Representing Victims of Torture

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What is Torture?

The United Nations Convention Against Torture defines torture as:

"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 [1].

Elements

1) An intentional act through which physical and mental pain and suffering is inflicted on a person

2) Committed with purpose

3) Committed by a public official or by a private person acting at the instigation of the former [1]

Many international treaties prohibit torture, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Common Article 3 of the four Geneva Conventions specifically prohibits torture in all armed conflicts. The Rome Statute of the International Criminal Court (ICC) prohibited torture, and has jurisdiction over cases alleging torture either as part of the crime of genocide or as a crime against humanity, if the torture is committed as part of a widespread or systematic attack, or as a war crime under the Geneva Conventions of 1949.


Torture vs. Inhuman and Degrading Treatment

The International Covenant on Civil and Political Rights did not specifically define torture, though the Human Rights Committee- the group of independent experts monitoring the Covenant's implementation- 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."[2]


The European Court of Human Rights noted that the distinction signifies a degree of suffering, for while torture is more severe, both involved "deliberate inhuman treatment causing very serious and cruel suffering."[3]


Overall, all forms of ill-treatment are prohibited under international law. This means that even where treatment is not severe enough (in legal terms) to constitute torture, the state may still be found to have violated the prohibition on ill-treatment. [4]. In assessing whether a particular practice is torture, it is essential to consider 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. [5]

Identifying Victims of Torture

The identity of the victim of torture is important because:

    • Specific groups, such as children, women, the elderly, or religious persons, may be more vulnerable to the effects of ill-treatment, making it easier to consider that the degree of suffering is severe enough to amount to torture.
    • It helps to identify patterns of abuse being directed at a particular group of victims.
    • Additional international mechanisms which are specific to particular groups can be used Cite error: Invalid <ref> tag;

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Psychological evidence of torture

One recognized sign that someone has been tortured is that he/she suffers from Post Traumatic Stress Disorder (PTSD). Studies show that 70% of torture victims suffer from PTSD. [6]. Symptoms include flashbacks (or intrusive thoughts), severe anxiety, insomnia, nightmares, depression and memory lapses. [7]. To prevent the victim from re-experiencing the trauma, the investigator should explain what he or she should expect prior to the medical examination. Symptoms of depression include depressed mood, anhedonia (markedly diminished interest or pleasure in activities), appetite disturbance or weight loss, insomnia or hypersomnia, psychomotor agitation or retardation, fatigue and loss of energy, feelings of worthlessness and excessive guilt, difficulty paying attention, concentrating or recalling from memory, thoughts of death and dying, suicidal ideation or attempted suicide. . Victims may also suffer from other disorders such as personality disorders, anxiety disorders and bipolar disorders. [8]


Torture victims also often feel guilt and shame due to the humiliation they have endured. Many feel that they have betrayed themselves or their friends and family. These symptoms are normal human responses to abnormal and inhuman treatment. [9].


Children who have been tortured will have different reactions than adults, depending on their age. Children may not be able to express their feelings verbally; instead, they often express themselves behaviorally. If possible, the child should be examined by an expert in child abuse. Caregivers should be sure to care for the child, even if the child did not experience torture directly, but indirectly witnessed torture of a loved one. [10].

Representing Victims of Torture

Codes

Convention Against Torture

Legal Training Resource Center

eLearning

References

  1. Inter-American Commission on Human Rights
  2. International Covenant on Civil and Political Rights
  3. the European Court of Human Rights
  4. http://www.essex.ac.uk/torturehandbook/handbook/part_i_3.htm#pti_3_3_1
  5. http://www.essex.ac.uk/torturehandbook/handbook/part_i_3.htm#pti_3_3_1
  6. ibid
  7. International Rehabilitation Council for Torture Victims
  8. Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  9. ibid
  10. ibid