The definition of torture has lost all meaning. The memos relied on the caveat the US applied to the CAT treaty that stated that torture must cause severe pain and long term injury OR long term mental damage. None of the 3 endured any aspect of those conditions.
I don't mean to condescend, but I can only conclude you haven't bothered reading sources other than pro-torture commentators (you know, like the ICRC report, the memos themselves, analyses in papers you disagree with). Here, from
the ICRC report, regarding Zubaydah:
I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress.
More from the Danner article on the ICRC:
Crawford, who had been
appointed by the Bush administration to decide which Guantánamo detainees should be tried before military commissions, declined to refer to trial Mohammed al-Qahtani, who was to have been among the September 11 hijackers but who had been turned back by immigration officials at Orlando International Airport. After he was captured in Afghanistan in late 2002, Qahtani was imprisoned in Guantánamo and interrogated by Department of Defense intelligence officers. Crawford,
a retired judge and former general counsel of the army, told TheWashington Post that she had concluded that Qahtani's "treatment
met the legal definition of torture."
The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent....
You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive.[14]
Qahtani's interrogation at Guantánamo, accounts of which have appeared in Time and The Washington Post, was intense and prolonged, stretching for fifty consecutive days beginning in the late fall of 2002, and
led to his hospitalization on at least two occasions
And
here's what happened to Padilla:
One of Mr. Padilla’s lawyers, Orlando do Campo, said that Mr. Padilla was a “completely docile” prisoner. “There was not one disciplinary problem with Jose ever, not one citation, Padillachained not one act of disobedience,” said Mr. do Campo, who is a lawyer at the Miami federal public defender’s office. In his affidavit, Mr. Patel said, “I was told by members of the brig staff that Mr. Padilla’s temperament was so docile and inactive that his behavior was like that of ‘a piece of furniture.’ ...
Dr. Angela Hegarty, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, N.Y., who examined Mr. Padilla for a total of 22 hours in June and September, said in an affidavit filed Friday that he “lacks the capacity to assist in his own defense.”
“It is my opinion that as the result of his experiences during his detention and interrogation, Mr. Padilla does not appreciate the nature and consequences of the proceedings against him, is unable to render assistance to counsel, and has impairments in reasoning as the result of a mental illness, i.e., post-traumatic stress disorder, complicated by the neuropsychiatric effects of prolonged isolation,” Dr. Hegarty said in an affidavit for the defense.
Qahtani:
At the end of months of sleep deprivation and other forms of torture, Qahtani, according to an FBI letter, "was evidencing behavior consistent with extreme psychological trauma (talking to non existent people, reporting hearing voices, crouching in a cell covered with a sheet for hours on end)."
Here's
an account from Gitmo:
Last December, documents obtained by the A.C.L.U. also cited an F.B.I. agent at Guantánamo Bay who observed that ''on a couple of occasions, I entered interview rooms to find a detainee chained hand and foot in a fetal position to the floor, with no chair, food or water. Most times they had urinated or defecated on themselves, and had been left there for 18 to 24 hours or more.'' In one case, he added, ''the detainee was almost unconscious on the floor, with a pile of hair next to him. He had apparently been literally pulling his own hair out throughout the night.''
Look, I understand you support the torture policy and believe that it serves the interest of America. You shouldn't feel the need to pretend that what you're supporting
isn't torture however.
The empirical evidence is here. Beyond the detainee deaths, the hospitalizations, there's hard proof that the detainees suffered long-term psychological issues.
Remember the definition: "severe mental or physical pain or suffering".
Do you claim - having read the accounts I've listed above - that the cumulative effect of all torture methods employed does not at least rise to the level of "severe mental pain or suffering"?
If so, by what authority? Please cite what you can.