Objective: To understand the causes and consequences of torture and other cruel or inhuman and degrading treatment and punishment for the whole society

Case Study: Cambodia, reported by ADHOC, a local NGO.

"Tortures generally occur in police stations, police posts and also in the prisons. Here is one example:

The criminal police of interior ministry arrested a victim without warrant and brought to a secret room of police inside the Interior Ministry. Later he was beaten severely by the police. The group of police officers took a long iron bar covered with paper and old clothes and used it as a weapon to hit the victim. In this way, the police avoided making any scars on the body of the victim yet injuring him severely. The victim refused to sign a pre-prepared confession statement by the police and was subsequently beaten to death."

A. What is the purpose of those who inflict Torture?

Torture is primarily aimed at strong personalities such as leaders of ethnic minorities, human rights fighters, union members, politicians, student leaders, and journalists, very often individuals (or even entire communities) who protest against harsh living conditions.

Persuasion

Torture is often used to persuade people to:

• Abandon or deny their values or beliefs;

• admit to a crime they may or may not have committed;

• cease actions to promote human rights;

• reveal information they wish to keep secret.

Punishment

Torture is also used arbitrarily to punish a person for some activity. This torture may be inflicted on the family of the person so as to inflict further psychological damage. A number of societies see torture as a crime deterrent, and many people believe that the harsher the punishment is, the more effective it will be in preventing crime. This can be seen from the earliest time of life, where the expression "spare the rod, spoil the child" is used in some societies to say that people should be taught to behave ithrough punishment.

Intimidation

Torture is also increasingly used to intimidate the population as a whole in the face of insurrection or disturbance. Public knowledge of random or systematic torture can be very effective in silencing opposition to a political or military power as fear for self and family replaces solidarity and compassion.

QUESTIONS FOR REFLECTION / DISCUSSION

1. Do you agree that any of the above reasons can justify the use of torture?

2. What do you think is the mentality underlying these rationalisations for the use of torture?

B. What are the factors in the society which are conducive to the occurrence of torture?

1. Undemocratic and non-transparent government

When governments are not accountable to people _ either through the absence of free and fair elections, through military take-over of government, through repressive legislation that prevents inter-election activism _ they can operate with impunity. Whether torture is carried out overtly by the security forces, or covertly through para-military groups organised by the State, the State remains responsible. Without good democratic process, the people remain helpless to change this.

E.G. ARGENTINA, CHILE, AFGHANISTAN, INDONESIA, PAKISTAN

2. Police/Military not under control of government

In a number of cases the government or State is not able to control the actions of all elements of its own

'security' forces. This may be due to ineptness, payment of low salaries, insufficient education or persistent corruption. One must be careful, as governments may use this as an excuse for torture

E.G. SRI LANKA

3. Organised crime and businesses operating with impunity often combined with corruption

Governments may feel beholden to powerful investors or criminals in their country. Severe harm caused by these may still be considered torture where a government does not make reasonable attempts to act upon the situation. Governments may, in fact, actively assist these powerful interests, making their own security forces available for their purposes.

E.G. THAILAND

4. Inability to organise citizens' groups to oppose the violence

This may be due to undemocratic government, but there are other factors. Often, torture is carried out systematically to create a climate of fear. In this milieu, citizens will be afraid to organise themselves to speak out against the torture. In developed countries, organisation may be a problem due to a pervasive individualism, in which culture each person may be too worried about their own position in society to speak out with others.

E.G. PAKISTAN? MALAYSIA? HONG KONG?

5. Perpetrators not tried or removed from society

Due to an unwilling or incapable government or because the perpetrators remain in positions of power, combined with the lack or inability of international bodies such as the UN to investigate and try perpetrators

E.G. SRI LANKA, CAMBODIA, IINDONESIA

6. Cultural/Religious Values

Some cultures or religions assert that torture is the only way to 'teach people a lesson' or to prevent crime or to purify a person who has offended the dominant culture

p. 37 Human Rights and Spirituality I _ "the danger of forced and unreflected sacrifice"

E.G. WEST INDIA

p. 48 "religions themselves have engaged in and have encouraged torture under certain circumstances. The inquisition in Europe is one glaring example. In Asia there has been little opposition to torture by institutional religions….Religious leaders often su pport the state which violates the basic rights of people under national security laws."

7. Undemocratic legislation

A number of countries have implemented laws to prevent human rights activists from speaking out against abuses such as torture

E.G. BANGLADESH, SINGAPORE

C. Examples of specific typical situations when persons may be subjected to torture

• The greatest risk of torture and other forms of ill-treatment to individuals is in the first phase of arrest and detention, before they have access to a lawyer or court. This risk persists as long as the investigation lasts, irrespective of where a suspect is being held.

  (i.e. detaining somebody either without acknowledgement or without allowing them access to anyone, such as their lawyer or family) is probably the single highest risk factor for torture because it means that there is no external monitoring of the interrogation process. Sometimes, the security forces only officially register the individual once they have completed the initial interrogation.

• Incommunicado detention
• Torture is usually less common in regular prisons for convicted prisoners as the investigation process has been completed, but it should be noted that many prisons also hold remand prisoners who are pending trial, as well as sentenced prisoners.
• In both the initial detention phase and also after transfer to a prison, it should be remembered that the conditions of detention themselves may amount to inhuman or degrading treatment, and thus should also be documented
• Torture may also occur following abductions. In temporary abductions the victim is released several hours or days later. In the case of a 'disappearance' evidence indicates that the victim is held by or with the acquiescence of the authorities, yet this is not acknowledged by the authorities. The victim may not be found, or may be found dead. Both forms of abduction may involve torture and are used as a means of instilling fear or intimidation in the community. While cases of disappearance involve violations other than torture, (e.g. right to life, right to liberty and security of person) any evidence that torture occurred during the disappearance should be documented. The disappearance could also itself be found to amount to torture, either for the victim or for the relatives of the victims
• Torture may also occur in situations of political unrest or generalised violence and conflict zones
• Ill-treatment and inhumane and degrading treatment or punishments, amounting to torture may occur in custodial institutions, medical settings, camps and centres for refugees and internally displaced persons.

QUESTIONS FOR REFLECTION / DISCUSSION / ACTION

1. In your opinion, which of the factors mentioned above are the most important ones in contributing to the prevalence of torture in the world? In your region? In your country?

2. Which of these factors and situations exist in your country?

3. If you are sure that torture does not occur in your country, what prevents torture from occuring in your country?

4. If torture does occur in your city or country, where and in what circumstances does it take place?