Torture

Torture

Torture, according to the United Nations Convention Against Torture, is "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.” In addition to state-sponsored torture, individuals or groups may inflict torture on others for the same reasons as those acting in an official capacity; however, another motive for torture can be for the sadistic gratification of the torturer, as was the case in the Moors Murders.

Torture is prohibited under international law and the domestic laws of most countries; however, Amnesty International estimates that 75% of the world's governments currently practice torture.

Throughout history, torture has often been used as a method of effecting political re-education. In the 21st century, torture is widely considered to be a violation of human rights, and is declared to be unacceptable by Article 5 of the United Nations Universal Declaration of Human Rights. In times of war, signatories of the Third Geneva Convention and Fourth Geneva Convention agree not to torture protected persons (POWs and enemy civilians) in armed conflicts.

International legal prohibitions on torture derive from a philosophical consensus that torture and ill-treatment are immoral. These international conventions and philosophical propositions not withstanding, organizations such as Amnesty International that monitor abuses of human rights report a widespread use of torture condoned by states in many regions of the world.

Laws against torture

On December 10, 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Article 5 states,

"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Since that time a number of other international treaties have been adopted to prevent the use of torture. Two of these are the United Nations Convention against Torture and the Geneva Conventions III & IV.

United Nations Convention against Torture

The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the purview of the United Nations that aims to prevent torture around the world.

The Convention advises states to take effective measures to prevent torture within their borders, and forbids states to return people to their home country if there is reason to believe they will be tortured.

The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987; 26 June is now recognized as the International Day in Support of Torture Victims, in honor of the Convention. To date, 142 nations are parties to it, with another nine having signed but not yet ratified.

Optional Protocol to the UN Convention against Torture

The Optional Protocol to the Convention against Torture (OPCAT) entered into force on 22 June 2006 as an important addition to the UNCAT. As stated in Article 1, the purpose of the protocol is to "establish a system of regular visits undertaken by independent international and national bodies to places where people are