The world’s come a long way since those medieval torture devices like the rack and the iron maiden were routinely used to extract confessions from suspected traitors, witches and thieves.
Torture is now illegal – banned by international convention, national laws and rules of military engagement. At least on paper.
The Geneva Conventions were drafted over the past century or so to outline the rules nations involved in international conflict were expected to follow. The conventions were expanded to deal with conflicts within a nation’s boundaries as well.
Included in those conventions in 1949 was a ban on torture.
"Torture is forbidden by the Geneva Conventions, both in cases of internal conflicts (Convention I, Art. 3, Sec. 1A), wounded combatants (Convention I, Art. 12), civilians in occupied territories (Convention IV, Art. 32), civilians in international conflicts (Protocol I, Art. 75, Sec. 2Ai) and civilians in internal conflicts (Protocol II, Art. 4, Sec. 2A)."
Failure to obey the rules could eventually result in the laying of charges of crimes against humanity.
Other international bodies have also set their sights on torture. The Council of Europe – the continent’s oldest political organization – forbids its 46 member-states from carrying out or allowing others to carry out torture on their soil. Under Protocol No. 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
Almost half the countries that make up the Council of Europe are located in central and eastern Europe – many of them former Soviet-bloc countries. The council is distinct from the European Union – but no country has entered the EU without first being a member of the Council of Europe.
The EU, too, has addressed torture. Among its goals is to ensure that third countries take effective measures against torture and ill-treatment and respect their obligations under international law. Under its human rights and democratization policy, the EU also sets out rules against torture in member states.
The policy "prohibits and condemns torture and ill-treatment in law," requires member states to "take effective legislative, administrative, judicial and other measures to prevent the occurrence of acts of torture and ill-treatment in any territory under its jurisdiction," and "prevents the use, production and trade of equipment which is designed to inflict torture or other cruel, inhuman or degrading treatment or punishment."
So if you want to remain in the EU, not only can you not torture people, you can’t make or sell the equipment some people might want to use in order to extract the information they’re after.
The policy also forbids statements obtained through torture from being used as evidence in court and protects law enforcement officials, members of the military, medical staff and others from being punished for refusing to obey orders to commit acts of torture or ill-treatment.
There are similar protections under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, administered by the UN Office of the High Commissioner of Human Rights. The convention was adopted by the UN General Assembly in 1984 and came into force three years later, when it was ratified by most members of the world body.
There are yet further measures in place to make sure that people are not subjected to torture or degrading treatment.
The Canadian military bans it. Still, on March 13, 1993, two Canadian soldiers tortured a Somali teenager who had been caught trying to sneak into the Canadian camp near Belet Huen, Somalia. Shidane Arone died from the ordeal.
In 1994, the U.S. signed on to a treaty condemning torture. Under that treaty, the U.S. - and about 140 other countries - reports to the United Nations every four years. Despite that, beginning in April 2003 reports began to surface that American troops were abusing Iraqi prisoners. Eight months later, graphic photos depicting abuse at Abu Ghraib prison would surface.
In October 2005, the U.S. Senate approved draft legislation that would prohibit the military and the CIA from using "cruel, inhuman or degrading treatment" for any detainee in U.S. costody anywhere in the world. The Bush administration - while declaring that the U.S. does not torture - sought an exemption for the CIA.
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External Links
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN Office of the High Commissioner for Human Rights)
- European Union: Torture and other cruel, inhuman or degrading punishment or treatment: guidelines
- Council of Europe: Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11
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