International Human Rights

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

The prohibition of torture and cruel, inhuman, or degrading treatment (CIDT) is a fundamental principle in international human rights law. This absolute ban applies in all circumstances and to all individuals, regardless of their alleged crimes or affiliations. The prohibition is considered a jus cogens norm, making it universally binding and non-derogable. Torture involves the intentional infliction of severe pain or suffering by state authorities, while CIDT refers to acts causing serious harm that may not meet the torture threshold. The ban extends to various settings and requires state involvement, distinguishing it from private violence. Understanding these concepts is crucial for grasping the complexities of human rights protection.

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
  • 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


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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.