Can torture ever be acceptable in democratic civilized society - Essay Example

?Torture in Democratic Civilized Society Introduction This present political essay is based on the issue of torture and the main objective of the essay is to establish whether torture can be accepted in democratic civilized society. The term torture is described under the 1984 United Nations Convention against Torture as the act whereby severe suffering or pain is inflicted on a person either through mental or physical means. The convention further stated that the perpetrator of the torture usually act intentionally and with the main of aim of punishing a victim or obtaining information or a confession from the victim. The essay will begin with a critical analysis on the issue of torture, the different types of torture, and cases of torture. Lastly, the essay will state whether torture can be accepted in democratic civilized societies. Torture With reference to the writings by Reddy (2005), he described torture as the act of inflicting physical pain and possible injuries to a person using a variety of methods that also include psychological methods, moreover, the perpetrator of torture can be an individual, group, or the state. Levinson (2006) stated that torture is commonly used as an interrogation tactic aimed at obtaining information from the victim. Secondly, it is used as form of punishment, revenge, deterrence, and political re-education, and thirdly, it is used to forcefully obtain information from the victim who is suspected to be withholding vital information. Lastly, Parry (2010) stated that torture is also applied for sadistic gratification for the perpetrator or the person observing. Acts of torture differ on the techniques applied, the tools that are used, and the duration it takes, and even the overall objective of the torture process. According to the writings by Scott (2003), he wrote that the acts of torture have been pre-existing even in the biblical ages and in fact, Jesus himself underwent serve torture whereby he was thoroughly beaten and nailed on the cross, and then left to die. The act of crucifying Jesus is perhaps among the most documented forms of torture in the biblical ages whose main intent was to coerce Jesus into proclaiming that he is not the son of God. Harbury (2005) wrote that in the modern era torture had been usually common in the correctional system, whereby prisoners were subjected to corporal punishments, which were stipulated by judges in the form of strokes. Torture in the prisons were usually meant to punish the prisoners for the crime they did or coerce them into giving additional information that will help law enforcers to solve other crimes connected with the prisoner. Different types of torture Scott (2003) in his studies wrote that the simplest form of torture is the starvation of a person by intentionally denying him food and water. This form of torture is used to push the victim to his last brink in order to break him down and obtain crucial information from the victim. Secondly, torture can be in the form of severe beating of a person using different objects, holding the breath of a person, use of electric shocks on a person, burning of person, pouring of corrosive or hot liquid on a person, cutting the person bit by bit, or chopping of some body parts. James (1998) stated that the perpetrators of torture also use psychological methods to torture a person and this could include simply informing the victim of the different forms of physical torture that could be applied on him or her. Other methods of psychological torture include using insulting words on the victim or violently reminding the victim about experiences that were also torturing to him or her. According to Levinson (2006), among the most common instruments of torture, include rack, iron chair, breaking wheel, electroshock weapon, wooden horse, tongue shredder, breast ripper, and choke pear, among others. Cases of torture In the past two decades, cases of torture have significantly declined and this could be attributed to increased pressure from the civil society who document and agitate against acts of torture, especially those perpetrated by the state agencies or organized gangs. Elihu (2002) attributed the decline in the cases of torture in the 21st century to the implementation of international law and national laws that prohibit against torture. An example of an international law that prohibit against torture is the article 5 in the United Nations Declaration of Human Rights, which prohibit torture within the signatory or member states. Secondly, the United Nation Convention against Torture is also another form of international law that prohibit against torture. However, Yee (2004) lamented that majority of the democratic civilized nations are the only ones that have so far abided by these international laws against torture while there are some non-democratic nations that still openly practice the acts of torture especially on political prisoners. For example, McCoy (2012) wrote that in the recent Arab uprising in countries such as Yemen, Tunisia, Egypt, and Libya there were widespread cases of torture against certain pro-government supporters and even the opposition supporters. Moreover, McCoy (2012) added that presently in Syria, there are heinous acts of torture being committed by the Assad regime against the opposition protestors, and there are even speculations that President Assad could authorize the use of chemical weapons against the opposition protestors. As for the democratic nations such as the United States and the United Kingdom, McCoy (2012) lamented that they have also been accused of committing torture more so in the pursuit of terrorism leads. For example, the United States have been accused of using the Guantanamo bay prison in Cuba as a torture camp for terrorism suspects while the United Kingdom was accused in 2011 for jointly colluding with the Libyan government in committing torture in order to help in gaining leads against terrorism activities. It is of essence to note that most states such as the United States and the United Kingdom have been accused of committing torture mostly on only terrorist suspects and this was justified by the urgent need to stop any possible terrorist attack that was being planned. Torture in democratic civilized societies According to Franklin (2009), democratic civilized nations have only been known to engage in the acts of torture when it is necessary and it can help in saving innocent lives. However, this justification has repeatedly been refuted because of the fact that through torture it is widely known that a victim usually tells the perpetrators what they want to hear in order to save himself or herself from the pain or suffering (Franklin, 2009). In this regard, both the United Kingdom and the United States have jointly enacted laws that prohibit against the inclusion of evidence obtained through torture of the suspect. For example in 2008, the prosecutor at the Military Tribunals at Guantanamo, Ms Susan Crawford declined to refer the case against Mohammed al-Qahtani for trial because the suspect was tortured to give evidence. In 2010, a New York court acquitted Mr. Ahmed Ghailani who was a terrorist suspect of 280 charges citing that evidence was obtained from him through torture. The acquittal of Ghailani by the New York court also excluded a crucial witness whose identity was obtained through the torture of Ghailani (Parry, 2010). According to Parry (2010), the probation of inclusion of evidence obtained through torture in the courts of law in democratic civilized societies denotes the fact that torture is not accepted within such societies since confessions or evidence obtained through such acts are inadmissible in the courts of law. Secondly, Donnelly and Diehl (2011) stated that torture is not accepted in democratic civilized societies because such societies adhere to human rights laws and discourage against any form of human rights abuse. Therefore, since torture is considered as an inhumane and degrading act that violates human rights it cannot be tolerated in democratic civilized societies. Thirdly, Vreeland (2008) stated that in democratic civilized societies citizens have freedom of speech and hence it will be a violation of their own right, which is guaranteed to them by the national constitution, if they are forced to speak through the acts of torture, whilst the victim has a right to remain silent if he or she so wishes. Therefore, in actual sense torture cannot be accepted in democratic civilized society since it denies the victim their right that is guaranteed under the national constitution. Fourthly, Vreeland (2008) stated that democratic civilized societies have respect for human life as well as human dignity and hence they cannot tolerate acts of torture, which deny the victims their self-respect and dignity. Conclusion Torture is an inhumane act that serves its purpose only in societies that do not enjoy full democracy and civilization. The essay has established that it indeed the practice of torture can be traced back to biblical ages and even before the 21st century many states used to practice openly the acts of torture more so in the correctional facilities, with the main aim of solving or deterring crime. However, with the increased calls for respect to human rights, most democratic and civilized nations have abolished the formal use of torture and even the law courts discourage such practices by excluding any evidence that has been obtained through the acts of torture. In conclusion, it can be stated that democratic civilized societies naturally have a strong respect to human rights and therefore torture cannot be accepted. References Donnelly, M. and Diehl, D. (2011) The Big Book of Pain: Torture & Punishment Through History. U.K: The History Press Elihu J. (2002). Greenwood International Law Reports, Australia: Cambridge University Press Franklin, J. (2009). Evidence gained from torture: wishful thinking, checkability and extreme circumstances". Cardozo Journal of International and Comparative Law 17 (2): 281–90 Harbury, J. (2005), Truth, Torture, and the American Way: The History and Consequences of U.S. Involvement in Torture, Boston. U.S: Beacon Press James, J. (1998) "The Science and Politics of Rehabilitating Torture Survivors," in Caring for Victims of Torture, Amer Psychiatric Publications Inc. Levinson, S. (2006). Torture: A Collection. USA: Oxford University Press, McCoy, A. (2012). Torture and Impunity: The U.S. Doctrine of Coercive Interrogation (Critical Human Rights). U.S: University of Wisconsin Press Parry, T. (2010). Understanding Torture: Law, Violence, and Political Identity. U.S: University of Michigan Press Reddy, P. (2005). Torture: What You Need to Know, Canberra, Australia: Ginninderra Press,. Scott, R. (2003). History of Torture Throughout the Ages. Montana, U.S: Kessinger Publishing Vreeland, R. (2008). Political Institutions and Human Rights: Why Dictatorships enter into the United Nations Convention Against Torture. International Organization.  62(1): 65–101. Yee, S. (2004). International crime and punishment: selected issues', U.S: University Press of America, Read More