by Carla Sutherland

Created on: June 03, 2008

Is torture punishment? According to US Supreme Court Justice Antonin Scalia, torture is not punishment and so it isn't illegal. Here is an excerpt of his comments during an interview with Lesley Stahl on 60 Minutes:

Justice Scalia: I don't like torture. I'malthough defining it is going to be a nice trick. But, I mean, who's in favor of it? Nobody. And we have a law against torture. But if theeverything that is hateful and odious is not covered by some provision of the Constitution.

Lesley Stahl: If someone's in custody, as in Abu Ghraib, and they are brutalized by a law enforcement person, if you listen to the expression, cruel and unusual punishment,' doesn't that apply?

Justice Scalia: "No, no."

Stahl: "Cruel and unusual punishment?"

Justice Scalia: "To the contrary. You thinkyou think that you wouldhas anybody ever referred to torture as punishment? I don't think so."

Stahl: "Well, I think if you're in custody and you have a policeman who's taken you into custody"

Justice Scalia: "And you say he's punishing you?"

Stahl: "Sure."

Justice Scalia: "What's he punishing you for? You punish somebody"

Stahl: "Well, because he assumes you, one, either committed a crime"

Justice Scalia: "No, no."

Stahl: "or that you know something that he wants to know."

Justice Scalia: "It's the latter. And when he'swhen he'swhen he's hurting you in order to get information from you"

Stahl: "Yeah."

Justice Scalia: "you don't say he's punishing you. What's he punishing you for? He's trying to extract"

Stahl: "Because he thinks you're a terrorist, and he's going to beat the you-know-what out of you."

Justice Scalia: "Anyway, that's my view. And it happens to be correct."

Is this the view of the Bush Administration? That because those people caught in their prisons and secret prisons aren't charged with any crime, torturing them doesn't fall under 'cruel and unusual or inhumane punishment'? Regardless of whether or not someone is charged with a crime, torturing them is punishment and it's illegal.

If someone, anyone, including those in the Bush Administration, was kidnapped and then tortured, would they consider that illegal? Or would they let the kidnappers go free with little charges because they didn't do any cruel or unusual punishment to their victim?

It's very shady territory that these people have walked into and I believe that some day, it will get them in the end. No matter how much they think that their positions of power will keep them safe, I can say that it won't. War crimes are hard to hide from.

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