Torture was frequently used by colonial powers to suppress resistance and peaked during anti-colonial wars in the twentieth century. [41] [42] An estimated 300,000 people were tortured during the Algerian War of Independence (1954-1962),[43] and the United Kingdom and Portugal also used torture to preserve their respective empires. [44] Independent states in Africa, the Middle East, and Asia often used torture in the twentieth century, but it is unclear whether their use of torture has increased or decreased compared to the nineteenth century. [41] In the first half of the twentieth century, torture became increasingly common in Europe with the advent of the secret police,[45] the First and Second World Wars, and the rise of communist and fascist states. [15] From a legal perspective, the absolute prohibition of torture and other ill-treatment is „non-derogable“ – that is, it cannot be relaxed even when necessary. In international humanitarian law, which governs war, torture was first prohibited by the Lieber Code of 1863. [232] Torture was prosecuted as a crime against humanity at the Nuremberg trials; [233] It is recognized as a war crime by the 1949 Geneva Conventions and the 1998 Rome Statute of the International Criminal Court. [234] [235] According to the Rome Statute, torture can also be a crime against humanity if committed as part of a systematic attack against the civilian population. [236] The Syrian military prison in Saydnaya. Former detainees described being crammed into dirty, overcrowded cells with no access to fresh air, sunlight or ventilation, and tortured upon arrest. Remnants of poor food are thrown on the floor of cells covered in blood from prisoners` wounds. Once a torture program has begun, it is difficult, if not impossible, to prevent it from escalating into stricter techniques and spreading to larger groups of victims beyond what was originally intended or desired by decision-makers. [95] [96] [97] The escalation of torture is particularly difficult to contain in counterinsurgency operations.
[82] Torture and specific techniques have spread between different countries, particularly among soldiers returning from wars abroad, although this process is poorly understood. [98] [99] Some argue that the goal of saving innocent lives must outweigh a person`s right not to be tortured. This argument is presented in its most blatant form in the „ticking bomb“ scenario: a bomb is supposed to explode, which will kill thousands, and it is known that a detained person has information about where the bomb is and how it can be defused. Is torture justified in such a case to force the detainee to speak? Those who say this argue that governments should be allowed to choose torture as the lesser evil in such a situation. The classification of corporal punishment as torture is controversial internationally, although it is expressly prohibited by the Geneva Conventions. [106] Some authors, such as John D. Bessler, argue that the death penalty is inherently a form of torture practiced as punishment. [107] [108] Executions can be carried out in brutal ways, such as stoning, death by fire, or dismemberment. [109] Psychological harm caused by the death penalty is sometimes considered a form of psychological torture. [110] Others do not consider corporal punishment with a fixed sentence to be torture because it is not intended to break the will of the victim. [111] 5.
The members of the Committee are elected for a term of four years. They may be re-elected if reappointed. However, the term of office of five of the members elected at the first election shall expire after two years; Immediately after the first election, the names of these five members shall be drawn by lot by the President of the Assembly referred to in paragraph 3. The prohibition of torture under international law applies to many measures – for example: beating on the soles of the feet; electric shock to the genitals and nipples; Rape; almost drowning due to immersion in water; near-suffocation caused by plastic bags tied around the head; Burn; whipping; needles inserted under the nails; Mutilation; Hold on to your feet or hands for a long time. Victims of torture face a number of devastating long-term consequences. The physical and psychological pain inflicted on them can lead to chronic pain and disability, post-traumatic stress disorder (PTSD) and depression. That is why it is so important that those who have been tortured have access to reparations and that their torturers are brought to justice. Torture often occurs in secret – in police prisons, interrogation rooms or prisons. For more than 50 years, Amnesty International has documented torture, exposed perpetrators and helped victims seek justice.
Torture[a] is defined as the intentional infliction of severe pain or suffering on a person under the control of the perpetrator. [2] [3] Treatment must have a specific purpose, such as punishing and compelling the victim to confess or provide information. [4] [5] The definition in the UN Convention against Torture only takes into account torture by the state. [6] [7] [8] Most jurisdictions include agents acting on behalf of the state, and some definitions add non-state armed groups, organized crime, or individuals working in state-supervised facilities (such as hospitals). People like Ángel Colón, who was released in October 2014, nearly six years after being tortured and unjustly imprisoned in Mexico. More than 20,000 Amnesty International supporters have demanded his release. Angel told us: „My message to all those who show me solidarity and are against torture and discrimination is: `Don`t let your guard down. A new horizon is opening up`. Article 4 of the Convention against Torture requires States parties to ensure that all acts of torture constitute criminal offences under domestic law.
Although there is not a single federal law that explicitly criminalizes torture, the United States has insisted that existing federal and state laws make it illegal to do anything that falls within the definition of the Convention against Torture against Torture. In the United States, most criminal laws are federal rather than federal. Although some states have laws that deal with torture as such, each state has laws that criminalize violence against individuals (e.g., assault, rape), whether committed by public officials or private individuals. In addition, states generally have specific laws that criminalize acts by officials that constitute abuse of power, „official repression,“ or the unlawful infliction of bodily harm. The most significant federal law that would apply to torture of detainees is 18 U.S.C. 242, which criminalizes the intentional deprivation of a right protected by the Constitution or laws of the United States by any public official. 1. Each State Party shall ensure that education and information on the prohibition of torture are fully integrated into the training of law enforcement personnel, whether civilian or military, medical personnel, officials and other persons who may be involved in the detention, interrogation or treatment of a person who is arrested, detained or detained in any form. Torture aims to break the will of the victim and destroy his free will and personality. It is one of the most harmful experiences a person can have and can also have a negative impact on people and institutions. Public opinion research has shown that torture is generally rejected.
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