Torture

Torture is according the United Nations Convention Against Torture
“...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."

Torture in any form and for any reason has been banned by international law, but it is still practiced on a million people each year around the world. Survivors of torture are found everywhere. Victims of torture and their families need rehabilitation to make it possible for them to re-establish control over their lives.

• UN's Universal declaration of human rights - article 5 concerning torture
  In 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. In article 5 also torture is banished.
  
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
  The Convention against Torture was adopted by the General Assembly by the resolution 39/46, in December 1984, entry into force in 1987. In honour of the Convention, june 26th is now recognized as the International Day in Support of Torture Victims.As of june 2010, there are 146 nations parties to the treaty.Here you can find the up-to-date status.
  
• Optional Protocol to the Convention against Torture(OPCAT)
  This Optional Protocol represents an important addition to UN Convention against Torture from 1984. In this protocol there is established an international inspection system for places of detention. The OPCAT was adopted by the General Assembly in 2002, entered into force in 2006. As of june 2010, 51 nations are parties to that treaty, 13 more have signed but not ratified.Here you can find the up-to-date status.
  
• International Covenant on Civil and Political Rights - article 7 concerning torture
  The Covenant is a multilateral treaty, adopted by the UN General Assembly in 1966, entry into force in 1976. It represents a part of the International Bill of Human Rights. The Covenant is monitored by the Human Rights Committee.
  
• United Nations Fact Sheet No. 4 – Methods of Combating Torture
  The United Nations have edited a series of quite useful Fact Sheets. This one targeting combating torture covers lists of pertinent international instruments, treaty monitoring bodies, special rapporteurs, as well as mentions the UN voluntary fond for victims of torture and selected (special) issues. Annex with complaint forms and guidelines.
  
• The European Convention on Human Rights
  This convention was drafted in 1950, entry into force in 1953. It established the European Court of Human Rights. This international treaty, ratified by all Council of Europe member states, is to protect human rights and fundamental freedom in Europe.
  
• European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
  The Convention was adopted by the Council of Europe in 1987. It has been completed by two additional protocols, entry into force in 2002.
  

• Torture, Inhuman or Degrading Treatment
  This article comes along with a solid definition of torture, and a short but comprehensive summary of several topics concerning torture. Here to mention rights, instruments of protection, some links to guidelines for advocacy, educational and training materials. Useful. – Human Rights Education Associates, HREA.
  
• The Psychology of Torture
  This represents a great overview helping to understand the psychology of torture, with explanations, aspects on effects and recovery.- Stanford University
  
• An overview of torture
  This website collects a broad and great overview of this topic, concerning subcategories as women, children, after-effects. – Canadian Center for Victims of Torture, 2004.
  
• Torture
  Article on torture in the online encyclopedia Wikipedia, with some good links to further information and other websites.
  

Torture was used as an instrument in trials of criminal law already in the mediaeval times f.e. in Europe, dating back to Roman Law where it was first only used on slaves. The law in the mediaeval times didn`t accept signs or indications (although credible), neither the testimony of only one witness, it needed either a confession or two witnesses. So the torture was meant not as punishment but as a method to detect the truth. It came in use more and more also because of a change in criminal law. In former times a crime became a court case only if some private person accused the criminal, which was not sufficient in times of increased criminality, so the law had to be changed in order to give the authorities the opportunity to start an investigation by themselves. At first torture was used quite at random, and not in all Europe allowed by law. In Germany f.e. therefore in 1532 there was a statute enacted to regulate torture. So torture was only allowed in case of there was already half-proof against the accused. The accused person had to confirm the testimony one day after the torture, only then it was accepted in court. Nevertheless also these rules collapsed completely for example during the inquisition and the witch-trials, were torture just was used until the favored testimony was given. England for example didn`t allow torture by law, but nevertheless torture was used to gain testimonies.

In the 18th century in Europe the concern against the use of torture became more and more obvious. At the end also authorities and their advocates changed their minds, and the torture was abolished in Europe legally by and by. Last abolition of torture was in Switzerland, Kanton Glarus in 1851.

• Torture in Europe Through the Ages
  Some source material on that topic
  

The physically methods of torture can range from beating with fists and boots up to sophisticated designed devices such as a rack. There are other types which can include f.e. sensory or sleep deprivation. The victim can be held in awkward or damaging positions, temperature extremes, noises. Psychological torture on the other hand cuases psychological suffering, often altering the victims behavior. It is often more subtle and much easier to conceal than physical torture. Psychological torture aimes to damage the psychological structures of human beings, breakage of core-beliefs. It can use quite severe stress-moments, including a vary range from f.e. mock execution to solitary confinement. Because it is targeting a human beings psyche, it doesn`t leave visible traces, so it is sometimes very difficult to prove. Very often both types of torture are used, as an example to mention sexual abuse and rape.

The boundary between legally accepted interrogation and torture is unfortunately not globally the same per definition. There might be a consensus that the legal prohibition of torture is grounding on a philosophical consensus that torture is immoral, despicable, abominable. But very often in the aftermath of f.e. terrorist attacks there is t o find a discussion whether torture may be justified in certain circumstances. It is obviously under the right assumption not so difficult to get some persons into the role of the torturer, just in the belief to do something “right”. The results of two famous experiments, the Milgram Experiment in 1961 and especially the Stanford Prison Experiment from 1971 show this in a very appalling way.

The effects of torture are manifold and almost always severe. There are physical injuries that may remain, as chronic pain syndromes, muscle and skeleton damages, brain injuries with post traumatic epilepsy, infections, sexually transmitted diseases. In the recent years is has come more in focus that also the psychological effects are severe, sometimes more serious than the physical ones. To name here PTSD (post traumatic stress disease) in all its varieties, depression, panic disorders.

So one can conclude that inflicting pain (either physically or psychologically) to get information about whatsoever is a practice with deep roots back in history. The question remains all over, does torture ever produce reliable intelligence – put aside all moral and legal implications. Experts agree that as a rule, torture is not an effective method of extracting information of prisoners. Confessions are made under interrogation to the point of torture, because people wish to end the “questioning”, or sometimes they even get convinced they did it, creating “false memories” under psychological pressure.

• Myth: Torture works
  The Medical Foundation for the Care of Victims of Torture presenting a very useful overview about the effects of torture.
  
• Q&A: Effects of Torture
  Interview with Douglas Johnson, member OSCE and at that time director of the Center for the Victims of Torture. OSCE, 2001
  
• After-Effects of Torture
  Short, useful overview. Otherwise lots of links concerning this topic.
  
• Torture has a long history……of not working
  Overview of the topic how reliable torture may be, with useful links. – LiveScience
  

To offer expertise and support to the different human rights monitoring mechanisms in the United Nations system, is the function of the Office of the High Commissioner for Human Rights (OHCHR). There are to distinguish two different kinds of bodies in general: some UN Charter-based bodies (these including the Human Rights Council), and on the other hand the treaty-based bodies. The latter have been created under the international human rights treaties, and consists of independent experts. They are mandated to monitor State parties` compliance with their treaty obligations. Most of these bodies get secretariat support from the OHCHR.

There are 4 charter-based bodies. Also we have nine core international human rights treaties (one of which – on enforced disappearance – has not yet entered into force). The Universal Declaration of Human Rights was adopted in 1948, and all UN Member States have ratified at least one core international human rights treaty since, 80 % of Member States have ratified four or more.

Amongst these eight treaty based bodies there is one (in two parts) concerning torture and its banishment.

• United Nations Committee against Torture
  The Committee against Torture CAT is the body of 10 independent experts that monitors implementation of the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” by its State Parties. – OHCHR.
  
• Subcommittee on Prevention of Torture
  The UN Subcommittee on Prevention of Torture SPT started its work in 2007. According the Optional Protocol to the Convention against Torture OPCAT the STP is given the right to visit places of detention and examine the treatment of people held there. – OHCHR.
  

More in the periphery but also implemented under the United Nations or other State Organizations (around the globe) there are more bodies and organizations monitoring and investigating cases of torture.

• UN Special Rapporteur on Torture
  In the resolution 1985/33 the United Nations Commission of Human Rights decided to appoint an expert, a special rapporteur, to examine questions relevant to torture. This mandate covers all countries, irrespective of whether a State has ratified the Convention against Torture. – Office of the United Nations High Commissioner for Human Rights.
  
• Inter-American Commission on Human Rights
  Organization of American states (middle and south), on this website there are lots of links to rapports on human rights in general. No special focus on torture. – IACHR.
  
• Inter-American Court of Human Rights
  Situated in Costa Rica, this court is an “autonomous judicial institution of the Organization of American States”. Objectives of this court are the application and interpretation of the American Convention on Human Rights and other treaties concerning the same matter. – Homepage in Spanish and English.
  
• African Commission on Human and People's rights
  This commission was established in 1987 by the African Charter on Human and Peoples`Rights, adopted in 1981 by the Organization of African Unity OAU. The commissions task is to ensure the “promotion and protection of Human and Peoples`Rights throughout the African Continent. Headquarter is in Banjul/Gambia. Homepage in French and English.
  
• Asian Human Rights Commission
  This Commission targets to protect and promote human rights (by monitoring, investigation, advocacy, taking solidarity actions). In addition to more general information on the topic human rights we find also very solid and informative collection (links) to the situation on torture in various asian countries. There are also statements and reports, up to date press-releases. Very useful to get a current status on the topic. – AHRC, 06/2010.
  
• Australian Human Rights Commission
  Established in 1986, an independent statutory organization, reporting to the Australian federal parliament. Targeting the promotion and protection of human rights in Australia. No special focus on torture.
  
• European Court of Human Rights
  The Court was established in 1959, headquarter in Strasbourg/France. It rules on individual or State application alleging violations of the civil or political rights set out in the European Convention on Human Rights (no special focus on torture, which is part of the whole). To mention here is also an interesting fact sheeds collection with examples on violations of human rights in european countries.
  
• European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or punishment
  The CPT consists of independent and impartial experts, elected by the Committee of Ministers (the Council of Europe`s decision-making body). "The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment." You find the reports of the Committee here.
  

• Torture survivors’ perceptions of reparation
  This rapport (112 p) presents a solid overview on the survivor`s perceptions of reparation. It comes along with definitions and discusses the problem of the reactions to reparations and the processes which are necessarily involved.- Redress, 2001
  
• Some perspectives on torture victims, reparation and mental recovery
  This article “surveys issues related to the pursuit of reparation by victims of torture or their family members.” - Paul Dalton, 2002
  
• Definitions of reparation, especially concerning torture victims, explanation of victims` needs in struggling for support and reparation. – International Rehabilitaion Court for Torture Victims, IRCT.
  
• Right of torture victims to adequate remedy and reparation
  Quite good essay which outlines aspects concerning the victims right to reparations. -
  
• Joint Study on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism
  Solid and detailed study (186 p.) on the issue of Secret Detention, which is concluded to be a violation of international human rights law, and may facilitate the perpetration of torture. Detailed status quo concerning Secret Detention in the different continents/states.- United Nations Human Rights Council, 02/2010.
  

Here we present a collection of guidelines and articles more specific in approaching therapeutic aspects. Almost all torture victims suffer of severe consequences. There are lots of physical and psychological damages to take care of, amongst the latter as the most important distress PTSD. So the treatment is mainly the same as the approach for PTSD, taking into account the origin of this PTSD.

• Manual on the Effective Investigation and Documentation of Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol)
  The manual gives a very broad, solid guideline on all aspects of torture. We find a summary on relevant ethical codes, as well as guidelines for investigation of torture-victims/cases. There is a summary on possible physical evidence which includes a description of the most used torture methods. A very useful and solid chapter on psychological damages is included as well as forms for investigation for print-out. – Office of the United Nations High Commissioner for Human Rights, UNHCR, 2004.
  
• World Organization Against Torture – Handbook Series and Reports
  OMTC presents here a collection of guidelines (links, downloads). They represent “detailed guide to the practice, procedures and jurisprudence of regional and international mechanisms that are competent to examine individual complaints concerning the violation of the absolute prohibition of torture and ill-treatment”. As well we find here annual rapports and similar releases of the OMCT.
  
• RCT Field Manual on Rehabilitation
  This book with 420 pages provides with a solid and very detailed overview concerning almost all aspects on torture. It intends to “meet the need for sound evidence-based and/or concensus-based advice in attempt to rehabilitate survivors of torture or organized violence”. There are descriptions of physical and psychological symptoms as well as altered behavior/activities. There is a chapter on “context” where the problems concerning f.e. armed conflicts, violence but also practical points (f.e. working with translators) are highlighted. Overview over possible approaches and therapies. Lots of references. Very useful. – Rehabilitation and Research Centre for Torture Victims, RCT, Copenhagen, 2007.
  
• RCT Documentation Centre and Library
  The RCT Documentation Centre and Library “holds the world's most extensive special collection of published documents on torture and related subjects. In addition to books, reports, and articles the library holds a large collection of pictures and videomaterials.” Open to the public. – Rehabilitation and Research Centre for Torture Victims, RCT.
  
• Assessment and treatment of torture victims
  Short abstract of the respective article. – PubMed, 1991.
  
• Psychotherapy Treatment of Torture Survivors
  Solid overview on treatment possibilities, with discussion of a model of brief therapy. – International Journal of Psychosocial Rehabilitation, Peter Berliner et al, 2003.
  

• World Organisation Against Torture
  This organization represents “the main coalition of international non-governmental organizations (NGOs) fighting against torture, summary executions, enforced disappearances, and other cruel, inhuman or degrading treatment.” Here we find quite a solid collection of several topics concerning torture, as assistance, rights and violence against children and women, socio-economic aspects. – OMCT.
  
• Medical Foundation for the Care of Victims of Torture
  The MF was established in 1985 in the United Kingdom, dedicated solely to the treatment of torture survivors. MF works in the UK, but the website provides good links and information concerning lots of aspects of torture.
  
• UN Voluntary Fund for Victims of Torture
  Established by General Assembly resolution 36/151 in 1981, this fund receives voluntary contributions (from governments, NGO`s, individuals) which are to distribute to NGO`s providing humanitarian assistance to victims of torture and members of their family.
  
• UNHCHR Committee against torture
  The Committee against Torture CAT is the body of 10 independent experts that monitors implementation of the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” by its State Parties.
  
• REDRESS
  This human rights organization helps torture survivors to obtain justice and reparation. Initiated by a torture survivor, established in 1992 as a charity organization in the UK. REDRESS works with survivors to help restore their dignity and to make tortures accountable.
  
• Association for the Prevention of Torture(APT)
  APT is a non-governmental organization, offering legal advice on criminalizing torture, providing training on visiting places of detention, advocates legislative reform, ratification and implementation of relevant international treaties.
  
• Canadian Center for the Victims of Torture
  The CCVT presents on its website a useful collection of definitions, publications and links, publications and links.
  
• The Torture Abolition and Survivors Support Coalition International
  The TASSC is an organization founded by and for torture survivors. They intend to help survivors with reintegration, focus on support also psychologically.
  
• The International Rehabilitation Council for Torture Victims
  The IRCT is an umbrella organization for more than 140 independent torture rehabilitation organizations, in over 70 countries. They target to offer rehabilitation, counter impunity for perpetrators, raise awareness among people.
  
• Resources for Torture Survivors, Refugees, Detainees, & Asylum-Seekers
  This website (set up by a clinical psychologist) collects over 130 useful links to help torture survivors and asylum seekers to find information on lots of topics import to know (guidelines, networks, legal services etc).
  
• Survivors International
  Survivors International is an organization working with torture survivors and refugees who have come from all over the world to the San Francisco Bay Area. Lots of their programs are targeting locally San Francisco Bay Area. But this organization has built an interesting and quite useful collection of links and addresses. To mention here is a list of addresses of organizations working with torture victims in Europe, another site provides a list of treatment centers globally, and you will find an overview on links to literature and quite useful other websites concerning this topic.