I.

INTRODUCTION

Torture involves deliberately inflicting physical or mental pain on a person without

Legal cause. This includes threats to family members and loved ones. It has been used as a
punishment, to intimidate or control people, to get information or just to gratify sadistic
impulses. Governments have used torture to keep themselves in power, to enforce their particular
political philosophy, to remove opposition and to implement particular policies.

Since the middle of the last century torture has generally been regarded as wrong, so
wrong in fact that the UN Convention Against Torture allows no exceptions, even in
circumstances such as war or while fighting terrorism. British law bans torture and the UK is one
of the signatories to the United Nations Convention Against Torture. The UK is committed to
combating torture globally, and continues to implement an active campaign to help eradicate it."

Torture and other inhumane acts causing severe pain or suffering, or serious injury to the
body or to mental or physical health are also prohibited under international criminal law and can
amount to crimes against humanity and war crimes. Some people argue that torture, while
wrong, is the lesser of two evils, and that it should be allowed if it is the only way to prevent a
greater wrong. For example, they say, it might be OK to torture a person to get information that
would enable the authorities to prevent a bombing. Others argue that it is a 'moral absolute' that
torture is always wrong, and so can never be justified by any form of ethical 'cost-benefit
analysis'.

a) DEFINITION OF TORTURE

Article 1 of Convention Against Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment provides that:

“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.
 b) ELEMENTS OF TORTURE:

1. The infliction of severe pain or suffering - The Convention specifies that for an act to
amount to torture it must inflict “severe pain or suffering, whether physical or mental” on a
person.
2. The requirement of intent - The Convention requires that for an act to amount to torture it
must have been committed with intent.
3. The requirement of a specific purpose - The Convention requires that an act must have been
inflicted for a specific purpose, and lists such purposes as punishment, soliciting information or a
confession, intimidation or coercion, “or any other reason based on discrimination of any kind”.
4. The involvement of a public official - The Convention specifies that an act of torture is
inflicted “at the instigation of or with the consent or acquiescence of a public official or other
person acting in an official capacity”.

c) METHODS OF TORTURE

i. MEDIEVAL PERIOD
NECKLACING
A person is grabbed and held as a tire that has been filled with gasoline is slipped over
their heads and arms, basically locking them into place. After they have been “necklaced”, so to
speak, the true pain begins. The victim is then lit aflame, so they are actually burning alive from
the gas that is fueling the fire that has been lit. In addition, the rubber of the tires begins to melt
from the extreme heat, and could then mesh with the molten skin of the victims, making the
chances of recovery (if they were to actually escape the ring of fire) basically impossible. The
victim is unable to get this burning circle of death off of them because the arms are held tight to
the body by the tire. However, it is not unheard for the inflicting party to go the extra mile and
chop off the hands of the necklacing victim, or tie their hands behind their back with barbed
wire, making death all but certain.

THE RACK

The mechanism of torture on a torture rack was to fasten the ankles of the victim to one roller and chain
the wrists to the other. The handle was then used to enhance the pressure on the attached chains. The roller could
also be rotated on its axis using the pulleys and levers to strain the ropes and stretch the joints of the victim. The
joints would eventually be dislocated and even separated, with the muscles torn apart. It was also common to use
various other tortures in conjunction with the torture rack. For instance, burning with hot torches or candles could
also be applied for increased pain. Additionally, pincers were sometimes used to tear out the finger and toe nails of
the victim. Various phrases were used for someone who was tortured in this way on this Medieval Torture Device,
including being “broken on the rack”, “stretched on the rack”, or simply, “racked”.

RAT TORTURE

Although there were numerous approaches to rat torture, the most common was to start
with a restrained victim. A rat was set atop his body and covered by a container. Heat was then
applied and the rat would desperately start clawing for a way out—and the only way was through
the body. The rat would dig and dig, slowly burrowing into the person until death.

SCAPHISM

Death by being eaten alive—literally. The victim was placed in a hollow tree trunk or
boat and force-fed a mixture of milk and honey until he developed diarrhea. After that, he was
unclothed and covered in more milk and honey. He was then left to sit in his own waste as
insects came to feast on him. Death usually came from dehydration, septic shock, or gangrene.
IMPALEMENT

Most famously used by Vlad the Impaler, 15th-century ruler of Wallachia (in present-day
Romania) and inspiration for Count Dracula, the act of impalement has a long, grim history.
While images tend to depict people skewered through the midsection and then held aloft — in a
manner that would almost certainly bring about a rapid death — the real process was a much
longer, horrifically drawn-out ordeal.

Traditionally, the stake would be partially sharpened and planted, point up, in the ground. The
victim would then be placed over the spike as it was inserted partway into the rectum or vagina.

As their own body weight dragged them further onto the pole, the semi-greased wooden stake
would force its way up through their body, piercing organs with an agonizing slowness as it
eventually penetrated the entire torso, finally tearing an exit wound through the skin of the
shoulder, neck or throat.
 ii. MODERN TORTURE

WATRER BOARDING

Waterboarding, also called water torture, simulated drowning, interrupted drowning,

and controlled drowning, method of torture in which water is poured into the nose and mouth of
a victim who lies on his back on an inclined platform, with his feet above his head. As the
victim’s sinus cavities and mouth fill with water, his gag reflex causes him to expel air from
his lungs, leaving him unable to exhale and unable to inhale without aspirating water. Although
water usually enters the lungs, it does not immediately fill them, owing to their elevated position
with respect to the head and neck. In this way the victim can be made to drown for short periods
without suffering asphyxiation. The victim’s mouth and nose are often covered with a cloth,
which allows water to enter but prevents it from being expelled; alternatively, his mouth may be
covered with cellophane or held shut for this purpose. The torture is eventually halted and the
victim put in an upright position to allow him to cough and vomit (water usually enters
the esophagus and stomach) or to revive him if he has become unconscious, after which the
torture may be resumed. Waterboarding produces extreme physical suffering and an
uncontrollable feeling of panic and terror, usually within seconds.

TUCKER TELEPHONE
Originally from Arkansas, at the Tucker State Prison facility, the Tucker Telephone was
devised as a form of torture, which was constructed from an old-fashioned crankshaft telephone.
The phone was modified to produce electricity when cranked, to torture inmates in the prison.
The ground wire would be connected to the prisoner's toe, while the hot wire would be connected
to their genitals. The staff member would then crank the generator, which would send electric
shocks through the inmate's body, electrocuting them.

COLD CELL

The CIA is authorised to use about 6 interrogation/torture techniques on prisoners, and

one of them is the cold cell. The cold cell is where a prisoner is put in front of an air conditioner
for hours, months or sometimes even years, in order to torture them to retrieve information.
WHITE TORTURE

White torture, a form of emotional and psychological torture, is widely used even today
and is somewhat the worst torture technique adopted for prisoners.
The victim is placed in a room that's completely white and they're made to wear stark white
clothing and they're given white rice on white paper towels for food and are not allowed to speak
a word. Sensory deprivation soon makes a person hallucinogenic and eventually they lose their
sane minds.

THE TIGER BENCH

This is another torture technique practiced by the Communist government of China against
the followers of Falun Gong. The tortured is placed on a bench, with a board against their back
and their head. The prisoner's legs are bound tightly to the bench, with several leather straps,
while trying to lift the prisoner's ankles. This goes on until the knees give way and snaps, leaving
the person disabled for life.

II. INTERNATIONAL CONVENTION AGAINST TORTURE AND OTHER CRUEL

INHUMAN AND DEGRADING TREATMENT AND PUNISHMENT
It prohibits the use of torture at all times, even in times of war or when there is a threat of
war or internal political instability or any other public emergency. The use of torture cannot be
justified even if there is an order from a superior officer or public authority.
The convention prohibits cruel, inhuman and degrading punishment or treatment. The acts
usually do not involve the infliction of physical injuries, but still cause the victim to undergo
physical or mental suffering.
When committed during an international armed conflict, torture can be considered as a
“grave breach”, which is prohibited under another international law. If the torture is committed
in a systematic or widespread manner, it could amount to a “crime against humanity”.
Torture is also regarded as a jus cogens crime. States may proceed against another state
who commits torture, by invoking universal jurisdiction.

III. CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR

DEGRADING TREATMENT OR PUNISHMENT (COMMONLY KNOWN AS
THE UNITED NATIONS CONVENTION AGAINST TORTURE (UNCAT)
It is an international human rights treaty, under the review of the United Nations, that
aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or
punishment around the world.
 The Convention requires states to take effective measures to prevent torture in
any territory under their jurisdiction, and forbids states to transport people to any country where
there is reason to believe they will be tortured.

The UNCAT also requires States to prevent “other acts of cruel, inhuman or degrading treatment
or punishment which do not amount to torture…, when such acts are committed by or at the
instigation of or with the consent or acquiescence of a public official or other person acting in an
official capacity
1. The Convention against Torture sets out a definition of torture.

2. The Convention against Torture obliges States to take preventive measures.

According to article 2 of the Convention, each State Party has an obligation to take all necessary
measures to prevent acts of torture. This includes legislative, administrative and judicial
measures, as well as any other measures that may be appropriate. States are also obliged to
prevent other cruel, inhuman or degrading treatment or punishment in article 16.

3. There is no justification for torture - ever

Article 2.2 of the Convention states that "no exceptional circumstances whatsoever" can justify
torture. This includes war or the threat of war, political instability, combating terrorism or any
other emergency.Orders from a superior officer are also not a justification for torture.

4. Non-refoulement
Article 3 of the Convention sets out the principle of non-refoulement, which requires States to
not expel, return or extradite a person to another State if there are "substantial grounds” for
believing that the person would be in danger of being subjected to torture.

5. Specific crime of torture

Article 4 of the Convention requires each State Party to ensure that torture is included as a
specific crime in their national criminal law. The Committee against Torture requires that States
parties use, as a minimum, the definition of torture included in article 1 of the Convention.

6. Universal jurisdiction

The Convention obliges each State Party to establish its jurisdiction over persons found in its
territory who are alleged to have committed the crime of torture, irrespective of whether the
crime was committed outside its borders and regardless of the alleged perpetrator’s nationality,
country of residence or absence of any other relationship with the country (articles 5-9). If the
State is unable to prosecute the offence, it is required to extradite the alleged perpetrator to a
State which is able and willing to prosecute such a crime. This principle of universal jurisdiction
constitutes one of the most important aspects of the Convention.
7. Training officials
Article 10 of the Convention requires States parties to take steps to ensure that all law
enforcement personnel, medical personnel, public officials and others involved in the deprivation
of liberty receive education and information on the prohibition and prevention of torture.

8. Review of detention procedures

Under article 11 of the Convention, States parties are required to keep under systematic review
interrogation rules, instructions, methods and practices, as well as custody procedures. These
should comply with the United Nations Standard Minimum Rules for the Treatment of Prisoners
and the United Nations Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment.

9. Prompt investigation
According to article 12 of the Convention, each State Party must establish prompt and impartial
investigations whenever there is reasonable ground to believe that an act of torture has been
committed in any territory under its jurisdiction. This means that, even in the absence of a formal
complaint, the relevant authorities must undertake an impartial, effective, independent and
thorough investigation as soon as they receive information indicating any instance of torture or
ill-treatment.

10. Right of victims to complain and obtain redress

The Convention provides that victims of torture have the right to complain and to have their case
investigated promptly and impartially (article 13), as well as to receive redress and adequate
compensation (article 14). This also includes the right to rehabilitation that is as full as possible.

11. Inadmissible evidence

According to article 15 of the Convention, any statements gathered as a result of torture must be
deemed inadmissible in legal proceedings. This provision is extremely important because, by
making such statements inadmissible in court proceedings, one of the primary aims of torture
becomes redundant.