As the French and US cases show, once institutionalised, the use of torture will grow, institutions will erode, and the negative outcomes will far exceed the benefits reaped from intelligence that is nevertheless unreliable. As seen above, the realist and consequentialist ethical views on torture, which legitimise the practice, allow states to implement torture programmes.
Furthermore, allowing torture even under extreme circumstances sets a dangerous precedent, as those who are willing to broaden the application of the technique will exploit any legal permission to do so, [52] as was shown by the French and US cases.
Additionally, torture is an inefficient way to gather intelligence, as it elicits unreliable information, generates time-consuming false leads, and produces cognitive effects that impair collection even when the sources are willing to collaborate. The technique also has a corrosive impact on organisations, increasing brutality and resistance to democratic oversight.
Finally, torture is detrimental to intelligence per se, as it breaks social networks, undermines non-coercive collection, diverts effort from more reliable methods of interrogation, taints the public perception of intelligence and hampers efforts to build alliances.
Thus, as there is no ethical justification for the practice nor proof of its unparalleled effectiveness, much on the contrary, there should be an absolute legal ban on torture. Banham, Cynthia. Hart Publishing, Bellaby, Ross W. Duke, Misty C. Duke, Misty, and Damien Van Puyvelde. Erskine, Toni. Moral Agents and Intelligence Gathering. Evans, Rebecca. Feinstein, Dianne, and United States. Select Committee on Intelligence. Book, Whole. Forsythe, David P. Freeman, Colin. Gutting, Gary, and Jeff Mcmahan.
Hassner, Ron E. Isikoff, Michael. Masters, James. Mayer, Jane. United Nations. Quinlan, Michael. Serwer, Adam. Can He Do It? Accessed November 25, Sullivan, Andrew. These included beatings, prolonged sleep deprivation, violent shaking, and prolonged painful positioning.
There appears to be agreement among Israeli human rights activists and defense lawyers that these techniques are used less frequently, but have been replaced by techniques that are extremely stressful psychologically, including: greater isolation for longer periods; denial of access to lawyers and family members for extended periods; prolonged interrogation sessions; use of collaborators to threaten detainees; and threats to family members.
In addition, physical violence—or the threat of it—is often present in the treatment of detainees. Most former detainees interviewed by Human Rights Watch in described physical abuse at the time of their arrest and transfer to Israeli detention or interrogation centers. MALAYSIA Malaysia has rounded up numerous detainees under its Internal Security Act, a draconian law that permits the government to detain individuals without charge or trial, denying them even the most basic due process rights.
The ISA allows the government to hold detainees for two years after arrest, and then renew this period indefinitely without meaningful judicial approval or scrutiny. In a Human Rights Watch report detainees held under the ISA reported that they had been mistreated, subjected to sexual humiliation, and slapped and kicked. All were held incommunicado for several weeks after they were first detained. Family members report that detainees showed signs of more extensive physical abuse when they first were able to meet with them.
MOROCCO Morocco has been no exception to the global backsliding in the protection of civil liberties and basic freedoms in the name of counter-terrorism. Recent credible reports of torture and mistreatment of suspects, and the denial of the right to a fair trial, suggest that the broader freedoms Moroccans have enjoyed during the last decade and-a-half can be reversed.
In the months following the May attack, police carried out massive arrests and home searches without judicial warrants, arresting at least 2, Many detainees have said that their interrogators subjected them to physical and mental torture and degrading treatment in order to extract a confession or to induce them to sign a statement they had not made.
As documented in a recent Human Rights Watch report , defendants either were not informed of their right to a medical examination or not able to exercise it in a meaningful manner. NEPAL Torture and ill-treatment in custody are prevalent throughout Nepal , which is caught in an increasingly brutal nine-year civil war between rebels of the Communist Party of Nepal Maoist and government security forces.
During the course of the war, the number of enforced disappearances—cases in which people are taken into custody and authorities then deny all responsibility or knowledge of their fate or whereabouts—has reached crisis proportions. NIGERIA Torture and ill-treatment of criminal suspects in police custody is systematic and routine in Nigeria , with a strong correlation between the severity of the ill-treatment inflicted and the severity of the alleged offense.
As a result, armed robbery and murder suspects are generally the most seriously abused and suffer the harshest treatment in detention. The most common forms of ill-treatment experienced are repeated beatings with implements such as batons, sticks, planks of wood, koboko horsewhip , gora wooden roofing material , iron bars or cable wire.
During a recent fact-finding mission by Human Rights Watch, suspects described being hung by their arms in various positions from the ceiling or across a metal rod suspended between tables. Beatings are applied to the back, limbs, joints, and in extreme cases the head. They are usually carried out for minutes on two or three separate occasions, on the same day or a few days apart.
A number of victims had tear gas power rubbed in their eyes, and one woman had it sprayed on her genitals. In Lagos, five men interviewed had been shot with a gun in one or both feet. Despite repeated resolutions by the U. Human Rights Commission condemning its human rights record, North Korea has largely shunned dialogue with U. While acts of torture by the police are generally aimed at producing confessions during the course of criminal investigations, torture by military agencies primarily serves to frighten a victim into changing his political stance or loyalties or at the very least to stop him from being critical of the military authorities.
Suspects are often whipped to the point of bleeding, severely beaten, and made to stay in painful stress positions. A July Human Rights Watch report focuses on abuses against farming families in the Punjab, including testimony about killings and torture by paramilitary forces.
Now in its sixth year, the conflict has created a dire human rights crisis. Chechen fighters have committed unspeakable acts of terrorism in Chechnya and in other parts of Russia. By carrying out forced disappearances, federal forces in Chechnya attempt to conceal the torture and summary execution of those in their custody, and therefore benefit from impunity for such crimes.
In numerous cases their corpses are found in unmarked graves or dumped, but in most instances they are simply never heard from after being taken into custody. Human Rights Watch and the Memorial Human Rights Center have documented cases when dead bodies were simply dumped by road sides, on hospital grounds or elsewhere.
The majority of the bodies showed signs of severe mutilation, including flaying or scalping, broken limbs, severed finger tips and ears, and close range bullet wounds typical of summary executions. Examinations by medical doctors of some of these bodies have revealed that some of the deliberate mutilations were inflicted while the detainees were still alive.
In February , Human Rights Watch interviewed one former detainee on the day following his release. While in detention, the young man was held on the concrete floor of a tiny, unheated cell. He was handcuffed and had a plastic bag over his head the entire time. At the time of the interview he was in a state of shock, had difficulty speaking clearly and focusing his eyes; he said that his perpetrators had injected him with an unknown drug.
Our evidence shows that torture in Afghanistan is used frequently by state actors largely to attain information regarding the Taliban or links to the Taliban. However, our records reveal a terrifying reality as they show an equal number of Afghanis have been tortured by militant groups like the Taliban for either refusing orders or refusing to join them.
Most of the Afghan clients seen by Freedom from Torture are children or young people. Despite the commitments made by the government to adhere to the Optional Protocol of the Convention against Torture, much work is needed to be done to eradicate the practice.
For decades, President Isaias Afewerki has led Eritrea with an iron fist. There is no legislature, no non-governmental organisations or media outlets or even a judiciary.
There is a harsh system of conscription which sees every Eritrean serve for an indefinite period often lasting around 10 years. Whilst in service, Eritreans are subjected to treatment which has been characterised as enslavement and attempts to avoid national service has led to imprisonment and torture.
We have evidence that women and men exercising their rights to participate in political or human rights activism have frequently been detained and tortured by the state to silence any political opposition. Read more about torture in the Democratic Republic of Congo. She was woken from sleep for the purpose of the rape and taken out of the room she was detained in. She thinks that three different soldiers were involved and she would be raped by two of them at any one time.
She was pushed onto her knees and raped vaginally and anally. She was also raped orally. There have been a variety of human rights abuses permitted by the former Sudanese government of Omar al-Bashir over his year rule.
In particular, we have evidence of torture committed from after the Darfuri war under the premise of non-Arab ethnic cleansing. More recently, protests in early calling for Omar al-Bashir to step down led to a new torrent of oppression with government forces detaining, torturing, and killing scores of civilians.
Since then, al-Bashir relinquished power and the military council formed a transitional government with the main opposition coalition. Where I lived in Sudan young boys like me would be forced into the army, they made you kill your own family. The boys in my village refused so the army took us. I was burnt, beaten, locked up on my own. I still have the scars. I was just crying for my mum every day. For years, there has been authoritarian rule in Ethiopia where torture has been a staple of the government.
Attempts to claim a wide range of rights, including land rights or freedoms of expression or association etc. When Daesh took the state, torture was used consistently on citizens as a means of oppression and control. Since Daesh lost its grip on the Mesopotamian state in , the Iraqi government has repeatedly used torture as an interrogation technique instead of carrying out proper criminal investigations.
Our evidence shows that torture has been happening in Turkey for decades, mainly to repress the Kurdish minority and the political involvement of its people.
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