Forum:
DISEC
Issue 101:
Measures to eliminate torture as a means of extracting information from
Prisoners of War
Chair:
Markus Z. Clark
Introduction:
Torture can be defined as “Torture is an 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”
(Source: OHCHR – “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”20.08.2016
Torture has existed since the dawn of time, but was probably not used as a judicial
punishment before Persia. The full population of towns would gather in the town square to
witness an execution by torture. The use of deliberate painful methods of torture for execution
was taken for granted until in 1689, when the development of Humanism in 17th century
philosophy, and “cruel and unusual punishment” was denounced in the English Bill of Rights.
Up until this point, torture was permitted by law only if it was half-proof against the accused.
Through the middle ages torture was usually conducted in secrecy, in underground dungeons.
Since previous measures have been ignored or overlooked this topic has been brought before
you today, as a new opportunity to extinguish the use of torture as a whole has been
presented. The governments that have been caught for using torture, and those who have yet
to be caught, shall face their consequences, and hopefully agree to what will be decided here,
and to not further breach the new resolutions to be written.
Definition of key terms:
Control Order: a preservative measure controlling the communication and activities a person
deemed to be a terrorist risk to the public
Habeas Corpus: The right to challenge the legitimacy of detention.
Geneva Convention: a key international law that defines the regulations of war. The
convention includes a definition of a prisoner of war (POW) and how they are to be treated.
Military Commissions: operate outside conventional criminal and civil courts, they are
designed for use in wartime to try enemy forces.
Unlawful Enemy Combatant: To be found as such, a person can be contained from the actual
conflict, may have been provided financial support to a combatant and a host of other
possibilities. Unlawful enemy combatants were deemed by the Bush administration to be
outside the protection of the Geneva Conventions.
POW: Prisoners Of War is a person, whether combatant or non-combatant, who is held in
custody by a belligerent power during or immediately after an armed conflict.
Source and more terms: http://thejusticecampaign.org/?page_id=1047
Types of torture:
There are limitless types of torture, as its defined to be deliberate and extremely painful
methods to gain information. Some of the most know ones are the chevalet, where the accused
is sitting on a sharp metal horse, getting pulled down on it by weights around their feet. The
Spanish Boot was a steel boot that was tightened hard. The force of the squeezing boot would
break the shin bone in pieces. Lastly, the use of the turkas. It is an iron instrument that was
used for tearing of nails. The sharp point of the instrument was pushed under the nail, all the
way to the root, splitting the nail down the middle. Pincers then grabbed both parts of the nail,
and very slowly tore it off. Today the most common forms of torture are especially known as
water boarding and parrilla. Waterboarding is when someone is restrained, and have water
poured over their face, covered in cloth, and simply giving them the feeling of drowning. This
technique was most commonly used by the US government and there have been several
reports about it having happened, though the government denies it. Parrilla is when the victim
is strapped down, and is subjected to electric shock. The name has its origins from south
America, where this form of torture is also most known for its use.
What has been done, and what can be done
There have been many measures against torture through history. The largest, most important
being during the Geneva Convention (III) in 1949. This convention came to the resolution that
“Nations party to the Convention may not use torture to extract information from POWs”.
Though after this convention, all member parties have agreed to not use any form of torture, a
global survey from Amnesty International shows that 79 of the signatories of the UNCAT are
still torturing. The problem also stands as to those countries who have not agreed to the terms
formed during the convention. There are also loopholes that may be exploited, and its by these
means that we feel this topic is necessary.
Current Standing:
Amnesty International did a study showing that over 150 countries conducted torture or cruel,
inhumane or degrading treatment in the four-year period of 1997-2000. This being either to
political prisoners in around 70 countries, and other prisoners and detainees in around 130
countries. Further research has shown that some forms of torture has been used not to
primarily gather information, but aims to break down the victim’s identity and personality,
stated by torture survivors. Few countries wish to be known for doing so, no matter if it is
against citizens, or international personnel. They have been shown to use a large variety of
strategies to circumvent their humanitarian and legal obligations. Those who are proved to
carry out the act of torture also often avoid any legal consequences, no matter if it is the order,
or the execution of it. Another large issue Torture and avoidance of it is facing today, is the
use of tazers or other electrical shock devices, that are supposedly used to control the prisoner
have been proved used for torture multiple times.
Your issue:
What measures can be done to create transparency, and prevent the use of torture in secrecy in
governments or in militant groups?
How can we ultimately ban torture, in such a way, with such coverage that is necessary for it
to become a method of the past?
Statistics:
Image source: http://www.worldpublicopinion.org/pipa/images/jun08/WPO_Torture_Jun08_graph1.jpg
The image above shows the results of a survey done by “World Public Opinion” from 2009,
displaying the general publics opinion on the use of torture, and in different degrees. The
general opinion was that it should be completely prohibited, however a fairly large percentage
states that they would approve of it being used against terrorist, for the general populations
security.
Image source: http://resources3.news.com.au/images/2014/06/06/1226945/980827-b2ffee02-eb8b-11e3-a4d2-9efb85c9fed0.jpg
The image above displays the fear of torture if to be captured or imprisoned by the
government. The numbers where especially high in Brazil, and exceptionally low in Australia
and the UK. These numbers, especially in the high end of the scale, in countries such as
Mexico and Brazil, are way to high! For something so important, and relevant we can not
continue to overlook this.
Resolutions:
http://www.irct.org/Files/Filer/publications/legal_en_web_red.pdf (2009)
Advised to read especially Part A and Part B, clause I. Good overview over the legal
aspects of torture, and the procedure or prosecution of the act.
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx (Updated 1987)
Longest held, and currently used measures against torture, advised to read through and
take notice as what was done, and what has changed since then.
https://ihldatabases.icrc.org/applic/ihl/ihl.nsf/1595a804df7efd6bc125641400640d89/6fef854a35
17b75ac125641e004a9e68?OpenDocument (non-advised to read)
Sources and links for further research:
http://www.irct.org/what-is-torture/defining-torture.aspx
https://www.hrw.org/topic/torture
http://thejusticecampaign.org/?page_id=1047
https://en.wikipedia.org/wiki/Torture
http://ethics.okimoto.com/wp/?p=5231
http://www.worldpublicopinion.org/pipa/articles/btjusticehuman_rightsra/496.php?nid
=&id=&pnt=496