Difference between revisions of "Representing Victims of Torture"

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The second element of torture under CAT is severe pain or suffering. There are several tests used to determine whether an act is severe enough to constitute torture.  One approach is to distinguish between torture and inhuman or degrading treatment.  The Convention Against Torture prohibits inhuman and degrading treatment as well as torture.<ref> Convention Against Torture, Article 16</ref>. A single treatment may be both torture and inhuman and degrading treatment.  The distinction between torture and inhuman or degrading treatment is essentially subjective, and is based on the "intensity of the suffering inflicted," on whether the suffering was very serious and cruel <ref> Eur. Court HR, Case of Ireland v. the United Kingdom, judgment of 18 January 1978, Series A, No. 25, p. 66, para.167 </ref>.  The Human Rights Committee of the International Covenant on Civil and Political Rights has stated that corporal punishment constitutes cruel, inhuman and degrading treatment. <ref> Communication No. 759/1997, G. Osbourne v. Jamaica (Views adopted on 15 March 2000), in UN doc.  GAOR, A/55/40 (vol. 11), p. 138, para. 9.1 </ref>.  The Committee also noted that inhuman and degrading treatment "depends on all the circumstances of the case, such as the duration and manner of the treatment, its physical and mental effects as well as the sex, age and state of health of the victim."<ref>International Covenant on Civil and Political Rights</ref>.  This test, used by the European Court of Human Rights, also requires consideration of the customary practices of different cultures.  For example, beatings may not be considered torture in some places, while just tearing a woman's clothes in other places could be considered torture <ref>http://www.essex.ac.uk/torturehandbook/handbook/part_i_3.htm#pti_3_3_1 </ref>.  A second approach to defining what constitutes severe pain is to view human contact more broadly, seeing any contact as potentially a violation of the right to physical and psychological integrity  <ref> I-A Court HR, Cae of Loayza Tamayo v. Peru, Judgment of September 17, 1997, in OAS doc. OAS.Ser.L/V/III39, doc 5, Annual Report of the Inter-American Court of Human Rights 1997, p. 211, para. 57 </ref>.  This is also a subjective test, but it may be easier to convict people of torture under it than the other test.
 
The second element of torture under CAT is severe pain or suffering. There are several tests used to determine whether an act is severe enough to constitute torture.  One approach is to distinguish between torture and inhuman or degrading treatment.  The Convention Against Torture prohibits inhuman and degrading treatment as well as torture.<ref> Convention Against Torture, Article 16</ref>. A single treatment may be both torture and inhuman and degrading treatment.  The distinction between torture and inhuman or degrading treatment is essentially subjective, and is based on the "intensity of the suffering inflicted," on whether the suffering was very serious and cruel <ref> Eur. Court HR, Case of Ireland v. the United Kingdom, judgment of 18 January 1978, Series A, No. 25, p. 66, para.167 </ref>.  The Human Rights Committee of the International Covenant on Civil and Political Rights has stated that corporal punishment constitutes cruel, inhuman and degrading treatment. <ref> Communication No. 759/1997, G. Osbourne v. Jamaica (Views adopted on 15 March 2000), in UN doc.  GAOR, A/55/40 (vol. 11), p. 138, para. 9.1 </ref>.  The Committee also noted that inhuman and degrading treatment "depends on all the circumstances of the case, such as the duration and manner of the treatment, its physical and mental effects as well as the sex, age and state of health of the victim."<ref>International Covenant on Civil and Political Rights</ref>.  This test, used by the European Court of Human Rights, also requires consideration of the customary practices of different cultures.  For example, beatings may not be considered torture in some places, while just tearing a woman's clothes in other places could be considered torture <ref>http://www.essex.ac.uk/torturehandbook/handbook/part_i_3.htm#pti_3_3_1 </ref>.  A second approach to defining what constitutes severe pain is to view human contact more broadly, seeing any contact as potentially a violation of the right to physical and psychological integrity  <ref> I-A Court HR, Cae of Loayza Tamayo v. Peru, Judgment of September 17, 1997, in OAS doc. OAS.Ser.L/V/III39, doc 5, Annual Report of the Inter-American Court of Human Rights 1997, p. 211, para. 57 </ref>.  This is also a subjective test, but it may be easier to convict people of torture under it than the other test.
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The following are some common torture methods used in various parts of the world:
 
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*''' Blunt trauma''', such as a punch, kick, slap, whipping, a beating with wires or truncheons or falling down;
 
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*'''Positional torture,''' using suspension, stretching limbs apart, prolonged constraint of movement, forcedpositioning;
 
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*'''Burns''' with cigarettes, heated instruments, scalding liquid or a caustic substance;
 
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*'''Electric shocks''';
 
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*'''Asphyxiation''', such as wet and dry methods, drowning, smothering, choking or use of chemicals;
 
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*'''Crush injuries''', such as smashing fingers or using a heavy roller to injure the thighs or back;
 
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*'''Penetrating injuries''', such as stab and gunshot wounds, wires under nails;
 
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*'''Chemical exposure''' to salt, chilli pepper, gasoline, etc. (in wounds or body cavities);
 
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*'''Sexual violence''' to genitals, molestation, instrumentation, rape;
 
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*'''Crush injury''' or traumatic removal of digits and limbs;
 
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*'''Medical amputation''' of digits or limbs, surgical removal of organs;
 
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*'''Pharmacological torture''' using toxic doses of sedatives, neuroleptics, paralytics, etc.;
 
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*'''Conditions of detention''', such as a small or overcrowded cell, solitary confinement, unhygienic conditions, no access to toilet facilities, irregular or contaminated food and water, exposure to extremes of temperature, denial of privacy and forced nakedness;
 
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*'''Deprivation of normal sensory stimulation''', such as sound, light, sense of time, isolation, manipulation of brightness of the cell, abuse of physiological needs, restriction of sleep, food, water, toilet facilities, bathing, motor activities, medical care, social contacts, isolation within prison, loss of contact with the outside world (victims are often kept in isolation in order to prevent bonding
 
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and mutual identification and to encourage traumatic bonding with the torturer);
 
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*'''Humiliation,''' such as verbal abuse, performance of humiliating acts;
 
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*'''Threats of death,"' harm to family, further torture, imprisonment, mock executions;
 
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*'''Threats of attack''' by animals, such as dogs, cats, rats or scorpions;
 
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*'''Psychological techniques''' to break down the individual, including forced betrayals, accentuating feelings of helplessness, exposure to ambiguous situations or contradictory messages;
 
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*'''Violation of taboos''';
 
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*'''Behavioural coercion''', such as forced engagementin practices against the religion of the victim (e.g. forcingMuslims to eat pork), forced harm to others through torture
 
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or other abuses, forced destruction of property, forced betrayal of someone placing them at risk of harm;
 
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*'''Forcing the victim to witness torture"' or atrocities being inflicted on others <ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment </ref>.
 
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====3. Committed for wrongful purpose====
 
====3. Committed for wrongful purpose====

Revision as of 10:37, 23 June 2010

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