Basil Fernando Torture and a Failed State

First, I’m interested in examples of torture actually working. Meaning information was provided that we wouldn’t have otherwise obtained and it led to life-saving action. For the rest of my post I’m interested in Basil Fernando’s analysis of torture in Asia. I feel that several examples of hers amply to the United States. More importantly the larger diagnosis of institutionalized problems is ideal for discussing problems in the United States.

Fernando’s understanding of the use/overuse of torture in Asia is that it is symptomatic of larger institutionalized issues. This analysis applies equally well to the US, albeit with different details. Fernando uses the example of extra-judicial killing as a sign of failing judicial system. This reminds me of the killing of Eric Garner, Michael Brown, Kajieme Powell and others. Another thing Fernando mentions is the lack of genuine legal proceedings for those who make it from the police to the judicial system. I hear this referred to as fair and speedy trial. Fernando notes how some countries it can take years to reach a decision in a trial. In the United States my concern is that the majority of people facing charges never stand trial. Some sort of plea bargain is taken. This is a dramatic failure of the judicial system. These are serious shortcomings that indicate systemic problems within our own systems of justice. Before we can confront the ethical problems with serious action, we must look at and change our penal system, policing and rule of law.