XVIII. The Business of Torture

Also Read

The Argument for Torture

On January 16, 2003, the European Court of Human

Rights agreed - more than two years after the applications

have been filed - to hear six cases filed by Chechens

against Russia. The claimants accuse the Russian military

of torture and indiscriminate killings. The Court has ruled

in the past against the Russian Federation and awarded

assorted plaintiffs thousands of euros per case in

compensation.

As awareness of human rights increased, as their

definition expanded and as new, often authoritarian

polities, resorted to torture and repression - human rights

advocates and non-governmental organizations

proliferated. It has become a business in its own right:

lawyers, consultants, psychologists, therapists, law

enforcement agencies, scholars and pundits tirelessly

peddle books, seminars, conferences, therapy sessions for

victims, court appearances and other services.

Human rights activists target mainly countries and

multinationals.

In June 2001, the International Labor Rights Fund filed a

lawsuit on behalf of 11 villagers against the American oil

behemoth, ExxonMobile, for "abetting" abuses in Aceh,

Indonesia. They alleged that the company provided the

army with equipment for digging mass graves and helped

in the construction of interrogation and torture centers.

In November 2002, the law firm of Cohen, Milstein,

Hausfeld & Toll joined other American and South African

law firms in filing a complaint that "seeks to hold

businesses responsible for aiding and abetting the

apartheid regime in South Africa ... forced labor,

genocide, extrajudicial killing, torture, sexual assault, and

unlawful detention".

Among the accused: "IBM and ICL which provided the

computers that enabled South Africa to ... control the

black South African population. Car manufacturers

provided the armored vehicles that were used to patrol the

townships. Arms manufacturers violated the embargoes

on sales to South Africa, as did the oil companies. The

banks provided the funding that enabled South Africa to

expand its police and security apparatus".

Charges were leveled against Unocal in Myanmar and

dozens of other multinationals. In September 2002, Berger

& Montague filed a class action complaint against Royal

Dutch Petroleum and Shell Transport. The oil giants are

charged with "purchasing ammunition and using ...

helicopters and boats and providing logistical support for

'Operation Restore Order in Ogoniland'" which was

designed, according to the law firm, to "terrorize the

civilian population into ending peaceful protests against

Shell's environmentally unsound oil exploration and

extraction activities".

The defendants in all these court cases strongly deny any

wrongdoing.

But this is merely one facet of the torture business.

Torture implements are produced - mostly in the West -

and sold openly, frequently to nasty regimes in developing

countries and even through the Internet. Hi-tech devices

abound: sophisticated electroconvulsive stun guns, painful

restraints, truth serums, chemicals such as pepper gas.

Export licensing is universally minimal and non-intrusive

and completely ignores the technical specifications of the

goods (for instance, whether they could be lethal, or

merely inflict pain).

Amnesty International and the UK-based Omega

Foundation, found more than 150 manufacturers of stun

guns in the USA alone. They face tough competition from

Germany (30 companies), Taiwan (19), France (14),

South Korea (13), China (12), South Africa (nine), Israel

(eight), Mexico (six), Poland (four), Russia (four), Brazil

(three), Spain (three) and the Czech Republic (two).

Many torture implements pass through "off-shore" supply

networks in Austria, Canada, Indonesia, Kuwait, Lebanon,

Lithuania, Macedonia, Albania, Russia, Israel, the

Philippines, Romania and Turkey. This helps European

Union based companies circumvent legal bans at home.

The US government has traditionally turned a blind eye to

the international trading of such gadgets.

American high-voltage electro-shock stun shields turned

up in Turkey, stun guns in Indonesia, and electro-shock

batons and shields, and dart-firing taser guns in torture-

prone Saudi Arabia. American firms are the dominant

manufacturers of stun belts. Explains Dennis Kaufman,

President of Stun Tech Inc, a US manufacturer of this

innovation: ''Electricity speaks every language known to

man. No translation necessary. Everybody is afraid of

electricity, and rightfully so.'' (Quoted by Amnesty

International).

The Omega Foundation and Amnesty claim that 49 US

companies are also major suppliers of mechanical

restraints, including leg-irons and thumbcuffs. But they

are not alone. Other suppliers are found in Germany (8),

France (5), China (3), Taiwan (3), South Africa (2), Spain

(2), the UK (2) and South Korea (1).

Not surprisingly, the Commerce Department doesn't keep

tab on this category of exports.

Nor is the money sloshing around negligible. Records

kept under the export control commodity number A985

show that Saudi Arabia alone spent in the United States

more than $1 million a year between 1997-2000 merely

on stun guns. Venezuela's bill for shock batons and such

reached $3.7 million in the same period. Other clients

included Hong Kong, Taiwan, Mexico and - surprisingly -

Bulgaria. Egypt's notoriously brutal services - already

well-equipped - spent a mere $40,000.

The United States is not the only culprit. The European

Commission, according to an Amnesty International

report titled "Stopping the Torture Trade" and published

in 2001:

"Gave a quality award to a Taiwanese electro-shock

baton, but when challenged could not cite evidence as to

independent safety tests for such a baton or whether

member states of the European Union (EU) had been

consulted. Most EU states have banned the use of such

weapons at home, but French and German companies are

still allowed to supply them to other countries".

Torture expertise is widely proffered by former soldiers,

agents of the security services made redundant, retired

policemen and even rogue medical doctors. China, Israel,

South Africa, France, Russia, the United kingdom and the

United States are founts of such useful knowledge and its

propagators.

How rooted torture is was revealed in September 1996

when the US Department of Defense admitted that

''intelligence training manuals'' were used in the Federally

sponsored School of the Americas - one of 150 such

facilities - between 1982 and 1991.The manuals, written

in Spanish and used to train thousands of Latin American

security agents, "advocated execution, torture, beatings

and blackmail", says Amnesty International.

Where there is demand there is supply. Rather than ignore

the discomfiting subject, governments would do well to

legalize and supervise it. Alan Dershowitz, a prominent

American criminal defense attorney, proposed, in an op-

ed article in the Los Angeles Times, published November

8, 2001, to legalize torture in extreme cases and to have

judges issue "torture warrants". This may be a radical

departure from the human rights tradition of the civilized

world. But dispensing export carefully reviewed licenses

for dual-use implements is a different matter altogether -

and long overdue.

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