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Water torture always illegal

18 February 2008, 12:53PM

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© David Herthnek

Whether or not President Bush vetoes legislation outlawing waterboarding will not alter the fact that water torture was illegal when it was used by the CIA in 2002 and 2003 and is illegal today, said Amnesty International following the U.S. president's confirmation that he intends to veto a Senate bill passed this week.

"We call on President Bush not to veto this bill and to ensure full accountability for all acts of torture and other ill-treatment by U.S. personnel in the 'war on terror'," said Susan Lee, director of the Americas Program at Amnesty International.

In a BBC interview Thursday night, President Bush said that whatever U.S. intelligence agencies did would be legal, but justified the means of obtaining information if attacks were prevented. He suggested that Congress was "imposing a set of standards" on interrogators that"our people think will be ineffective".

"President Bush cannot have it both ways: he cannot claim to respect the rule of law but reserve the right for interrogators to adopt methods that clearly violate international law in a program of secret detention which flies in the face of his Government's legal obligations," said Susan Lee.

In recent days, U.S. officials have stated that "waterboarding" – simulated drowning – could be re-authorised and used in the CIA's program if the "circumstances" required it and if approved by the US President and Attorney General.

"No-one, not even a President, can authorise torture. Anyone who orders, condones or carries out torture exposes themselves to criminal liability under international law."

Further information

Impunity and injustice in the ‘war on terror’

ABC's Lateline: CIA admits to using torture on detainees

Lateline speaks to Amnesty International Australia's Torture and Terror campaign coordinator Katie Wood.

Video: approximately 2 minutes.

© ABC used with permission

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