Sunday, March 4, 2012

References and Resources

You will not find new information here, but I wanted to provide a single location for all of the links and references that I have used throughout this series of blog posts.


Internet Resources:


News Media:
Survivors:



Non-Governmental Organizations:
Government Resources:
International Treaties:
Reports, Books, and Articles:

Amnesty International. Amnesty International Report 2011: The State of the World's Human Rights. London: Amnesty International, 2011.

Donnelly, Jack. International Human Rights, Third Edition. Boulder: Westview Press, 2007.

Einolf, Christopher J. "The Fall and Rise of Torture: A Comparative and Historical Analysis."Sociological Theory, 25.2 (2007): 101-121.

Golash, Deirdre. "Torture and Self-Defense." Intervention, Terrorism, and Torture: Contemporary Challenges to a Just War Theory. Ed. S. P. Lee. Dordrecht: Springer, 2007. 263-271.

Ginzburg, Karni, and Neria, Yuval. "Mental Health Interventions for Survivors of Torture: Current Status and Future Directions." Journal of Psychiatry. 219.3 (2011): 187-189.

Grady, Denis. "Tugging at Threads to Unspool Stories of Torture." 02 May 2011. The New York Times. 17 Feb 2012. <http://www.nytimes.com/2011/05/03/health/03torture.html?_r=1&src=rechp&pagewanted=all>

Harbury, Jennifer K. Truth, Torture, and the American Way: The History and Consequences of U.S. Involvement in Torture. Boston: Beacon Press, 2005.

Harris, Lasana T., and Fiske, Susan T. "Dehumanized Perception: A Psychological Means to Facilitate Atrocities, Torture, and Genocide?" Journal of Psychology. 219.3 (2011): 175-181.

Himma, Kenneth Einar. "Assessing the Prohibition Against Torture." Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory. Ed. S. P. Lee. Dordrecht: Springer, 2007. 235-248.

Human Rights Watch. When I Die...They'll Send Me Home. Human Rights Watch, 2012.

Hunt, Lynn. Inventing Human Rights: A History. New York: W. W. Norton & Company, 2007.

Luban, David. "Liberalism, Torture, and the Ticking Bomb." Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory. Ed. S. P. Lee. Dordrecht: Springer, 2007. 249-262.
Milgram, Stanley. "Behavioral Study of Obedience." Journal of Abnormal and Social Psychology.67.4 (1963): 371-378.

Murphy, Jeffrie. "Cruel and Unusual Punishments," in his Retribution, Justice and Therapy(Dordrecht, The Netherlands: Kluwer Academic Publishers, 1979) quoted in Golash, Deirdre, "Torture and Self-Defense," p. 266, found in S. P. Lee (ed.), Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory. Springer: Dordrecht, The Netherlands (2007). 263-271.

O'Mara, Shane. "On the Imposition of Torture, an Extreme Stressor State, to Extract Information From Memory: A Baleful Consequence of Folk Cognitive Neurobiology." Journal of Psychology,219.3 (2011): 159-166.

Zimbardo, Philip. The Lucifer Effect: Understanding How Good People Turn Evil. Random House, 2008.
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History

It occurs to me that one of the topics I am supposed to cover is the history of torture, and while I have covered it in several places in a very informal manner, I realized I should also cover it more formally.


Christopher Einolf provides a good overview of torture in his article, "The Rise and Fall of Torture: A Comparative and Historical Analysis," even though he limits his definition of torture beyond the definition I laid out earlier. (For example, he does not consider torture as punishment; instead he places it under the category of corporal punishment. For the most part, this does not affect his analysis for our purposes, except for the fact that he does not consider medieval torture because "pain was an incidental part of a procedure designed to ascertain God’s opinion of whether the person was truthful or untruthful, guilty or innocent" [103] and not the end goal.) I have also relied on sources such as Lynn Hunt's Inventing Human Rights: A History in presenting my timeline.

  • Ancient History: The Romans tortured citizens who committed treason, second-class citizens that committed serious criminal acts, and Christians (whom it was considered had committed treason by refusing to worship the emperor). The Greeks tortured slaves and foreigners, but torture of citizens was prohibited.
  • Medieval History: Torture was most commonly used on slaves and foreigners, but citizens could be tortured for repeated criminal acts.
  • 12th Century: Torture became more common for citizens, mostly due to a high burden of proof for criminal cases: torture was commonly used to obtain a confession so judges could make a finding of guilt.
  • 18th Century: Society begins to see torture as an incursion on an individual and not an acceptable method of finding the will of God or healing a community injured by a crime. European governments begin to completely renounce the use of torture.
  • 19th Century: Torture is illegal throughout Europe by 1851. Scholars debate whether the incidences of torture actually decreased in the 19th century, or whether our perception is that it decreased because of a lack of documentation.
  • 27 August 1874: The Project of an International Declaration concerning the Laws and Customs of War is formalized in Brussels. This establishes that Enemy Prisoners of War (EPWs) must be treated humanely.
  • 18 October 1907: Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land is signed in the Hague. This more formally establishes that EPWs must be treated humanely.
  • 20th Century: Torture is still used widely throughout the world. Torture becomes more common with the spread of communism and fascism.
  • 10 December 1948: The Universal Declaration of Human Rights is signed in Paris. It prohibits torture, inhuman, and degrading punishment without exception.
  • 1948-1949. The Geneva Conventions formalize the requirement that EPWs must be treated humanely.
  • 1960s - 1980s: Military dictatorships in central and south america use torture widely against indigenous and peasant citizens. These dictatorships are more or less supported by the United States despite their human rights violations because of they are "allies" in the fight against communism.
  • 16 December 1966: The International Covenant on Civil and Political Rights is published (UN G. A. Res 2200A). It is the first legally binding treaty that covers torture of all persons, not just EPWs.
  • 9 December 1975: The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is published (UN G. A. Res 3452). This resolution is the first to extensively discuss torture on the international level, but does not go far enough.
  • 10 December 1984: The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is signed (UN G. A. Res 32/46). It expands the Declaration and establishes the Committee Against Torture (CAT).
  • 17 July 1998 Torture is made a crime against humanity and a war crime by the Rome Statute of the International Criminal Court (A/CONF.183/9)
  • 18 December 2002: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is signed (A/RES/57/199). It establishes a Subcommittee to the CAT charged with visiting places that are still susceptible to torture and assisting states in conforming their legal codes and practices to international standards.
In his book International Human Rights, Jack Donnelley notes the increasing strength of human rights regimes around the world, starting in 1945 when virtually none existing, and running through today, when many exist for a promoting human rights on a wide variety of fronts. The history of torture is similar in that while it is still used, we have at least reached an age where there is a world-wide understanding that the use of torture is not acceptable, regardless of a person's group status (foreigner or other marginalized group) or criminal culpability (or lack thereof).


References:
Donnelly, Jack. International Human Rights, Third Edition. Boulder: Westview Press, 2007.
Einolf, Christopher J. "The Fall and Rise of Torture: A Comparative and Historical Analysis." Sociological Theory. 25.2 (2007): 101-121.

Hunt, Lynn. Inventing Human Rights: A History. New York: W. W. Norton & Company, 2007.

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Survivor


Patricia Isasa was 16 years old when she was tortured under Argentina's military dictatorship. You can watch an interview with her at DemocracyNow.org.
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What Can Be Done?

There is no "magic cure" that will abolish torture world-wide once and for all. As long as the doctrine of sovereignty dictates inter-state interactions, no one will have the ability to hold recalcitrant states accountable for their behavior, or force states to take steps to abolish torture within their borders.

However, the power of shame should not be underestimated. Many states will go to great lengths to avoid being shamed on the world stage, and as long as that is the case, ordinary citizens and Non-Governmental Organizations (NGOs) can help in the fight against torture. Two NGOs leading the fight against torture are Amnesty International and Human Rights Watch. Amnesty International in 2005 published a "12-Point Programme for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Agents of the State" that calls on states to take steps to ensure that all prisoners and detainees are accessible to international bodies, take measures to safeguard prisoners and detainees against torture and other ill-treatment, to investigate claims of torture, prosecute those responsible, and take other measures.

The Torture Abolition and Survivor Support Coalition (TASSC) also suggests steps citizens can take to support those who have survived torture and make sure their stories are heard. In particular, they urge United States citizens to petition Congress to rescind the Military Commissions Act of 2006, which defines torture as "act intended to inflict severe or serious physical or mental pain or suffering" and which permits acts that fall short of this definition.

The issue of torture will not be resolved within the next couple years, or even within the next couple of decades. It will require significant and sustained advocacy on the parts of many people--governments, NGOs, and citizens alike. Fortunately, we have already laid a significant legal and social base for the eradication of torture. We must continue to build on it until torture is outlawed in every state in the world, and those who commit acts of torture are held accountable for their actions.


DISCLAIMER:
The opinions expressed in this post are my own and are not in any way representative of the U.S. Government.
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Torture Today

Who is affected by torture?


In its 2011 report, Amnesty International Report 2011: The State of the World’s Human Rights, Amnesty International states that in 2011 they documented cases of torture in 98 out of 157 states they examined. The states on this list included some that come as no surprise such as Egypt and Iraq. However, the list also included some states that would not traditionally be expected to appear on such a list—the United Kingdom and the United States, for example. Unfortunately, we know that the U.S. has engaged in extraordinary rendition (extrajudicial apprehension and rendition, typically to a state that practices torture) in its near past, even if President Obama prohibited the practice in his 2009 "Executive Order 13491 -- Ensuring Lawful Interrogations."


It is typically very difficult to estimate how many people worldwide are affected by torture. The Bellevue/NYU Program for Survivors of Torture estimates that there are 400,000 survivors of torture in the United States alone. The Torture Abolition and Survivor Support Coalition (TASSC) estimates the number is closer to half a million. The reason it is difficult to accurately estimate is because “survivors often remain silent about their past, some out of fear or continued persecution and others because of unwarranted feelings of shame or a belief that no one would understand if they did speak about what had been done” (TASSC).


This is not surprising, because when one reads the stories of those who are tortured, it is easy for a psychologically normal person to be so horrified that one could reject the thought that human being could take such horrific actions against another human. Additionally, because often the victims are those in outcast groups—religious and ethnic minorities, the economically disadvantaged, the disabled—and the perpetrators and those carrying out the torture are frequently those that wear uniforms and have the trust and confidence of their superiors, it is very difficult for survivors of torture to approach anyone, particularly law enforcement officials, to seek justice.


The Center for Trauma and Torture Survivors of Georgia recounts the story of a 39-year-old woman who was tortured before she came to America: “I came to America feeling ashamed to talk about some of the things that has happened to me…Once I arrived here, I was afraid to approach anyone thinking that some of the same things would happen to me here as well” (CTTS, Success Stories). With so many hesitant to tell their stories, it is difficult to get a statistically significant estimate of the number of torture survivors worldwide.


Who is responsible, and are they held accountable?


TASSC emphasizes that the responsibility for torture goes beyond those who carry out the techniques. “It is TASSC’s belief that those who torture, those who give the orders to torture, and those who manufacture the implements of torture are all torturers since they are part of the torture process” (TASSC: Frequently Asked Questions). Under TASSC’s philosophy, the officials that authorize torture—for example, the CIA agents that order the Military Policemen on the night shift to “soften up” a detainee for questioning the next morning, or the officials that write the memos justifying the use of stress positions—are just as much at fault as the MPs that abuse the detainees.


Unfortunately, the 2011 Amnesty International report notes:
"On 9 November, the US Department of Justice announced, without further explanation, that no one would face criminal charges in relation to the destruction in 2005 by the CIA of videotapes made of the interrogations of two detainees – Abu Zubaydah and ‘Abd al-Nashiri – held in secret custody in 2002. The 92 tapes depicted evidence of the use of 'enhanced interrogation techniques', including 'water-boarding', against the two detainees."
Fortunately, other countries are holding their officials accountable. The 2011 Amnesty International report also highlights a landmark case in Turkey where “19 officials including police officers and prison guards [were] convicted for their part in the torture that resulted in the death of political activist Engin Çeber in Istanbul in October 2008” (38). We can only hope that this trend will continue.




DISCLAIMER:
The research and opinions contained are my own and in no way represent the U.S. Governmente
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International Law

You will be happy to know that torture is prohibited both by international law and by international custom. Specific documents that represent international custom are:


- Project of an International Declaration concerning the Laws and Customs of War (Brussels, 1874)
Article 12: The laws of war do not recognize in belligerents an unlimited power in the adoption of means of injuring the enemy. 
Article 13: According to this principle are especially ' forbidden ': ...
(e) The employment of arms, projectiles or material calculated to cause unnecessary suffering, as well as the use of projectiles prohibited by the Declaration of St. Petersburg of 1868;
Article 23: Prisoners of war are lawful and disarmed enemies...They must be humanely treated. 
- Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land (The Hague, 1907)
Annex to the Convention: Chapter II, Article 4: Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them. They must be humanely treated.
Annex to the Convention: Chapter II, Article 7: In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.  
- The Universal Declaration of Human Rights (The United Nations, Paris, 1948)
Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

- Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The United Nations, 1975)


Although the Brussels Project and the Hague Convention do not specifically prohibit torture, it is clear from these documents that Enemy Prisoners of War (EPWs) are to be treated humanely. Neither document prohibits questioning EPWs, and the Hague Convention states, "Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed" (Annex to the Convention: Chapter II, Article 9).* Although the Convention does not state which specific privileges are to be restricted, it is clear that EPWs are to be treated with respect and dignity, as befitting their personhood.

The Universal Declaration of Human Rights (UDHR) expanded the prohibition against cruel, inhuman, and degrading treatment to all persons, not just EPWs. No exception is made for the “ticking bomb” scenario. No exception is made for the gathering of intelligence in a scenario less threatening than a ticking bomb that will kill millions; no exception is made for the use of torture as punishment; no exception is made whatsoever. In the UDHR, the international community acknowledges that regardless of moral culpability, the right be treated as a person is inalienable and should never taken from a person.


So that's international custom. What about international law? I'm sure you will be happy to hear that international law, as created by legally binding treaties, is just as firmly anti-torture as international custom. The relevant documents are:



- The International Covenant on Civil and Political Rights (1966)
Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
- The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
  • The "Torture Convention" has been signed by 78 countries and ratified by 150
  • It establishes several important legal principals that I will summarize here, but you can also read the United Nation's Summary or read the Convention in its entirety.
  • It establishes the definition of torture that I have previously discussed
  • It establishes as broad of jurisdiction as possible over alleged torture in order to give states the most leeway possible in prosecuting cases (see Article 5)
  • It requires states to implement legislative, administrative, and judicial actions to prevent torture
  • It prohibits states from extraditing persons to countries known to torture
  • It requires states to investigate alleged instances of torture
  • It establishes the Committee against Torture. States are required to make initial and periodic reports to the Committee, and the Committee is authorized to make investigations into inter-state and individual complaints regarding torture.

The Rome Statue establishes torture as a crime against humanity (Article 7) and a war crime (Article 8), and prohibits the torture of EPWs (Article 8). It also prohibits the torture of a person for purposes of an investigation (Article 55).

Article 1. The objective of the present Protocol is to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.
The optional Protocol also establishes the Subcommittee to the Convention Against Torture to carry out these visits and to assist states with developing their own investigative agencies.

What is missing? Enforcement. Despite the several international treaties prohibiting torture, there is no international enforcement body that can protect victims from their states. Instead, these treaties rely on forcing states to investigate and examine themselves, and rely on their desire to save face to the international community and not be labeled as criminals. Additionally, no international enforcement body is capable of forcing a state to make compensation to a victim, as required by Article 14 of the Torture Convention.

How effective is international law? Before I discuss solutions that private citizens and NGOs can take, I will briefly discuss the prevalence of torture today.



*The Geneva Conventions later expanded this information to include a service member's name, rank, service number (Social Security Number, for U.S. service members), and date of birth.
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