1/4/15. The Ticking Time Bomb Scenario. Ripped from the Headlines: Psychology and Torture NITOP 2015
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1 + Ripped from the Headlines: Psychology and Torture NITOP 2015 Linda M. Woolf, PhD Webster University Dec. 14, 2014 The Ticking Time Bomb Scenario Declassification Revisions December 3, 20l4 Desperate Times = Desperate Measures I know from personal experience that the abuse of prisoners will produce more bad than good intelligence, he said. I know that victims of torture will offer intentionally misleading information if they think their captors will believe it. I know they will say whatever they think their torturers want them to say if they believe it will stop their suffering. Utilitarianism vs. Ethics? 1
2 Page 55: The technique I taught Luther (an Army interrogator) was just one way we got prisoners to talk without anything remotely abusive. Much of the culture at Gitmo in 2002 and 2003, perhaps due to the anger over 9/11, involved projecting one s rage onto the detainees. My role was to teach rapport and relationship-building approaches between the detainee and interrogator without the abuse. Permissible Techniques Direct Questioning Effective 95% of the time Source: Army Field Manual ("Intelligence Interrogation") Harris, D. (2012). Failed evidence: Why law enforcement resists science. New York: New York University Press. The TV Answer Brigadier General Patrick Finnegan Kearns, E., & Young, J. (Under review). If torture is wrong, what about 24?: Torture and the Hollywood effect. Retrieved from sol3/papers.cfm?abstract_id=
3 A Look Back Past APA Actions 2005 APA Presidential Task Force on Psychological Ethics and National Security (PENS) Fresh Details Emerge on Harsh Methods at Guantánamo Published: January 1, 2005 SERE BSCTs Private Contractors 2006 APA Resolution Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment 2007/8 APA Reaffirmation of the American Psychological Association Position Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and Its Application to Individuals Defined in the United States Code as "Enemy Combatants" (inclusive of the 2008 amendments) 2008 APA Petition Resolution Ballot 2010 Ethics Code Revision Current APA Policy Current APA Policy: Statement One Policy Related to Psychologists' Work in National Security Settings and Reaffirmation of the APA Position Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment APA Member-Initiated Task Force to Reconcile Policies Related to Psychologists' Involvement in National Security Settings The 2008 APA Petition Resolution Policy, Psychologists and Unlawful Detention Settings with a Focus on National Security: Psychologists may not work in settings where persons are held outside of, or in violation of, either International Law (e.g., the UN Convention Against Torture and the Geneva Conventions) or the US Constitution (where appropriate), unless they are working directly for the persons being detained or for an independent third party working to protect human rights. Current APA Policy: Statement Two Current APA Policy: Statement Three 2010 Ethics Code; e.g., 1.02 Conflicts Between Ethics and Law, Regulations, or Other Governing Legal Authority If psychologists ethical responsibilities conflict with law, regulations, or other governing legal authority, psychologists clarify the nature of the conflict, make known their commitment to the Ethics Code, and take reasonable steps to resolve the conflict consistent with the General Principles and Ethical Standards of the Ethics Code. Under no circumstances may this standard be used to justify or defend violating human rights. There is absolutely no defense to a violation of human rights under the APA Ethics Code. Psychologists shall not engage in, assist, tolerate, direct, support, advise, facilitate, plan, design, or offer training in torture or other cruel, inhuman, or degrading treatment or punishment under any and all conditions, nor shall they participate in any procedure where such treatment is threatened. Psychologists may not enlist others to employ these techniques in order to circumvent this policy's prohibition. Moreover, psychologists shall not provide knowingly any research, instruments, or knowledge that facilitates the practice of torture or other forms of cruel, inhuman, or degrading treatment or punishment. 3
4 Current APA Policy: Statement Three APA unequivocally condemns torture and cruel, inhuman, or degrading treatment or punishment, under any and all conditions (applicable to all individuals, in all settings and in all contexts without exception), including detention and interrogations of any persons regardless of designation (e.g., lawful and unlawful enemy combatants as defined by the US Military Commissions Act of 2006 or privileged vs. unprivileged enemy belligerent as defined by the US Military Commissions Act of 2009). Current APA Policy: What is Torture UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity". (Article 1) Current APA Policy: What is Cruel, Inhuman, Current or Degrading? Three definitions Treatment or punishment of any person in accordance with the United States Reservation I.1 of the Reservations, Declarations and Understandings to the United Nations Convention Against Torture, which defines this term as "the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States. APA further unequivocally condemns all techniques considered torture or cruel, inhuman or degrading treatment or punishment under the United Nations Convention Against Torture; the Geneva Conventions; the Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; the Basic Principles for the Treatment of Prisoners; or the World Medical Association Declaration of Tokyo. An absolute prohibition against the following techniques therefore arises from, is understood in the context of, and is interpreted according to these texts: Mock executions; waterboarding or any other form of simulated drowning or suffocation; sexual humiliation; rape; cultural or religious humiliation; exploitation of fears, phobias or psychopathology; induced hypothermia; the use of psychotropic drugs or mindaltering substances; hooding; forced nakedness; stress positions; the use of dogs to threaten or intimidate; physical assault including slapping or shaking; exposure to extreme heat or cold; threats of harm or death; isolation; sensory deprivation and over-stimulation; sleep deprivation; or the threatened use of any of the above techniques to an individual or to members of an individual's family Current APA Policy: Statement Four - Seven Mandate to Report Psychologists in national security settings shall work in accordance with international human rights instruments relevant to their roles. Additional Ethics Code requirements No exceptional circumstances whatsoever, whether induced by a state of war or threat of war, internal political instability or any other public emergency, that may be invoked as a justification for torture or cruel, inhuman, or degrading treatment or punishment, including the invocation of laws, regulations, or orders. 4
5 Teaching about Torture Bandura s Moral Disengagement Moral Justification Palliative Comparison Euphemistic Labeling Minimizing, Honoring, Or Misconstruing the Consequences Dehumanization Attribution of Blame Reprehensible Conduct Detrimental Effects Victim Stanford Prison Study Ghosts of Abu Ghraib Displacement of Responsibility Diffusion of Responsibility Baumeister s Magnitude Gape Differences in Perception of Harm! Deliberate vs. Unintentional! Elasticity of Time! Blurring of Roles! The path towards mass violence and torture - Woolf & Hulsizer Learning by doing Staub The official torturer: A learning model for obedience to the authority - Haritos-Fatouros Learned Helplessness - Seligman Contributing Factors To Lasting Harm: PTSD When the stress is: Sudden Unexpected Severe Prolonged Repetitive When the stress causes: Physical injury Threat to life Humiliation Destruction of community Destruction of social support system Universal Declaration of Human Rights The UDHR states that these rights are universal (without distinction, all individuals inherently possess these rights), inalienable (unable to be lost or taken away), and indivisible (all rights are equally important). 5
6 Additional UN Human Rights Documents for Students Convention on the Rights of the Child Convention on the Elimination of All Forms of Discrimination against Women United Nations Principles for Older Persons Convention on the Rights of Persons with Disabilities Indigenous and Tribal Peoples Convention Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities How have you discussed the issue with your students? International Convention on the Elimination of all Forms of Racial Discrimination International Covenant on Economic, Social and Cultural Rights International Covenant on Civil and Political Rights Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment + Ripped from the Headlines: Psychology and Torture NITOP 2015 Linda M. Woolf, PhD Webster University woolflm@webster.edu 6
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