Anthony Lewis: Guantánamo's Long Shadow

When Vice President Dick Cheney said last week that detainees at the American prison camp in Guantánamo Bay, Cuba, were treated better than they would be "by virtually any other government on the face of the earth," he was carrying on what has become a campaign to whitewash the record of abuses at Guantánamo.

Right-wing commentators have been sounding the theme. Columnist Charles Krauthammer said the treatment of the Guantánamo prisoners had been "remarkably humane and tolerant."...

...Agents of the Federal Bureau of Investigation observed what went on in Guantánamo. One reported on July 29, 2004: "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, 24 hours or more."

Time magazine published an extended article last week on an official log of interrogations of one Guantánamo detainee over 50 days from November 2002 to January 2003. The detainee was Mohamed al-Kahtani, a Saudi who is suspected of being the planned 20th hijacker on Sept. 11, 2001, but who was unable to enter the United States...

...F.B.I. agents, reporting earlier on the treatment of Mr. Kahtani, said a dog was used "in an aggressive manner to intimidate" him. At one point, according to the log, Mr. Kahtani's interrogator told him that he needed to learn, like a dog, to show respect: "Began teaching detainee lessons such as stay, come and bark to elevate his social status to that of a dog. Detainee became very agitated."

At a minimum, the treatment of Mr. Kahtani was an exercise in degradation and humiliation. Such treatment is forbidden by three sources of law that the United States respected for decades - until the administration of George W. Bush.

The Geneva Conventions, which protect people captured in conflict, prohibit "outrages upon personal dignity, in particular, humiliating and degrading treatment." The scope of that clause's legal obligation has been debated, but previous American governments abided by it. President Bush decided that the Geneva Conventions did not apply to the suspected Al Qaeda and Taliban members who are detained at Guantánamo.

The United Nations Convention Against Torture, also ratified by the United States, requires signatories to "prevent in any territory under its jurisdiction ... cruel, inhuman or degrading treatment." The Bush administration declared that this provision did not apply to the treatment of non-Americans held outside the United States...

...Since the widespread outrage over the photographs from Abu Ghraib prison in Iraq, Americans have seemingly ceased to care. It was reported yesterday that Lt. Gen. Ricardo S. Sanchez, the former American commander in Iraq during the Abu Ghraib scandal, is being considered for promotion. Many people would say the mistreatment of Mohamed al-Kahtani, or of suspects who might well be innocent, is justified in a war with terrorists. Morality is outweighed by necessity.

The moral cost is not so easily put aside. We Americans have a sense of ourselves as a moral people. We have led the way in the fight for human rights in the world. Mistreating prisoners makes the world see our moral claims as hypocrisy.

Beyond morality, there is the essential role of law in a democracy, especially in American democracy. This country has no ancient mythology to hold it together, no kings or queens. We have had the law to revere. No government, we tell ourselves, is above the law.

Over many years the United States has worked to persuade and compel governments around the world to abide by the rules. By spurning our own rules, we put that effort at risk. What Justice Louis Brandeis said about law at home applies internationally as well: "If the government becomes a law-breaker, it breeds contempt for law."