolutely necessary in extreme circumstances, we must seriously consider the unthinkable. Moreover, there must be procedural and substantive safeguards against potential abuse of all forms of interrogation, even if we believe they fall short of torture; public oversight and personal accountability of officials are essential checks over these harsh powers in a well functioning democracy