Objective: Taking Action: a.o., Studying and promoting the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

A. The Definition of Torture

In 1984, the United Nations adopted a convention against torture, called the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), (make link) which entered into force in 1987.

This Convention defines Torture as follows:

ARTICLE 1

1. For the purposes of this Convention, the term "torture" means any 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.

From this definition we can identify three essential elements which constitute torture under international law:

1. The (deliberate/intentional) infliction of severe mental or physical pain or suffering

2. By or with the consent or acquiescence of the state authorities

3. For a specific purpose, such as gaining information, punishment or intimidation

Torture is characterised and distinguished from other forms of ill-treatment by the severe degree of suffering involved. It is therefore important to reserve the term for the most objectively serious forms of ill-treatment.

Torture is set apart from other human rights abuses in that it cannot occur through negligence _ it is an intentional act to harm a person or persons in order to achieve gain for an individual or a group of persons. We separate torture from domestic violence (although it is clearly related) and from random acts of violence. Primarily, torture is the conscious and planned work of an organization (eg. governmental, political, religious or criminal) who use physical or psychological cruelty as a systematic means to achieve their goals.

B. No exceptions

It is important to note that the UN Convention against Torture very clearly states that there are no good excuses for carrying out torture:

ARTICLE 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

C. Torture is a global problem

Torture remains a problem of great magnitude in the world today. Torture is carried out systematically in more than 40 UN member states and less systematically in many more. Even many of the countries which have ratified the UN Convention against torture still use or tolerate the use of torture. Consequently, every day new victims of torture are added to the already huge population of torture victims around the world.

It is difficult to assess the exact number of victims, however in January 1997 the UNHCR reported that there were 13.2 million external refugees and 4.9 million internal refugees in the world. Including others of concern and returnees the UNCHR have given assistance to a total of 22.7 million persons of concern. Many of these - belonging to the opposition or national minority groups - are torture victims. Prior to leaving their homes they have been persecuted and often tortured in police stations, prisons or detention camps. Studies indicate that 20-30% of refugees are torture victims.

D. Suggestions for Action

The participants of the seminar on Torture organised by AHRC for religious groups made many suggestions for action which could be undertaken by anybody concerned and wishing to work for the elimination of torture.

Discuss these recommendations and see how you can work on some of them.

These recommendations are:

1. The Convention should be taught in all levels: the schools, universities, adult education centres, houses of religious formation and the villages.

2. The translations of the Convention should be made easily available in all languages

3. The explanations and the commentaries on the Convention together with the statement should be made available.

4. In all human rights meetings and publications there should be an explanation of the Convention and comments on how it is implemented.

5. For countries which have not ratified the Convention, and have not incorporated it into the domestic law, efforts must be made to expedite the process of ratification and implementation.

6. Human rights groups which are monitoring violations should specifically monitor violations under this convention. In S. Asia where there has been so many violations under this convention, the response has been quite poor. Compared to the extent of violations, the degree of reporting is poor.

7. Human rights groups dealing with legal aid should also pay special attention to victims of torture. More groups, including religious groups should be encouraged to provide assistance to these victims, at local levels such as the parish or village temple.

8. The idea of trauma rehabilitation must be introduced and supported. The victims and their families should have easy access to such treatment.

9. The medical profession must be sensitized to the problems related to torture. They should take special care to provide medical assistance, as well as proper medical reports which may be used at legal proceedings.

10. Human rights groups should make special efforts to obtain compensation for the victims; such compensation must be given speedily and must be adequate. Cumbersome legal procedures should be abandoned and easier forms of redress must be developed.

11. The national human rights commissions have a very special responsibility to provide redress to the victims of torture: they also should provide nationwide education against the practice of TORTURE. As the commissions have access to national media - print and electronic, they must use such media, on a regular basis to discourage and eliminate the practice of torture; and to educate the victims on seeking legal redress.

12. (The religious) groups which have their own media facilities such as newspapers, the radio or even TV time, should use such facilities to instruct people about the Convention and expose its violations.

13. (The religious) groups should also awaken the society to the problems emerging in recent times due to the collapse of the legal system, particularly the criminal justice system. They must remind the society that if the people lose faith in these institutions, very drastic consequences can follow, threatening the security of everyone. The religious groups can pay special attention to minorities who suffer most in this regard.

14. The modern media offers enormous possibilities of networking on this issue. Local, national, regional and international networks must be used for campaigning for this purpose. It is essential that the people gain the necessary skills in the use of such media, writing, and in communication. Special training should be given in writing through the courtesy of persons who already have such skills. The communications skills needed are sophisticated the people therefore must be encouraged to acquire them and the persons who have such skills must be encouraged to extend a helping hand.

15. The international rights day, 10th December be celebrated in the churches with fitting services aimed at promoting human rights and highlighting the Convention against Torture.

References:

1. Torture Reporting Handbook, published February 2000

Human Rights Centre
University of Essex
Wivenhoe Park
Colchester CO4 3SQ, UK
Tel: 00 44 1206 872558
Fax: 00 44 1206 873428
email: hrc@essex.ac.uk
URL: http://www2.essex.ac.uk/human_rights_centre/

3. Torture - Still Endemic in Asia, (Statement and Papers from the Seminar on ways the religious groups can promote the UN Convention Against torture and Other Forms of inhuman and degrading treatment or punishment), AHRC, Feb.2000, available in hard copy from ahrchk@ahrchk.org or on website: www.ahrhck.net

4. International organisations:

World Organisation Against Torture (OMCT)
P.O.Box 119
37-39, rue de Vermont
CH 1211 Geneva 20 CIC
Switzerland
Tel: 4122-733 3140
Fax: 4122-733 1051
Email: omct@omct.org
http://www.omct.org

International Rehabilitation Council for Torture Victims (IRCT)
P.O. Box 2107
DK-1014 Copenhagen K
Denmark
Phone: +45 33 76 06 00
Fax: +45 33 76 05 00
E-mail: irct@irct.org
Website: http://www.irct.org

International Federation of Action Christians Against Torture (FI.ACAT)
27 Rue de Maubeuge,
75009 Paris,
France.

Other members of ACAT:
ACAT -Canada: http://w.w.w.comnet.ca/~tlahuica/acat2.htm
ACAT-Philippines
Our Lady of fatima Parish
37 Cordillera Street
Quezon City
Philippines
Tel: 632-71216 68
Fax: 632-721 78 14
Email:rvsarmiento@pacific.net.ph