Torture is any act by which severe pain, whether physical or psychological, is intentionally inflicted on a person as a means of intimidation, deterrence, revenge, punishment, or information gathering. It can be used as an interrogation tactic to extract confessions. Torture is also used as a method of coercion or as a tool to control groups seen as a threat by governments. Throughout history, it has often been used as a method of effecting religious conversion or political "re-education". Torture is almost universally considered to be an extreme violation of human rights, as stated by the Universal Declaration of Human Rights. Signatories of the Third Geneva Convention and Fourth Geneva Convention agree not to torture protected persons (enemy civilians and POWs) in armed conflicts, and signatories of the UN Convention Against Torture agree not to intentionally inflict severe pain or suffering on anyone, to obtain information or a confession, to punish them, or to coerce them or a third person. These conventions and agreements notwithstanding, it is estimated by organizations such as Amnesty International that around two out of three countries do not consistently abide by the spirit of such treaties.
Since that time the use of torture has been regulated by a number of international treaties, of which the two major ones are the United Nations Convention Against Torture and the Geneva Conventions.
There are several points which should be noted:
At the moment this treaty has been signed by about half the countries in the world.
The third(GCIII) and fourth(GCIV) Geneva Conventions are the two most relevant for the treatment of the victims of conflicts. Both treaties state in their similarly worded article 3 that in a non-international armed conflict that "Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms... shall in all circumstances be treated humanely and that there must not be any "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture." or "outrages upon personal dignity, in particular humiliating and degrading treatment".
Under GCIV most enemy civilians in an international armed conflict will be "Protected Persons" under the meaning of GCIV, (see exemptions section immediately after this for those who are not). Under article 32, protected persons have the right to protection from "murder, torture, corporal punishments, mutilation and medical or scientific experiments...but also to any other measures of brutality whether applied by non-combatant or military agents."
The treatment of prisoners of war (POWs) in an international armed conflict is covered by GCIII. In particular article 17 states that "No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted or exposed to unpleasant or disadvantageous treatment of any kind.".
GCIII POW status has far fewer exemptions than "Protected Person" status under GCIV. If a person is an enemy combatant in an international armed conflict, then they will have the protection of GCIII and be entitled to be regarded as POWs under GCIII unless they are an unlawful combatant. If there is a question of whether the combatant is an unlawful combatant, they must be treated as POW's "until their status has been determined by a competent tribunal" (GCIII article 5). If the tribunal decides that they are an unlawful combatant, and they are a Protected Person under GCIV, they will still have the some protections under GCIV Article 5. They must be "treated with humanity and, in case of trial war crimes, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention".
A person, who is found guilty of war crimes in an international armed conflict, or is not protected by GCIV because of some other exemption, is no longer protected by the Geneva Conventions.
There are two further groups who are not protected by GCIV:
In a conflict like the U.S. War on Terrorism many unlawful combatants have been denied protection under the Geneva Conventions, because they are either excluded by their nationality (see below), or they are deemed to be so dangerous that Article 5 can be invoked, or because they do not fit the textual description of a lawful combatant (are not members of the armed forces of a Party, do not have uniforms, do not display a "fixed distinctive sign recognisable at a distance").
Protocol I does not explicitly mention torture but it does clarify one or two points which effect the treatment of POWs and Protected Persons. The first is that it explicitly involves "the appointment of Protecting Powers and of their substitute" to monitor that the Conventions are being enforced by the Parties to the conflict. It also broadens the definition of a lawful combatant in occupied territory to include those who carry arms openly but are not wearing uniforms, so that they are now lawful combatants and protected by the Geneva Conventions. It also defines who is a mercenary, and implicitly an unlawful combatant, and not protected by the same conventions.
Protocol II "develops and supplements Article 3 to the protection of victims of non-international armed conflicts common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application" . It states in Article 4.a "Violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;", Article 4.b "Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;" and Article 4.h "Threats to commit any of the foregoing acts". There are other clauses in other articles which entreat humane treatment of enemy personnel in an internal conflict, which have a bearing on the use of torture, but there are no other clauses which explicitly mentions torture.
In 1978 the European Court of Human Rights ruled that the five techniques of "sensory deprivation" were not torture but were "inhuman or degrading treatment". See Accusations of use of torture by United Kingdom for details. This case was 9 years before the UNCAT came into force and had an influence on States thinking about what constitutes torture ever since.
The International Covenant on Civil and Political Rights also explicitly prohibts torture and "cruel, inhuman or degrading treatment or punishment".
The UN Standard Minimum Rules for the Treatment of Prisoners states "corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences."
The Istanbul Protocol, an official UN document, is the first set of international guidelines for documentation of torture and its consequences. It became a United Nations official document in 1999.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) "shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment." as stipulated in Article 1 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or PunishmentEuropean Committee for the Prevention of Torture (CPT)
Human rights organizations, such as Amnesty International, the Association for the Prevention of Torture * are actively involved in working to stop the use of torture throughout the world and publish reports on any activities they consider to be torture.
To prevent torture, many legal systems have a right against self-incrimination or explicitly prohibit undue force when dealing with suspects.
Torture was abolished in England about 1640 (except peine forte et dure which was only abolished in 1772), in Scotland in 1708, in Prussia in 1740, in Denmark around 1770, in Russia in 1801.History of the Christian Church, Volume IV: Mediaeval Christianity. A.D. 590-1073. Chapter VI. Morals And Religion: Page 80:The Torture by Schaff, Philip (1819-1893)Hutchinson's Encyclopaedia: Torture
The French 1789 Declaration of the Rights of Man and of the Citizen, of constitutional value, prohibits submitting suspects to any hardship not necessary to secure his person. Statute law explicitly makes torture a crime. In addition, statute law prohibits the police or justice from interrogating suspects under oath.
The United States includes this protection in the fifth amendment to its constitution, which in turn serves as the basis of the Miranda warning that is issued to individuals upon their arrest. Additionally, the US Constitution's eighth amendment expressly forbids the use of "cruel and unusual punishments", which is widely interpreted as a prohibition of the use of torture.
Ancient and medieval philosophers–notably, Aristotle and Francis Bacon–were staunch champions of the utility of carefully monitored torture to the justice system.
In much of Europe, medieval and early modern courts freely inflicted torture, depending on the accused's crime and the social status of the suspect. Torture was seen as a legitimate means for justice to extract confessions, or obtain the names of accomplices or other information about the crime. Often, defendants sentenced to death would be tortured prior to execution, so as to have a last chance that they disclose the names of their accomplices. Torture in the Medieval Inquisition was used starting in 1252 although its use in Catholic countries was putatively forbidden by papal bull in 1816. Within that time frame, men of considerable means delighted in building their own torture chambers, quite literally kidnapping innocent citizens of low birth off the streets and subjecting them to procedures of their own invention, taking careful notes as to what techniques were more or less effective, and which body parts more or less receptive thereto.
In the Middle Ages especially and up into the 18th century, torture was considered a legitimate way to obtain testimonies and confessions from suspects for use in judicial inquiries and trials. While, in some instances, the secular courts were known for rather more ferocious treatment than the religious, Will and Ariel Durant argued in The Age of Faith that many of the most vicious procedures were inflicted, not upon stubborn prisoners by governments, but upon pious heretics by even more pious friars. For example, the Dominicans gained a reputation as some of the most fearsomely creative torturers in medieval Spain. Many of the victims of the Spanish Inquisition did not know (and were not informed) that, had they just confessed as required, they might have faced penalties no more severe than mild penance; confiscation of property; even, perhaps, a few strokes of the whip. They thus ended up exposing themselves to torture. Many were perhaps clinging to "the principle of the thing", however noble (or foolhardy) that may be when faced with torture.
One of the most common forms of medieval inquisition torture was known as strappado. The hands were bound behind the back with a rope, and the accused was suspended this way, dislocating the joints painfully in both arms. Weights could be added to the legs dislocating those joints as well. Other torture methods could include the rack (stretching the victim’s joints to breaking point), the thumbscrew, the boot (some versions of which crushed the calf, ankle, and heel between vertically positioned boards, while others tortured the instep and toes between horizontally oriented plates), water (massive quantities of water forcibly ingested–or even mixed with urine, pepper, diarrhea, etc., for additional persuasiveness), and red-hot pincers (typically applied to fingers, toes, ears, noses and nipples, although one tubular version "crocodile shears" was specially devised for application to the penis in cases of regicide), although it was technically against church policy to mutilate a person's body. If stronger methods were needed, or death, the person was handed over to the secular authorities who were not bound by any restrictions.
In 1613 Anton Praetorius described the situation of the prisoners in the dungeons in his book "Gründlicher Bericht über Zauberei und Zauberer" (Thorough Report about Sorcery and Sorcerers). He was one of the first to protest against all means of torture.
Torture remains a frequent method of repression in totalitarian regimes, terrorist organizations, and organized crime as well as in the war on terror. In authoritarian regimes, torture is often used to extract confessions from political dissenters, so that they admit to being spies or conspirators, probably manipulated by some foreign country. Most notably, such a dynamic of forced confessions marked the justice system of the Soviet Union (thoroughly described in Aleksandr Solzhenitsyn's Gulag Archipelago).
Some Western democratic governments have resorted to torture, or acts of cruel, inhuman or degrading treatment, of people thought to possess information perceived to be vital for national security which can not be obtained quickly by other methods. A recent example is Guantanamo Bay detainment camp of the US government where detainees are under extreme coercive methods (that include sensory deprivation, sexual and religious humiliation etc.). Although perhaps it is an extremely mild example relative to historical methods of torture, the U.S. interrogation practices at Guantanamo have been identified as "torture" by the International Committee of the Red Cross (2004), the U.N. Commission on Human Rights (2006), and by nongovernmental organizations such as Amnesty International and Human Rights Watch.
Many countries find it expedient from time to time to use techniques of a kind used in torture; at the same time few wish to be described as doing so, either to their own citizens or international bodies. So a variety of devices are used to bridge this gap, including state denial, "secret police", "need to know", denial that given treatments are tortuous in nature, appeal to various laws (national or international), use of jurisdictional argument, claim of "overriding need", and so on. Torture has been a tool of many states throughout history and for many states it remains so (unofficially and when expedient and desired) today.
Despite worldwide condemnation and the existence of treaty provisions that forbid it, torture is still practiced in two thirds of the world's nations. New York Times, Sunday, May 23, 2004 This link needs fixing. See the references in this link. This could be one of two articles..
Images of the body of Muzafar Avazov, an Uzbekistan man apparently killed by torture in 2002, as an example of the effect of torture on a human body, can be found in that article.
Some medieval techniques of torture remain in wide use today. For example, tearing out the nails of the fingers and toes with pliers—sometimes after first driving sharp needles into the extremely tender flesh underneath—remains is common use. Slowly roasting the soles of the bare feet over hot coals was updated by the Russian KGB by using the flat, hot surface of an everyday clothes iron. Methods of confinement that take advantage of modern medical knowledge are also quite common. The prisoner—suitably bound to deter the expected range of reactive motion—may be connected to an electrical apparatus, where wires are wound around his fingers and toes and an electric probe is used to deliver current to his genitals. A signal generator and attached voltmeter precisely control the intensity of the pain so inflicted. Modern torturers also avail themselves of pharmacological techniques that were unavailable in the past: an example is the injection of drugs that heighten the human brain's perception of, and reaction to, pain before any physical torture is actually employed.
The accusations did not lead to any investigation by his employer, the Foreign and Commonwealth Office, and he resigned after disciplinary action was taken against him in 2004. No misconduct by him was proven. The Foreign and Commonwealth Office itself is being investigated by the National Audit Office because of accusations of victimisation, bullying and intimidating its own staff "Foreign Office faces probe into 'manipulation'" by Robert Winnett, The Sunday Times 20 March 2005.
Murray later stated that he felt that he had unwittingly stumbled upon what has elsewhere been called "torture by proxy"Q & A: Torture by Proxy Jane Mayer answers question asked by Amy Davidson The New Yorker on 14 February 2005 and with the euphemism of "extraordinary rendition". He thought that Western countries moved people to regimes and nations where it was known that information would be extracted by torture, and made available to them. This he alleged was a circumvention and violation of any agreement to abide by international treaties against torture. If it was true that a country was doing this and it had signed the UN Convention Against Torture then that country would be in specific breach of Article 3 of that convention.
In 2002, a Canadian citizen, Maher Arar, was transiting through JFK Airport from Tunisia when he was intercepted by US Immigration officials, and promptly sent to his native Syria, to be interrogated under torture for a duration of one year.
The term "torture by proxy" can, by logical extension, refer to the application of torture to persons other than the one from whom information or compliance is demanded. The ancient Assyrians, for example, specialized in brutally torturing children—flaying or roasting them alive, perhaps—before their parents' very eyes to wrest cooperation from the parents.
The purpose of torture is often as much to force acquiescence on an enemy, or destroy a person psychologically from within, as it is to gain information, and its effects endure long after the torture itself has ended. In this sense torture is often described by survivors as "never ending". See Psychology of torture to study the psychological effects associated with torture.
Since torture is in general not accepted in modern times, professional torturers in some countries tend to use techniques such as electrical shock, asphyxiation, heat, cold, noise, and sleep deprivation which leave little evidence, although in other contexts torture frequently results in horrific mutilation or death. Evidence of torture also comes from the testimony of witnesses.
At times, medicine and medical practitioners have been drawn into the ranks of torturers, either to judge what victims can endure, to apply treatments which will enhance torture, or as torturers in their own right. An infamous example of the latter is Dr. Josef Mengele, known then by inmates of Auschwitz as the "Angel of Death".
Torture murder is a term given to the commission of torture by an individual or small group, as part of a sadistic or murderous agenda. Such murderers are often serial killers, who kill their victims by slowly torturing them to death over a prolonged period of time, and is usually preceded by a kidnapping where the killer will take the victim hostage, and take him/her to a secluded or isolated location.
Torture is often difficult to prove, particularly when some time has passed between the event and a medical examination. Many torturers around the world use methods designed to have a maximum psychological impact while leaving only minimal physical traces. Medical and Human Rights Organizations worldwide have collaborated to produce the Istanbul Protocol, a document designed to outline common torture methods, consequences of torture and medico-legal examination techniques. Typically deaths due to torture are shown in autopsy as being due to "natural causes" {http://action.aclu.org/torturefoia/released/102405/] like heart attack, inflammation or embolism due to extreme stress.
For survivors, torture often leads to lasting mental and physical health problems.
Physical problems can be wide-ranging, e.g. sexually transmitted diseases, musculo-skeletal problems, brain injury, post-traumatic epilepsy and dementia or chronic pain syndromes.
Mental health problems are equally wide-ranging; common are post-traumatic stress disorder, depression and anxiety disorder.
Treatment of torture-related medical problems might require a wide range of expertise and often specialized experience. Common treatments are psychotropic medication, e.g. SSRI antidepressants, counseling, Cognitive Behavioural Therapy, family systems therapy and physiotherapy.
Main article, see Psychology of torture for psychological impact, and aftermath, of torture.
Torture does not require complex equipment. Several methods need little or no equipment and can even be improvised from innocuous household or kitchen equipment. Methods such as consumption by wild animals (antiquity), impalement (Middle Ages) or confinement in iron boxes in the tropical sun (World War II Asia), are examples of other methods which required little more than readily available items.
Irritating chemicals or products may be inserted into the rectum or vagina, or applied on the external genitalia. Cases of women being punished for adultery by having hot peppers inserted into their vaginas were reported in India. Similar means were used in many instances in African strife.
Horror fiction often includes torture.
The horror movie Hostel shows a criminal organization running a torture center. The victims are kidnapped. "Customers" pay to torture them to death, using the facilities of the torture center.
Citizens under the totalitarian regime in the novel (and movie adaptations of) "1984" are threatened with torture for dissent. The main character Winston is subjected to a process wherein hungry rats in a cage are strapped to his face. Torture is used to similar effect in the movie Brazil
In A Clockwork Orange, Anthony Burgess examines the ethics of the state to use psychological "re-education" to remove the tendency to violence from members of society, and poses the question even if this were possible would it be desirable?
In the Video game series Metal Gear Solid, Revolver Ocelot, one of the main antagonists, is particularly fond of torture. He considers it the ultimate form of expression.
The four volume Book of the New Sun by Gene Wolfe dealt with the wanderings of a professional torturer.
Rather paradoxically the term is also commonly used in BDSM, where similar methods to inflict pain and/or humiliation are used, though generally in mitigated form, as games, i.e. for the inverse purpose of giving the 'players' sexual and/or fetish pleasure from inflicting and/or enduring the 'torturous' discipline. This is even true for techniques such as genitorture, which can only be used in a virtual parody since the real thing implies unacceptable medical risks.
The root word of torture is 'to twist'. It means to apply torque, to turn abnormally, to distort, or to strain.
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