Torture

Definition
Torture, however, is not aItogether easy to define. Traditional definitions view it as the
imposition of physical suffering upon others through violence, for various reasons usually
pertaining to the extraction of information or confession of guilt, but possibly simply for the
pleasure of being cruel.
Power describes it as 'the systematized use of violence to inflict the maximum amount of pain
in order to extract information, to break resistance, or simply to intimidate'.
Torture, it seems, is more than simply a tool for the extraction of information. Clinical
psychologist Lindsey Williams states that: There are two common misconceptions about
torture.
The first is that the primary purpose is to inflict pain;
the second is that the purpose of the pain is to elicit information.
In reality, researchers have concluded that pain is used as a means to a different end, that end
being the destruction of the individual as a person
'Torture is used as a tool of power' Jean-Paul Sartre,
The purpose of torture is not only to make a person talk, but to make him betray others. The
victim must turn himself by his screams and by his submission into a fower animal. in the
eyes of afl and in his own eyes. His betrayal must destroy him and take away his human
dignity. He who gives way under questioning is not only constrained from talking again, but
is given a new status, that of sub-man.
The torturer knows that the victim's words are worthless. A tormented person will tell the
torturers what they want to hear - empty, mute speech, which does not accomplish the
declared purpose of revealing secrets. In fact, the real purpose of torture is silence: silence
induced by fear. Fear is contagious and spreads to the other members of the oppressed group,
to silence and paralyse them. To impose silence through violence is torture's real purpose, in
the most profound and fundamental sense.
One other point which needs to be made is that torture has, historically, straddled the divide
between the legal or judicial sphere, concemed with the maintenance of order, and the
political sphere, concerned with the maintenance of power. Most uses of torture in the
modem world are illegal, therefore they are used in a more clandestine way to serve the
political interests of those in power.However, historically, torture was commonly used for
judicial purposes, against non-political criminals, as a form of punishment. Eg. Corporal
punishment

The U.N. declaration's definition of "torture" is more comprehensive than the definitions
formulated by other international bodies
Definition of Torture As defined in Article 1, "torture" constitutes an aggravated and
deliberate form of cruel, inhuman, or degrading treatment or punishment. The definition of
"torture" includes six elements:
(1) any act by which
(2) severe pain or suffering, whether physical or mental is
(3) intentionally inflicted
(4) by or at the instigation of a public official
(5) on a person for such purposes as obtaining from him or a third person information or
confes- sion, punishing him for an act he has committed or is suspected of having com-
mitted, or intimidating him or other persons.
(6) It does not include pain or suffer- ing arising only from, inherent in or incidental to,
lawful sanctions to the extent consistent with standard minimum rules for the treatment
Defining torture in terms of "any act" does have the advantage of avoiding the difficulties
presented by definitions requiring that torture involve the "systematic infliction of pain.
These definitions primarily are designed to es- tablish "state liability" for the practice of
torture and require proof of numerous cases of torture which involve a similarity of
technique, a proximity in time, and a relationship between the individuals inflicting the
torture. Such definitions have the shortcoming of not encompassing "isolated instances of
torture
The U.N. declaration recognizes that torture is a question of degree and that it is the infliction
of "severe pain or suffering" which distinguishes it from mere "punishment" or "treatment.
The "severe pain or suffering" involved must be "intentionally inflicted." This "specific
intent" to inflict "severe pain or suffering" presumably requires that the "reasonable torturer"
know and intend that severe pain or suffering will result
Under the declaration, the torture must be "inflicted by" or "at the instiga- tion of a public
official. n addition, the definition is limited to torture "inflicted by" or "at the instigation of"
public officials and does not seem to en- compass torture inflicted by vigilante groups or by
foreign military advisor
Lastly, torture does not include suffering "arising only from, inherent in or incidental to,
lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment
of Prisoners." However, the provisions of the Minimum Standards are open to interpretation
by domestic authorities and their enforcement ultimately depends upon the "good faith" of
prison per- sonnel.
The U.N. declaration provides legal remedies for individuals subjected to torture. All "acts of
torture . . . participation in, complicity in, incitement to or an attempt to commit torture" are
to be "offenses" under a state's criminal law. Any person who alleges that "he has been
subjected to torture or other cruel, inhuman or degrading treatment or punishment" shall have
the right to complain to and have his case impartially examined by state authorities. Even if
no formal complaint has been lodged, if there is "reasonable ground" to believe an act of
torture has been committed, the "competent authorities" of the state shall "promptly proceed
to an impar- tial investigation." If the investigation establishes that an act of torture "appears
to have been committed," the alleged offender shall be subjected to criminal proceedings. In
the case of a "well-founded allegation of other forms of cruel, inhuman or degrading
treatment or punishment," the alleged offender shall be subject to criminal, disciplinary, or
other "appropriate proceedings.

Even if a victim is willing to lodge a complaint. against a public official, reliance on domestic
legal procedures is not apt to be effective in controlling the use of torture. ure. A government
may have a vested interest in "covering up" tor- ture carried out "at the instigation" of "public
officials" and may interfere with or resist any legal investigation
hat discovery of evidence in such cases also likely will be difficult
In addition to the evidentiary problems previously discussed, the reliance upon a legalistic
approach to controlling the domestic practice of torture may be too rigid. A particular
practice may be determined as being lawful, although it results in the infliction of pain,
because the practice does not fall within the narrow definitional parameters of "torture.
Article 12 provides a disincentive to the use of torture by the police by providing for the
exclusion from evidence of "any state- ment which is established to have been made as a
result of torture or other cruel, inhuman or degrading treatment or punishment
However Even if a defendant can demonstrate that the police have used torture or other cruel,
inhuman, or degrading treatment or punishment, courts may have a tendency to interpret the
"as a result of torture" standard narrowly, so as to encourage and reward successful police
efforts at eliciting confessions or other information. In addition, courts may be reluctant to
exclude from trial statements incriminating political criminals perceived as a threat to the
regime
Case studies see sol
Despite the establishment of international standards and safeguards and in the face of
apparent universal condemnation, torture is a more common practice in the world
today than at any other point in history.
2.1.4 Types of Tortures: India
2.1.4.1 Torture in Police Custody and Custodial Death Torture in police custody in India is a
frequent practice. And the highest risk of torture occurs in the first 24 hours of the detention.
It is unknown whether a person taken into the police custody will have his/her detention
recorded, whether he will be given access to a lawyer, whether there will be a fair medical
examination or not, all such questions are a result of weaknesses that exist in Indian laws and
in their implementation.
 Torture to extract confessions Many cases related to extraction of confession is related to
theft and petty crimes. This means that the suspects belonging to poor background are more
vulnerable to tortures of this type. For instance, in September 2008, police led by inspector A
Rocky reportedly stripped, chained and tortured Maruthan, an Irula tribal, for 37 days during
interrogation in connection with alleged rape and murder of a tribal woman in Kerala. Mr.
Maruthan was apparently detained because he was the first to see the dead body of the
woman near a stream in September 2007 in Attappadi and informed other community
members.9 and many such instances take place all over India
.  Torture resulting from a failure to pay bribes On 12 June 2008, Nirmal Singh (45 years), a
resident of Tilak Nagar in Delhi, died following alleged torture by the police for refusing to
pay a bribe. A police team went to the victim's house to excluded non-bailable warrant issued
relating to a bounced cheque. The police 46 claimed the victim locked himself in the
bathroom. The police then broke open the door where they found him unconscious and he
later died in the hospital.
10 2.1.4.2 Custodial Torture of Women Custodial torture of women include rape, sexual
violence, virginity testing, stripping naked, humiliation of a sexual nature, insult, etc. and all
this is done with the consent of public officials
2.1.4.3 Custodial Torture of Children The Juvenile Justice (Care and Protection) Act of
2000 continued to be violated. The Justice act provides that child offenders cannot be
detained in police custody but must be produced at once before the juvenile Justice boards..
However, there are many cases in which children are often arrested and even falsely charged,
sexually assaulted, stripped and sexually abused. For instance, on the night of 20 January
2008, 12-year-old schoolboy was allegedly tortured to death by four police men at Dataganj
in Badaun district of Uttar Pradesh. The policeman reportedly tortured him to reveal the
whereabouts of his brother who was wanted in connection with a burglary. The police man
allegedly hanged the boy from a ceiling fan to make the death look like suicide.
USA
The recent development of torture falls into three stages.
The first stage would be after the second world war under which US assembled torture
expertise in line with a national security ideology leaping from the anti-Communist
campaign.
The second stage is during the period of 1950s and 60s, in a backlash against liberation and
equality movements, crime panic led to criminal justice restructuring.
This began in mid-1970s and continuing into the present 21st century.16 In all such incidents
prepared the US institutionally and its people ideologically to enter in its current course of
terror law and torture.
A Case Study: Prisoners in Guantanamo Bay
600 people that were secretly picked up by the forces from all over the world and put in a
prison in Guantanamo Bay, it is a place near Cuba which is controlled by American Navy.
The US government considers them to be enemies and it believes that they have linkages
with attacks on New York on 11 September 2001.
Moreover, the government of these respective people were not asked or even informed about
their imprisonment.
 The families of prisoners got to know about their whereabouts only through the media. Not a
single person was allowed to meet them.
The US army arrested, interrogated them and decided whether to keep them there or not.
No trials were conducted before any magistrate. These prisoners were not even allowed to
approach their own countries' attorneys and governments. It is only when an international
Human Rights organization, Amnesty International, reported the atrocious conducts of
prisoners in Guantanamo Bay that the world came to know about its reality.
They exposed that the prisoners were treated in such a manner which violated the laws. They
were even denied of the treatment in the jail that is compulsory in nature to be given to
prisoners as per the international treaties.
Prisoners performed hunger strike to end the atrocities against prisoners however prisoners
were not released even if they were not declared guilty. This is a UN supported finding. Now
there are rising demands of closing of this prison. It is yet to be seen whether current OK will
shut this facility or not.
History of Torture IN GENERAL
However, Power is right to state that torture as a practice is a product of 'civilisation'. Our
definition of torture goes beyond the practice of simple brutality and involves intent to punish
or dehumanise.Primitive man (sie), like other animals, tollowed his instinets and killed his
enemy as swiftly as the job could be done. ArChaeologists, who have dug up prehistoric
skeletons, have found no evidence of torture.
Torture in the pre-modern world
In Ancient Greek law, torture was prohibited against citizens, but permitted against slaves
and others as a means of obtaining information. Indeed, Power adds that in Athens, the
testimony of a slave was not considered reliable unless he had been tortured. Roman law
extended this sanctioning of torture to include citizens, and this influenced the laws of many
European countries built on Roman law.
European societies influenced by Roman law (such as France) treated torture as a natural part
of questioning and a useful means of seeuring information
English common law, though, derived primarily from Anglo-Saxon (as opposed to Roman)
law, and it recognised only one use of torture: where suspects refused to offer a plea of guilt
or innocence, such a plea could be extracted using the peine forte et dure. 15
After the Inquisition, the use of torture once again declined. It was abolished in England by
law in 1640, although suspected witches were still subjected to various forms of it. The use of
torture became a capital offence in France after the 1789 revolution. Russia and the German
states abolished it in the early nineteenth century. Most of the major imperial powers sought
to use their influence upon the colonised nations to extend the abolition to other parts of the
world
It is true that the legal, judicial sanctioning of torture in Europe was all but abolished, but in
reality the practice was still alive in parts of the world, and set to make a dramatic comeback.
During the twentieth century, the use of torture as a political practice became even more
widespread. In Italy, Mussolini' s fascist government became the first to instigate torture as
astate policy, soon followed by Franco' s government in Spain, and Hitler's in Germany.

Prohibiting torture
This resurgence of torture as a political tool is despite the passing into international law of
various covenants and declarations which strictly forbid the practice of torture in all cases.
The Geneva Conventions, which relate to the treatment of prisoners of war and of civilians
during wartime, prohibit in absolute fashion the cruel and inhuman treatment of captives. The
1929 Geneva Convention, cloaked within the language of the 'laws of humanity', was the first
to prohibit various forms of corporal punishment and cruel treatment against prisoners of
warY Through its location within this framework, torture was treated, in much the same way
as genocide, as a crime against humanity.
When the Universal Declaration of Human Rights in 1948 prohibited all forms of cruel,
inhuman or degrading treatment, it inspired the inclusion of similar articles in various
subsequent declarations, acts and covenants. Torture was universally outlawed according
to the International Covenant on Civil and Political Rights (ICCPR) in 1966, and opposition
to it is standard practice for the United Nations General Assembly, the European Union, and
other regional and national administrative bodies.
2.1.2.1 United Nations Convention against Torture (UNCAT) (1984) or The Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment It is an
international treaty on Human Rights under United Nations which was adopted in 1984. It
was among first documents at the international level and its goal is to prevent torture and acts
of cruel, inhuman or degrading treatment or punishment across the world. The party states
are supposed to take necessary measures to stop torture in their respective areas of
authority and it also prohibit party states to transport people to other countries where
they can be tortured. Government of India has signed the convention in October 1997 but is
yet to ratify it. Once ratified states are supposed to send a report within a span of one year
after which they must report once in every four years. The Committee against Torture (CAT)
is a group of human rights experts which checks whether the state parties are adhering to the
convention.
Standard Minimum Rules for the Treatment of Prisoners (1955) The standard minimum
rules for the treatment of prisoners were adopted in 1955 by the first United Nations
conference on the prevention of crime and the treatment of offenders and approved by
economic and social Council in 1957 and 1977, respectively. These rules apply to all the
category of detainees, including sentenced prisoners detained without charge and those under
administrative detention.3 The purpose of these rules is to provide necessities of survival
such as accommodation, food drinking, water, personal hygiene, clothing, education,
sanitary, etc. Cruel Punishments like corporal retribution are banned under the
Standard Minimum Rules for the treatment of prisoners. Further, on 20 December 1971,
the General assembly recommended to all the member states that these rules must be
successfully put into practice in the administration of penal and correctional institution and
urged them to incorporate these rules in their national legislations.
Declaration on the Protection of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (1975)
It was a Resolution adopted by United Nations’ General Assembly on 9 December 1975. It
was the first non-binding international declaration to stop torture entirely. It was made prior
to the drafting of Convention against torture. It has 12 articles. Article 1 states that, “torture
means any act by which severe pain or suffering whether physical or mental, is intentionally
inflicted by or at the instigation of a public official on a person for such purposes as obtaining
from him or a third person information or confession, punishing him for an act he has
committed or is suspected of having committed, or intimidating him or other persons. it does
not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions
to the extent consistent with the standard minimum rules for the treatment of prisoners.6 One
of its articles also specify that torture cannot be justified under any circumstances be it threat
of war, internal political instability or any other public emergency.
Article 1
declaration, torture means any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted by or at the instiga- tion of a public official on a person for
such purposes as obtaining from him, or a third person information or confession, punishing
him for an act he has committed or is suspected of having committed, or intimidating him or
other persons. It does not include pain or suffering arising only from, inherent in or incidental
to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the
Treatment of Prisoners
Article 4
provides that each state "shall ... take effective measures" to pre- vent the use of torture and
other cruel, inhuman, or degrading treatment or punishment "from being practised within its
jurisdiction
Article 5
provides that the training of law enforcement personnel and other public officials who "may
be responsible for persons deprived of their liberty" shall "ensure that full account is taken of
the prohibition against torture and other cruel, inhuman or degrading treatment or punishment
Article 9,
whenever there is a "reasonable ground to believe" that an act of torture has been committed,
"competent authorities" of the state concerned shall promptly proceed to an "impartial
investigation," even if there has been no formal complaint
Article 10 requires that criminal proceedings shall be instituted against the alleged offenders,
"in accordance with national law
Finally, Article 12 provides that "[a]ny statement which is established to have been made as a
result of torture or other cruel, inhuman or degrading treatment or punishment may not be
invoked as evidence against the person concerned or against any other person in any other
proceedings
Principles for the Protection of All Persons under any form of detention or imprisonment
(1988) It has the body of principles which mentions that the rights of persons who are under
arrest and detention must be provided with legal aid, medical care and access to records of
their detention, arrest, interrogation and medical treatment. State should prohibit any act
contrary to the principles, make such acts subject to proper sanctions and conduct impartial
investigation of complaints (principal 7).
7 2.1.2.5 Rome Statute of the International Criminal Court (1998) It sets up an international
tribunal to try perpetrators of genocide, crimes against humanity and war crimes. It was
adopted by a United Nations Diplomatic Conference of Plenipotentiaries on 17 July 1998.
According to article 7, the systematic or widespread practice of torture and “other inhuman
acts of a similar character intentionally causing great suffering, or severe injury to body or to
mental or physical health” constitute crime against humanity

there remains a noticeable bridge between Uni ted Nations and related covenants and
sanctions, and the responsibility of nation-state governments to enforce those standards
within their own borders, or with regard to their foreign policies.19 As a result,
practices which dearly violate these norms have been identified in scores of countries
from year to year. Amnesty International reports regularly suggest that almost half the
countries of the world practise some form of torture.

Torture Methods
TECHNIQUES OF TORTURE Some of the most frequently used techniques of the "new
torture" include:
Physical Abuse
(1)Submarine: The prisoner's head is immersed continuously in a tub of filthy water, urine,
excrement, and petroleum while the victim's sexual organs are squeezed.
(2)Electric Shock: Electric shocks are delivered to the sensitive portions of the victim's
body.
 (3)Body Extension: The victim is fastened by the knees or ankles to a bar suspended from
the ceiling and beaten or subjected to shock treatment or sexually abused. Often another
prisoner or the victim's spouse is forced to witness the torture. Eventually, the victim is "cut
down" and experience
severe pain on impact with the floor resulting from the fact that all the blood has drained into
the victim's arms.
(4) Water pipe: The victim is bound and secured. Then the eyes are bandaged, the nose is
plugged up, a tube is thrust into the mouth, and a strong stream of water is injected into the
mouth until the victim is "inflated" and loses consciousness. The victim is then "pumped out"
and the process is again initiated.
(5)Falange: The prisoner is secured to a bench and the soles of the prisoner's feet are beaten
with sticks or pipes by five or six men. Such prolonged beating leads to a painful swelling of
the feet, but, other than broken and fractured bones, no lasting overt physical impairment is
likely to result. During the torture process the victim is forced to run around the bench
periodically and is continuously beaten. These beatings are accompanied by pouring water
down the victim's mouth and nose, rubbing detergent, soap, or pepper in the victim's eyes,
banging the victim's head on the bench or floor, and beating other portions of the victim's
body.
(6)Extraction: Teeth, nails, and pubic hair are torn out.
(7)Sexual abuse: Women are raped and objects such as bottles are jammed into females'
vaginas. Males' genitals are subjected to beatings and electric shock treatment. In one torture
a string is tied to the prisoner's testicles and the other end of the string is tied to a jack which
is "dropped."
(8)Roll-up: The prisoner is tightly strapped into a bed with damp sheets; the sheets dry out
and squeeze and suffocate the individual. This process is repeated over a period of day

Psychological Techniques
(9)Sensory deprivation: A hood is placed over the prisoner's head or the prisoner is
incarcerated in a drab, monochromatic environment with no sensory stimulation. These
sensory deprivation techniques are occasionally accom- panied by a bread and water diet,
sleep deprivation, and constant maintenance of a loud, monotonous whining sound
throughout the prison. The prisoner is forced to maintain the "stroika position" (spread-eagle)
against the wall for up to twenty-four hours. Upon collapse, the prisoner is abused and forced
to resume the position.
(10)Threats: Prisoners are threatened with maiming, death, and rape of themselves or their
families. Mock executions often are conducted, and prisoners are forced to witness the torture
of their fellow prisoners.
(11)Declarations: Individuals are forced to sign denunciations of their family, spouse, or
political beliefs. This induces a sense of moral compromise.
(12)Drugs: Victims are injected with harmless substances which they are told are toxic.
(13)Nudity: Prisoners are forced to remain in a state of nudity in cold, damp, often insect-
infested cells; or the prisoner is forced to share the cell with psy- chiatrically deranged mental
patients.

Impact on victim
This process is designed to interfere with the normal functioning of the prisoner's brain and
to create anxiety, tension, panic, and hallucinations which will reduce the prisoner to an
"acute state" and "break" the prisoner's morale and will to resist
Biderman has described this process as involving debilitation (pain), dependency
(dependency on the torturers for a cessation of torture), and dread (the fear during a respite
from torture of returning to a state of debilitation).41 Biderman observes that application of
the "DDD" technique has, in the past, been able to overcome resistance by prisoners based on
altruism, morality, or hatred of the prisoner for his or her torturers.
THE IMPACT OF TORTURE ON THE TORTURER
The atrocities he commits or condones. But recent research reveals the longer- term difficulty
of living a life which denies the recognition of the humanity of his victims."50 Frantz Fanon
documents the long-term impact of engaging in tor- ture on French torturers in Algeria: "Now
I've come so as I hear their screams even when I'm at home. Especially the screams of the
ones who died at the police headquarters.