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Prisoner Torture - Research Paper Example

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The United Nations convention against torture and other cruel, inhuman or degrading treatment or punishment defines torture as “any act where severe pain or suffering, whether physical or mental is deliberately inflicted on a person with intention of obtaining from him or a third person information or a confession” (Paust, 2005, p817)…
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Prisoner Torture Research Paper
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"Prisoner Torture"

Download file to see previous pages In spite of the severe implications that the technique has on the criminals or the suspected offenders, torture is legally accepted in many countries as a way of extracting confession and preventing crime (Paust, 2005, p821). Regardless of the level of the crime that a person has committed, it is unacceptable to use torture methods as a way of obtaining confession from the captive because it is a violation of human rights in addition to being ineffective and against religious beliefs. Any form of torture is a violation of human rights. According to Alfred (2006, p 62), prisoners retain their human rights and the basic freedoms with exception of the conditions presented by the environment within the areas of incarceration. However, the conditions of the incarceration should not exacerbate the suffering that is inherent in the prison. Torture is one of the most common methods that violate the fundamental human rights of the prisoners. However, the international law provides protection to all prisoners against any form of torture by prohibiting the practice. According to Alfred (2006, p69), the prohibition is an issue of jus cogens, an authoritative standard of the international law custom that bids all countries in the world. ...
This is totally unacceptable because unlike other forms of human suffering, authorized persons carry out torture deliberately. In this respect, the most important aspect of torture is not only the pain, but also the fact that it is intentionally inflicted on a person to achieve a particular objective including obtaining confession from a person. Other forms of torture include deprivation of basic needs such as sleep, food and other necessities, which result to a lot of pain or suffering to the deprived person (Basoglu, 2009, p137). Although the immediate effect of torture is physical and mental suffering, Basoglu (2009, p 143) noted that another immediate impact and objective of the practice is to break the spirit or resoluteness of a prisoner. Torture is structured to demolish the identity of a strong person, making him or her conform to the ideologies of particular leader in authority. Autocratic and intolerant regimes in different countries apply torture to silence opposition, union, ethnic and leaders of the minority groups into submission. This treatment is violation of the Universal Declaration of Human Rights, which articulates the basic rights of people in 30 articles. Torture violates human rights because it lowers the dignity of the prisoner and it threatens his right to life, freedom and security by inflicting mental and physical pain. Moreover, the universal declaration of human rights prohibits any form of cruel, degrading and inhuman treatment (Parry, 2003, p241). One of the most repugnant characteristics of torture is that it erodes the dignity of one person by another (Lawrence and Travis, 2004). Torture, is a form of asserting authority and control by inflicting ...Download file to see next pagesRead More
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