At the end of a secluded cul-de-sac, in a fast-growing Virginia suburb favored by employees of the Central Intelligence Agency, is a handsome replica of an old-fashioned farmhouse, with a white-railed front porch. The large back yard has a swimming pool, which, on a recent October afternoon, was neatly covered. In the driveway were two cars, a late-model truck, and an all-terrain vehicle. The sole discordant note was struck by a faded American flag on the porch; instead of fluttering in the autumn breeze, it was folded on a heap of old Christmas ornaments.

The house belongs to Mark Swanner, a forty-six-year-old C.I.A. officer who has performed interrogations and polygraph tests for the agency, which has employed him at least since the nineteen-nineties. (He is not a covert operative.) Two years ago, at Abu Ghraib prison, outside Baghdad, an Iraqi prisoner in Swanner’s custody, Manadel al-Jamadi, died during an interrogation. His head had been covered with a plastic bag, and he was shackled in a crucifixion-like pose that inhibited his ability to breathe; according to forensic pathologists who have examined the case, he asphyxiated. In a subsequent internal investigation, United States government authorities classified Jamadi’s death as a “homicide,” meaning that it resulted from unnatural causes. Swanner has not been charged with a crime and continues to work for the agency.

After September 11th, the Justice Department fashioned secret legal guidelines that appear to indemnify C.I.A. officials who perform aggressive, even violent interrogations outside the United States. Techniques such as waterboarding—the near-drowning of a suspect—have been implicitly authorized by an Administration that feels that such methods may be necessary to win the war on terrorism. (In 2001, Vice-President Dick Cheney, in an interview on “Meet the Press,” said that the government might have to go to “the dark side” in handling terrorist suspects, adding, “It’s going to be vital for us to use any means at our disposal.”) The harsh treatment of Jamadi and other prisoners in C.I.A. custody, however, has inspired an emotional debate in Washington, raising questions about what limits should be placed on agency officials who interrogate foreign terrorist suspects outside U.S. territory.

This fall, in response to the exposure of widespread prisoner abuse at American detention facilities abroad—among them Abu Ghraib; Guantánamo Bay, in Cuba; and Bagram Air Base, in Afghanistan—John McCain, the Republican senator from Arizona, introduced a bill in Congress that would require Americans holding prisoners abroad to follow the same standards of humane treatment required at home by the U.S. Constitution. Prisoners must not be brutalized, the bill states, regardless of their “nationality or physical location.” On October 5th, in a rebuke to President Bush, who strongly opposed McCain’s proposal, the Senate voted 90–9 in favor of it.

and this:

Habibullah, was captured in November 2002. He was locked in an isolation cell with his hands shackled to the wire ceiling over his head. The report describes how he was literally kicked to death over several days.

The guards found him "uncooperative", and he was given multiple "peroneal strikes" - a disabling blow to the leg just above the knee. "That was kind of like an accepted thing; you could knee somebody in the leg," former Sgt Thomas Curtis told investigators.

A lawyer for one of the guards who kneed Habibullah in this fashion told US investigators: "My client was acting consistently with the standard operating procedure that was in place at the Bagram facility."

When Habibullah started coughing up phlegm and complaining of chest pains, the guards laughed at him. Eventually his dead body was found hanging from the handcuffs that still chained him to the ceiling. A post-mortem examination found that he was probably killed by a blood clot, caused by the leg injuries, which travelled to his heart and blocked the blood supply to his lungs.

Dilawar, a taxi driver, was detained in December 2002 as he drove past a US base that had earlier come under rocket attack. Passengers he had picked up were carrying suspicious items.

Spc Corey Jones, an interrogator, told investigators that Dilawar spat in his face. He responded with a couple of knee strikes.

"He screamed out, 'Allah! Allah! Allah!' and my first reaction was that he was crying out to his God," Spc Jones said. "Everybody heard him cry out and thought it was funny." The report says it became a running joke and prison guards kicked Dilawar just to hear him scream "Allah". "It went on over a 24-hour period, and I would think that it was over 100 strikes," he said.

During an interrogation, the severely injured Dilawar begged a translator to get him a doctor. The translator says he told the interrogators, but one replied: "He's OK. He's just trying to get out of his restraints."

An autopsy found that Dilawar died of heart failure caused by "blunt force injuries to the lower extremities". The coroner, Lieutenant-Colonel Elizabeth Rouse, told a pre-trial hearing that his legs "had basically been pulpified ... I've seen similar injuries in an individual run over by a bus."

So, let's stop playing games. Is it okay to beat people to death, or isn't it?