Is waterboarding torture, or is it merely a stressful psychological technique?
Interestingly, the United States has long since answered that question. Following the end of the Second World War we prosecuted a number of Japanese military and civilian officials for war crimes. including the torture of captured Allied personnel. At one of those trials, United States v. Sawada, here’s how Captain Chase Nielsen, a crew member in the 1942 Doolittle Raid on Japan, described his treatment, when he was captured, (and later tried for alleged war crimes by a Japanese military commission):
Q: What other physical treatment was administered to you at that time?
A: Well, I was given what they call the water cure.
Q: Explain to the Commission what that was.
A: Well, I was put on my back on the floor with my arms and legs stretched out, one guard holding each limb. The towel was wrapped around my face and put across my face and water was poured on. They poured water on this towel until I was almost unconscious from strangulation, then they would let me up until I'd get my breath, then they'd start over again.
Q: When you regained consciousness would they keep asking you questions?
A: Yes sir they did.
Q: How long did this treatment continue?
A: About twenty minutes.
Q: What was your sensation when they were pouring water on the towel, what did you physically feel?
A: Well, I felt more or less like I was drowning, just gasping between life and death.
The prosecutor in that case was vehement in arguing that the captured Doolittle fliers had been wrongfully convicted by the Japanese tribunal, in part because they were convicted based on evidence obtained through torture. "The untrustworthiness of any admissions or confessions made under torture," he said, "would clearly vitiate a conviction based thereon."