Torture: Is it ever justifiable - Essay Example

Also, how far can we go in their detention and torture. We shall look at two opposing scenarios, one in which absolves the prisoner of any form of torture and the other where torture is used until the required information is evicted or the penalty is handed out (Kucuradi, 54). The act of torture is proscribed in a number of international laws and treaties. Torture is prohibited as a human rights violation under the Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966), European Convention on Human Rights (1950), American Convention of Human Rights (1978), the African Charter on Human and Public Rights (1981) and so on.

These rules make it almost impossible for torture to be authorized. under any circumstance (Mackley, 28). In changed atmosphere of ever lurking terrorism torture should be sanctioned according to Mirko Bagaric and Julie Clarke in their path breaking book “When the Unthinkable is morally permissible”. Their case rests on the fact that although torture is not permissible either under the Geneva accord or the laws governing any state or country it is still practiced sometimes even surreptitiously.

The examples given include the action of the French in Algeria, US torture of prisoners in Guantanamo Bay, Cuba and so on. The eminent lawyer Alan Dershowitz opines that torture be made lawful. His theory is one of ”harm minimization” where the torture victim is afforded the least possible punishment. The Australian pair of Bagaric and Clarke argue in favor of an all out torture mechanism till the required information is evicted or the required punishment subjected additionally they want this to be legally permitted (Kucuradi, 54).

The criticisms for the stance of moderate torture such as a little torture may give way to more and life threatening torture of the suspect gives way to the argument of a