🧍🏼‍♂️International Human Rights Unit 10 – Torture & Cruel Treatment: Prohibition

Definition and Scope

• Torture involves the intentional infliction of severe pain or suffering, whether physical or mental, by or with the consent of state authorities
• Cruel, inhuman, or degrading treatment (CIDT) refers to acts that cause serious pain or suffering but may not meet the threshold of torture
• Torture and CIDT are prohibited under all circumstances, including war, public emergency, or threats to national security
• The prohibition applies to all individuals, regardless of their alleged crimes or affiliations
• Torture and CIDT are considered jus cogens norms, meaning they are non-derogable and universally binding
• The prohibition extends to acts committed by private individuals acting in an official capacity or with the state's acquiescence
• Torture and CIDT can occur in various settings (detention centers, prisons, police stations)
• The definition of torture requires the involvement or acquiescence of state officials, distinguishing it from acts of private violence

Historical Context

• Torture has been used throughout history as a means of punishment, coercion, and intimidation
• In ancient and medieval times, torture was often used in judicial proceedings to extract confessions or gather evidence
• The Enlightenment era saw a shift in attitudes towards torture, with philosophers arguing against its use on moral and practical grounds
• The horrors of World War II, including the torture and mistreatment of prisoners, led to increased international efforts to prohibit torture
• The Universal Declaration of Human Rights (1948) and the Geneva Conventions (1949) laid the foundation for the prohibition of torture in international law
• The United Nations Convention against Torture (UNCAT) was adopted in 1984, providing a comprehensive framework for the prevention and punishment of torture
• Despite international prohibitions, torture and CIDT continue to be practiced in many countries, often in the context of armed conflicts, counterterrorism efforts, or the suppression of political dissent

Legal Framework

• The prohibition of torture and CIDT is enshrined in numerous international human rights treaties and conventions
• Key legal instruments include the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the United Nations Convention against Torture (UNCAT)
• The UNCAT defines torture, requires states to take effective measures to prevent it, and obliges them to investigate and punish acts of torture
• The prohibition of torture is also found in regional human rights treaties (European Convention on Human Rights, American Convention on Human Rights, African Charter on Human and Peoples' Rights)
• International humanitarian law, including the Geneva Conventions and their Additional Protocols, prohibits torture and CIDT in armed conflicts
• The Rome Statute of the International Criminal Court (ICC) defines torture as a crime against humanity and a war crime
• States have an obligation to investigate allegations of torture, prosecute perpetrators, and provide remedies to victims
• The principle of non-refoulement prohibits states from expelling or returning individuals to countries where they face a risk of torture

Types and Methods

• Physical torture methods include beating, electric shocks, waterboarding, sleep deprivation, and stress positions
  • Beating can involve the use of fists, batons, or other objects to inflict pain and injury
  • Electric shocks are often applied to sensitive body parts (genitals, nipples, fingers) using electrodes or stun devices
• Psychological torture techniques aim to break an individual's mental resilience and can be as damaging as physical torture
  • Solitary confinement involves isolating a person for extended periods, depriving them of human contact and sensory stimuli
  • Mock executions and death threats are used to instill fear and terror in the victim
• Sexual violence, including rape, sexual assault, and forced nudity, is a form of torture that targets an individual's dignity and privacy
• Pharmacological torture involves the use of drugs or other substances to induce pain, confusion, or altered mental states
• Sensory deprivation techniques, such as hooding or exposure to constant noise or light, can disorient and psychologically break down a person
• Torture methods are often combined and adapted to exploit an individual's specific vulnerabilities and fears

Psychological and Physical Effects

• Torture and CIDT can have severe and long-lasting consequences for victims' physical and mental health
• Physical effects may include chronic pain, disability, scarring, and damage to internal organs
  • Beatings and blunt force trauma can result in broken bones, head injuries, and internal bleeding
  • Electric shocks can cause burns, nerve damage, and cardiovascular problems
• Psychological effects can be equally devastating and may persist long after the torture has ended
  • Post-traumatic stress disorder (PTSD) is common among torture survivors, characterized by flashbacks, nightmares, and hypervigilance
  • Depression, anxiety disorders, and suicidal thoughts are also prevalent
• Torture can shatter a person's sense of self, leading to feelings of shame, guilt, and worthlessness
• The effects of torture extend beyond the individual, impacting their families, communities, and society as a whole
  • Family members may experience secondary trauma, economic hardship, and social stigma
  • Torture can create a climate of fear and mistrust, undermining social cohesion and the rule of law
• Rehabilitation and support services, including medical care, counseling, and legal assistance, are essential for helping torture survivors rebuild their lives

International Conventions and Treaties

• The United Nations Convention against Torture (UNCAT) is the most comprehensive international treaty addressing torture and CIDT
  • UNCAT defines torture, requires states to take preventive measures, and obliges them to investigate and punish acts of torture
  • It established the Committee against Torture to monitor states' compliance and consider individual complaints
• The International Covenant on Civil and Political Rights (ICCPR) prohibits torture and CIDT under Article 7
  • The Human Rights Committee, which monitors the ICCPR, has issued detailed interpretations of the prohibition through its General Comments
• Regional human rights treaties, such as the European Convention on Human Rights (ECHR) and the American Convention on Human Rights (ACHR), also prohibit torture and CIDT
  • The European Court of Human Rights and the Inter-American Court of Human Rights have developed extensive jurisprudence on the prohibition of torture
• The Geneva Conventions and their Additional Protocols prohibit torture and CIDT in the context of armed conflicts
  • The International Committee of the Red Cross (ICRC) plays a crucial role in monitoring compliance and assisting victims of torture in war zones
• The Rome Statute of the International Criminal Court (ICC) defines torture as a crime against humanity and a war crime, allowing for the prosecution of individuals responsible for torture
• The Optional Protocol to the UNCAT (OPCAT) establishes a system of regular visits to places of detention by independent national and international bodies to prevent torture and CIDT

Case Studies and Notable Examples

• The "Hooded Men" case involved the torture of 14 Irish men by British security forces in 1971, including hooding, sleep deprivation, and stress positions
  • The European Court of Human Rights initially found that the techniques amounted to inhuman and degrading treatment but not torture
  • In 2018, the Irish government requested a revision of the judgment, arguing that the techniques constituted torture
• The Abu Ghraib scandal revealed the torture and abuse of Iraqi prisoners by U.S. military personnel in 2003-2004
  • Photographs showed prisoners being subjected to humiliation, sexual abuse, and physical violence
  • The scandal led to investigations, courts-martial, and a wider debate on the use of torture in the "War on Terror"
• The case of Sergei Magnitsky, a Russian lawyer who died in pre-trial detention in 2009 after being beaten and denied medical care, drew international attention to torture and CIDT in Russian prisons
  • Magnitsky had uncovered a large-scale tax fraud scheme involving Russian officials
  • His death led to the adoption of the Magnitsky Act in the United States, which allows for sanctions against human rights abusers
• The torture and killing of Giulio Regeni, an Italian doctoral student, in Egypt in 2016 highlighted the use of torture by Egyptian security forces
  • Regeni's body showed signs of extensive torture, including broken bones, burns, and cuts
  • The case strained diplomatic relations between Italy and Egypt and led to calls for accountability and reforms in Egypt's human rights record

Prevention and Accountability Measures

• Effective prevention of torture requires a multi-faceted approach, including legal, institutional, and educational measures
• States should criminalize torture in their domestic legislation and ensure that penalties reflect the gravity of the crime
• Law enforcement and security personnel should receive training on human rights standards and the prohibition of torture
  • Training should emphasize the absolute nature of the prohibition and the consequences of engaging in torture
• Independent monitoring mechanisms, such as National Preventive Mechanisms (NPMs) under the OPCAT, should be established to inspect places of detention and report on conditions
• Complaints and investigation procedures must be accessible, effective, and independent to ensure that allegations of torture are promptly and impartially investigated
• Victims of torture should have access to remedies, including compensation, rehabilitation, and guarantees of non-repetition
  • Rehabilitation services should be holistic, addressing the physical, psychological, and social needs of survivors
• Perpetrators of torture must be held accountable through criminal prosecutions, disciplinary measures, and, where appropriate, international justice mechanisms
  • Immunities and amnesties for torture should be prohibited, and the defense of "superior orders" should not be accepted
• Civil society organizations and the media play a crucial role in monitoring, documenting, and advocating against torture
  • They can raise public awareness, provide support to victims, and pressure governments to uphold their obligations under international law
• Preventing and eradicating torture requires sustained political will, resources, and international cooperation to address root causes and promote a culture of respect for human rights