Human Rights – torture

What is torture?

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 ("the convention") provides us with the definition:

"any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

(Article 1 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984)

Article 2(2) goes on to say:

No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture.

(Article 2(2) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984)

"No exceptional circumstances whatsoever…" makes it very clear that the right not to be tortured or suffer other cruel, inhuman or degrading treatment or punishment is an absolute right. (See previous post). Again note: just because it is an absolute right does not mean that it never happens! Call it what you like, many of the "enhanced interrogation techniques" of the USA is torture.

As can be seen, the definition of torture is broad and covers a wide range of "treatments". Forms of ill-treatment which have been found to amount to torture, either alone or in combination with other forms of treatment, include:

• Falaka/falanga: beatings on the soles of the feet
• Palestinian hanging: suspension by the arms while these are tied behind the back
• Severe forms of beatings
• Electric shocks
• Rape
• Mock executions
• Being buried alive
• Mock amputations

There are, however, also many ‘grey areas’ which do not clearly amount to torture, or about which there is still disagreement, but which are of great concern to the international community. Examples include:

• Corporal punishment imposed as a judicial penalty
• Some forms of capital punishment and the death-row phenomenon
• Solitary confinement
• Certain aspects of poor prison conditions, particularly if combined
• Disappearances, including their effect on the close relatives of the disappeared person
• Treatment inflicted on a child which might not be considered torture if inflicted on an adult

(Giffard, 2000, pp. 13–14)

(c) The Open University

The prohibition of torture impacts on other legal issues, such as the evidence that can be used during a trial as well as the capacity of states to deport or extradite individuals to other states where they may be at risk of torture. Torture is criminalised by s134 Criminal Justice Act 1988 and the UK is signatory to the convention. The prohibition of torture exists at all levels of legal relations – domestic, national, and supranational.

Next: Torture and terrorism