What constitute torture - Research Paper Example

? (Assignment) What Constitute Torture? Introduction According to the most accepted definition, torture is an act which is deliberately inflicted on a person with intent to creates severe pain and suffering; physically or mentally. The very common purposes of inflicting torture are to elicit information or a secret, to punish or as an act of intimidation or coercion. While the physical impact of torture ranges from death to fractures, neurological disorders and musculoskeletal problems, the psychological problems associated with torture are depression, fear, shame and the feeling of worthlessness. The only parallel that can be drawn in all the cases of torture is the presence of elements like vengeance and the need to demonstrate power; and most importantly, there is no considerable decline in the savagery of the methods used till now. A comparison of the past and present Let us look into a description of the nature of torture inflicted on a captive by the Aztecs in Mexico. In the words of Scott, “the captive was stretched on his back at full length upon the sacrificial stone. The executioner, using a sharp-edged instrument, slit open the breast of the victim, inserted his hand through the wound, and tore out the warm and palpitating heart” (Scott, 35-36). Before reprimanding the old-age relics for the savageries, one should pause for a moment to look into this modern day incident. In China, several Falun Gong practitioners were tortured in Jinzhou Prison. The prisoners were beaten using electronic batons and were made to hold stools even up to eleven days. There were even reports of sexual abuse, forced-feeding, stress positions and even there are allegations of organ harvesting. Now, is it easy to reach a conclusion? One has to admit, though reluctantly, that modern man, in no way, has gone down in the severity of torture inflicted on fellow-beings. Though torture was more of physical nature among the ancient civilizations, in the modern days, the concept is to use methods that are devised to have both mental and physical impacts. In the ancient and Classical Antiquity, torture took place as a part of rituals and even for fun while in the modern times, torture is mainly used as a means of applying disciplinary power and its main purposes are to cure the ill elements and to eliminate those incurable ones, and there is always state supervision. Torture among the ancient civilizations As already said, there is scarcely any primitive civilization that did not use torture either as a part of their religious rites or as a part of social discipline. It was even visible in their theosophic and initiatory rites. In most societies, it was not only the captives who were tortured, but even the members had to undergo such torturous activities very often. Scott (37) writes about the practice of mutilation of genitals seen among the Australian Blacks which was done on both males and females on attaining puberty. In addition, the ones to be eliminated from the society were exiled, who, in the wilderness of jungle without any help, were sure to meet imminent death. However, the captives in such civilizations used to meet the most dreaded death. Some such tortures included removing body parts including eyes, hands and legs and eating them in front of the victim, frying the victim alive and even taking internal organs out when the person is alive. In total, the ancient civilizations are well known for their stoic attitude, apathetic reaction to death and lack of regard for suffering. As time progressed, the nature of torture became more sophisticated and even a way of entertainment for the powerful as is evident from the Classical Antiquity. Torture in Classical Antiquity If somebody is ready to believe that the ancient savages were more barbarous and cruel than the civilizations followed a glimpse into the Roman and Greek empires would stop them instantly. While for the primitive torture was a part of their cultural and religious life and something they even inflicted on themselves, for the Greek and Roman empires, it was a means to impose power, and surprisingly, a way of entertainment too. Stoning and crucifixion were very common and such tortures were conducted publicly aimed at deterring other criminals. It is worth noting here that they were well aware about the psychological impact of torture; something lacked in the primitive societies. It was common for Roman emperors to conduct public manslaughters for entertainment and the Colosseum is mute witness to the killing of innumerous war prisoners, criminals and slaves by hungry wild animals. However, the following period brought a ray of hope as people became more aware about human rights and honor. Church and torture Denying the role of Church in torture over this period will be a harsh injustice as it had had the pivotal role in inventing and implementing newer ways of torture. The Church too adopted the Roman law of torture and confiscation of property against heresy and blasphemy, thus eliminating enemies and satisfying the need for money simultaneously. The fate of Waldenses sect is a perfect example of this cruelty. The tortures were surprisingly cruel in nature including amputation, rape, crucifixion, beheading, and placing ‘small bags of gunpowder in the mouths and then setting fire’ (Scott, 57). Then, the cruelty continued through Holy Inquisitions under Pope Innocent III throughout Europe till the coming of Napoleon to Spain in 1808. However, the wake of Enlightenment in the eighteenth century witnessed a ‘growing moral sense of human dignity and value’ (Peters,76). Improvement through Enlightenment Cesare Beccaria, in 1764, fought against the torturing of witnesses and suspects and he opposed brutal punishments. There was also an argument to stop capital punishment. The same ideologies were visible in the teachings of Voltaire, Hobbes, Locke and Rousseau. Thus, the situations seemed more or less secure in the last two centuries. But a look into the modern day stories of torture will prove undoubtedly that understanding the enormous potential of torture in breaking a man psychologically, modern man, surprisingly nations, are devising newer ways of torture which create more mental agony than the ancient savages could, but having no physical evidence, thus escaping the scope of definitions. Modern day torture in law enforcement An overview of the present world and torture it uses will clearly state that the modern man in no way has lessened the severity of torture. While the primitive was driven by ignorance, the Modern man is led by negligence. KUBARK, the first manual by CIA on interrogation techniques effectively supports ‘using physical or psychological means to ensure compliance with direction’ (Elliston). In addition, interrogators are directed to get prior permission of higher authorities if there is a need to inflict body harm, or if chemical, electrical or medical things are to be used. Some other very common techniques that are used presently are mentioned in the International Review of the Red Cross. They are submarino, chiffon (creating the feeling of drowning in water), exploitation of phobias and the fear of sexual abuse which gives birth to shame and guilt, sleep deprivation, solitary confinement and many more (Reyes, 609-612). A lot of declarations and directives were made in the recent past against torture but did not help in improving the situation. Article 1 of the Declaration against Torture adopted by the General Assembly of the United Nations states that “torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed, or intimidating him or other persons” (Article 1, Resolution 3452 (XXX) of 9 December 1975). But again it opens up the avenue providing that there are exceptional situations like political instability, or a threat of war which may justify torture thus proving that the survival of all modern governments depend on effective application of torture. Psychological aspects of torture The psychologically devastating effect of torture is evident from the fact that many end their lives before falling prey to their torturers. Such events were very common in Roman gladiatorial contests and Holy Inquisitions of the Church. Torture, in all forms, is a highly effective weapon to destroy the will power of a person (Scott, 30). Some very common psychological tortures include prolonged sleep deprivation, isolated confinement, witnessing the torture of family members and sexual and cultural humiliations. As Reyes (605-612) describes, the effects are very complex on the tortured and difficult to explain but some of them are re-experiencing the trauma including flashbacks and nightmares, tendency to avoid the past memories, irritability, anxiety, depression and totally indifferent behavior. Conclusion From the above analysis, it is very evident that the tendency to torture is inherent in human nature and has been a part of human civilization since the dawn of humanity. While the savages of the past only had it as a part of their trait as something with a positive survival value, the modern civilization well understands its implications and still, slightly deviating from imposing physical torture, concentrates on inflicting mental torture. Works Cited “Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”. Adopted by General Assembly Resolution 3452 (XXX) of 9 December 1975. 28 Jan 2011 Elliston, John. The CIA’s Secret Manuel on Coercive Questioning. Interrogation. Parascope, Inc. 1997. Web. 28 Jan 2011 Peters, Edward. Torture. Philadelphia: University of Pennsylvania Press, 1999. Print. Reyes, Hernan. ‘The worst scars are in the mind: psychological torture’. International Review of the Red Cross, Volume 89, (867) Sept 2007, pp.609-612. Scott, George, R. The History of Torture throughout the Ages. New Delhi: Cosmo Publications, 2005. Print. Read More