I would be thankful for someone who decided to break the law to save my life, but I would not want his actions to be legal.
If there's a ticking time bomb scenario, and you have apprehended an assailant who very likely has knowledge that could be used to prevent the scenario from occurring, if it does not seem like this information will be gathered from him or her by the time that time bomb stops ticking, then torture is justified.
People who do not recognize this to be the case are allowing their ideals to get in the way of pragmatic necessity.
How stupid an ideal must be that says, "One must never torture somebody, even if doing so could save a million lives."
Given that so many crimes are committed (and remain unsolved) in America every year, why would we not waterboard all suspects to facilitate quick justice? Surely waterboarding could be justified for this purpose. Terrorists frequently end up dead or imprisoned, but many criminals in our own cities run free. Why not use this powerful tool of justice? Why do we allow crime to persist? Why do we refrain? Why would anyone oppose this if not for their blatant disregard for justice?
There was a famous case in Germany a few years ago. A guy kidnapped a banker's 11 year old son. The police managed to arrest the kidnapper who refused to say where the kidnapped kid was. The Chief of Police feared for the boy's life and instructed a police officer to threaten the kidnapper with physical violence. The officer threatened the man with "pain as you have never experienced it before" but didn't actually touch him. The kidnapper talked and told them the location of the boy. When they found him he was already dead (which the kidnapper had known at the time he gave away the location).
The Chief of Police made a reference in the log book about the event and basically denounced himself which lead to a trial against him and the other police officer. The court found both of them guilty and they had to pay a fine.
Mind you, they didn't torture, only threaten to do so.
This lead to a widespread public debate about the already mentioned ticking bomb scenario.
My position:
1. Human rights - if they are to deserve that name - are universal and unalienable. That means that even a child raping mass murderer has them and never loses them. The right to physical integrity is one of them. (By the way, you can also deduct my position on death penalty from that)
2. There might be a situation when you have to balance one human life against the other or at least one person's right to integrity against the other. An individual thrown into such a situation has to make a decision he or she can live with. However, a state can not codify this, that would basically mean legalizing a breach of law. Does not compute. Once the decision is made, that individual has to carry the consequences. If they saved thousands of lives the court might take that into consideration, but more importantly...what is a few months in jail or paying a fine compared to all those lives you saved? After all, if it is worth torturing and potentially killing another fellow human being (who has the same rights as everybody else) over it, it should be worth accepting the consequences of your violation of his rights. Show some coherence.
3. There is a risk of an open door effect. Once it is allowed to torture suspects, it is up to the individual law enforcer to decide when use that possibility. Where do they stop and who controls them? Where do you draw the line?
4. As for the us versus them mentality, I tend to agree with House:
[YOUTUBE="http://www.youtube.com/watch?v=RL6I7bMsbu4"]House on patriotism[/YOUTUBE]
5. Oh, and on liberty and the Western way of life and all that stuff we have to defend against terrorists.... It may sound cynical, but I would rather live in a country where a few people get killed every year by terrorist attacks (still fewer than by traffic accudents or medical malpractise) than in a country that reads my mail, tortures my Iranian neighbors and supresses the very freedoms it is supposed to defend. Whoever came up with that slogan "freedom isn't free" obviously didn't take theirn semantics too seriously.
