Every torture regime identifies a group or groups of people whom it is legally and/or morally permissible to torture. To the ancient Romans and Greeks, only slaves were legitimate targets. As Hannah Arendt has observed, the Greeks in particular considered the compulsion to speak under torture a terrible affront to the liberty of a free person.
The activity of identifying a group as an acceptable torture target simultaneously signals and confirms the non-human status of its members. In Pinochet’s Chile, torture targets were called “humanoids” to distinguish them from actual human beings. In other places they are called “cockroaches,” or “worms.” In Brazil’s military dictatorship, people living on city streets suffered fates worse than those of the pickled frogs dissected in high school labs. They were swept up and used to demonstrate torture techniques in classes for police cadets. They were practice dummies.
In the photographs taken at Abu Ghraib, we see naked men cowering like prey before snarling dogs. In one of the most famous, we see a man who has been assigned a dog’s status, on all fours, collared and led on a leash by the US Army Reservist Lynndie England. As theologian William Cavanaugh has observed, it becomes easier to believe that that torture victims are not people when we treat them like dogs. Furthermore, the very vileness of torture reinforces the vileness of the prisoner in the minds of the public. Surely a “good” government such as our own could only be driven to such extremes by a terrible, inhuman enemy.
Institutionalized abuses that were ordinary practice among slaveholders—whipping, shackling, branding and other mutilations—were both common and legal. Nor were such practices incidental to the institution of chattel slavery. Rather, they were central to slavery’s fundamental rationale: the belief that enslaved African beings were not entirely human. As would happen centuries later in the US “war on terror,” the practice of torture actually ratified the prevailing belief in Africans’ inferiority. For surely no true human being would accept such degradation. Equally surely, good Christians would only be moved to such beastly behavior because they were confronted by beasts.
Nor did state-sanctioned torture of African Americans end with emancipation. The institution of lynching continued from the end of the Civil War well into the 20th century, with a resurgence during the Civil Rights movement of the 1960s. Lynching, in addition to its culminating murder by hanging or burning, often involved whippings, and castration of male victims, prior to death. Lynching served the usual purpose of institutionalized state torture—that is, the establishment and maintenance of the power of white authorities over Black populations. In many places in this country, lynchings were treated as popular entertainment. They were not only permitted but encouraged by local officials, who often participated themselves. The practice even developed a collateral form of popular art: photographs of lynchings decorated many postcards printed in the early part of the 20th century.
US torture in the “war on terror” has displayed its own racial dynamic, although this may not be obvious at first glance. Those tortured in the conduct of this “war” are identified in the public imagination as a particular kind of terrorist. They are Muslims. Some efforts have been made in political rhetoric to distinguish “Islamists” and “Islamofascists” from ordinary “good Muslims,” but a relationship to Islam remains the key identifier. But isn’t “Muslim” a religious, rather than racial, category? Not for most Americans, for whom Islam is a mysterious and foreign force, associated with dark people from dark places. Like “Hindoo,” which was at one time a racial category for US census purposes, in the American mind, the term “Muslim” often conflates religion with race.
There is another important locus of institutionalized state torture in this country, and it, too, is a deeply racialized practice. Abuse and torture—including rape, sexual humiliation, beatings, prolonged exposure to extremes of heat and cold—are routine in US prisons. Many people are beginning to recognize that solitary confinement—presently suffered by at least 80,000 people in US prisons and immigrant detention centers—is also a profound, psychosis-inducing form of torture. Of the more than two million prisoners in the United States today, roughly 60 percent are people of color, while almost three-quarters of prison guards are white.
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