I think a lot of this revolves around semantics. What precisely is “torture”? Some give it a broad definition, including the mildest of brainwashing techniques (which we are all subject to in some form during our daily lives, through advertising, corporate pep-talks and team-building, religious exhortations, and so on.) One could argue that keeping a human being confined to a cell, away from family and freedom, is torture, yet we consider that an acceptable punishment for wrong-doing.
My position is this: if there is clear and present danger, where it is certain to near-certain that our hypothetical terrorist has knowledge that could save many lives; prevent a disaster like the Towers; then go the full treatment with clever brainwashing, interesting drugs, and a full medical team monitoring the process, so he comes to no or minimal physical harm. Not only is that more humane, it’s likely to be more effective. Is is torture? Probably. Or possibly not; after all, there are people who choose similar experiences for a recreational weekend. For that matter, given a choice, I personally would probably prefer such an experience over lengthy prison confinement. Is it as bad as bamboo splinters under the nails or electrodes to tender body parts? Not in my book. It would still be the kind of decision that might leave me grinding my teeth in the middle of the night, and I’m glad I’m not the one that would have to make it. But if I had to, I’m pretty sure I would. I’m idealistic, I love our flawed but wonderful system of justice and protection of individual rights (because hideously flawed though it is in implementation, it is still the best that there is) but when it comes down to cases, perhaps there are no moral absolutes when survival is at stake. Perhaps that’s why we have judges and juries, instead of trying cases by rulebooks or computers. And that’s why, for extreme cases, exceptions are made and solutions are extreme.
One thing the “bring-out-the-rubber-hoses” crowd seems to be overlooking, is that torture involving physical pain is probably the least likely method that’s going to be effective. I despise what these guys have done, and the blind stupid cruel mind-set that allows them to blithely and self-righteously murder the innocent. But you’re kidding yourself if you think they’re physical cowards. Beatings and physical pain are just likely to seal their lips and cement their beliefs that they’re on the side of God and that much closer to glorious Paradise. On the other hand, suppose the right combination of meds plus sleep deprivation plus staged setting can convince him he’s in the presence of God and perhaps a few of those promised virgins; that might get him talking. And after it’s over, he wouldn’t be any the worse for wear, and all those lives would be saved. Yes, there would some extra tarnish on our ideals. Sometimes, that’s a necessary price.
I think that quote from Nietzsche applies nicely to this kind of moral dilemma:
“He who fights monsters should be careful lest he thereby becomes a monster. And if thou gaze long into the abyss, the abyss will also gaze into thee”
And yet, the monsters must be fought.