...Essay #5 In Michael Levin’s essay “The Case for Torture,” he states that most view torture as unacceptable and is rejected by our society. Levin also says that in some circumstances torture is not only necessary but also morally compelling. He recognizes that torture is unlawful but that does not matter when millions of lives may be at stake. He believes it’s a lot worse to let millions of innocents die then to just torture one guilty terrorist. Levin also makes clear that torture should not be used to punish. Levin notes the difference between the terrorist and its victim: The victim is unwillingly risking his or her life as opposed to the terrorist he or she is risking his or her life voluntarily which implies that he or she is giving up rights by committing such action. Levin also says that doing nothing to stop evil is the biggest issue. After reviewing Levin’s essay carefully I feel he does not have enough convincing information. The scenarios he uses as examples are not likely to happen in real life so he doesn’t have much credibility. Torture is defined as the intentional infliction of severe mental or physical pain or suffering by or with the consent of the state authorities for a specific purpose. Torture is often used to punish, to obtain information or a confession, to take revenge on a person or persons or create terror and fear. Some of the most common methods of physical torture include beating, electric shocks, stretching, submersion or waterboarding...
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...Solomon Honors English II May 9, 2014 Torture Used an Interrogation Strategy One of the most controversially talked about topics is should torture be used. Torture is one of the most extreme forms of human violence (Gernity). Torture dates back to 530 A.D, when Roman jurists espoused to virtues of torture as the highest form of truth (Green). Torture was a well-established American tradition (Gewen). Torture can be used to gain valuable information in a timely manner, and other countries at war will not hesitate to use torture against their enemies to gain information. American Police and the U.S. Military have tortured people to gain information and evidence even though it is technically illegal. This shows that America is willing to break laws to gain information. Cruel and unusual punishment is banned in many countries including the United States of America (Torture is a Just Means for Preventing Terrorism). The Geneva Conventions ban the use of violence to life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture (Torture is a Just Means for Preventing Terrorism). The United Convention Against Torture bans torture of all civilians, combatants, prisoners of war and terrorists (Torture is a Just Means for Preventing Terrorism). The United Nations Universal Declaration of Human Rights Article 5 states,” No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Torture is a Just Means for Preventing Terrorism)...
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...Torture Despite the strong commitments of the US legal system of torture, ever since 9/11, torture became an acceptable tool to be used. The practice of torture is difficult to address because there is not a concrete definition of what torture is. Thinking torture can be justified is not the same as thinking it is necessary. A survey posted by The Huffington Post, concluded that respondents were more uncertain about whether information gained through torturing suspected terrorists is generally reliable or unreliable. The survey also found significant uncertainty over whether the U.S. had used torture to track down Big Laden, as the new movie “Zero Dark Thirty” portrays. As defined by dictionary.com, “torture is the act of inflicting excruciating pain, as punishment or revenge, as a means of getting a confession or information, or for sheer cruelty.” However, there are many other definitions. Defined by the United Nations Convention Against Torture, torture is an act where intentional pain is inflicted on a purpose. According to the Third Geneva Convention, torture is known to cause no “no physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever”. Who draws the line as to which specific practices are harsh enough to correspond to those words? Some have suggested that torture is worse than killing, and that torturing the innocent is morally worse than murder. The most prevalent forms...
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...Hamzah Saleh We all know of the effects torture has on our physical bodies. We can see the bruises and wounds left by torture. That pain is instantaneous and even a person looking at the wounds on some one else will cringe as he tries to imagine the pain that was felt. But can torture do more than just damaging our physical bodies? Can torture also impact our minds and damage our well being psychologically? Many are surprised to find that the real pain of torture is what remains in the mind, somewhat forever. Definition of torture: First off, torture can be separated into two different categories. Physical torture, and Psychological torture. Physical torture is defined as the Infliction of severe physical pain as a means of punishment or coercion. Psychological torture is defined as the intentional infliction of suffering without resorting to direct physical violence. There have been many debates on which is worse physical? or Psychological? I’m here to say that torture is torture. It is wrong whether it is done with physical force or without. Either way it leaves a horrifying impact on the victims. Since we already know how torture can harm a person physically, I will focus on the psychological harm of torture in general. Research proves that the psychological affects of torture are greater than the physical affects. Torture has been shown to have “destructive health consequences on detainees.” Studies done on the Guantanamo Bay prisoners prove that the pain doesn’t...
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...by a specific lifestyle imposes certain conditions on humans. In this paper, I will be tackling the topic of torture and how modern civilizations cannot cope with such an idea so disastrous and humiliating to mankind. Justifying the act of torture cannot resemble but an annoying image of humanity. In what’s below, I will argue with and against the practice of torture and will come to a conclusion that no matter what, torture will always reflect negatively on the society as the only way of justifying it is through perfect knowledge of the consequences that no one knows but God. I also considered the scenario of ticket- time bomb because it is considered to be the heaviest argument that justifies torture. So, let’s see how torture isn’t justified. One night, I went into my house and saw a man, on TV, beating a defenceless tied person. The man was actually beating the guy and enjoying the extreme pain he’s suffering from. He even cut the guy’s feet with a butcher’s knife. My whole family was watching the movie. My dad seemed to enjoy the movie. My brother was just shouting for the man and encouraging him to beat the guy further. My mom had no reaction towards what’s happening. And still my sister who looked really annoyed and demanded to change the channel over and over. This gives rise to the question of whether torture should be accepted or not. And does accepting torture imply that it is justified? The movie, called “Hostel”, turned out to be talking about a group of Man hunters...
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...Torture and Ethics Paper Alfreepha Williams AJS/532 July 21, 2013 Patricia DeAngelis Torture and Ethics There are many views or definition of the word “torture”, which is often debated by many individuals. According to “International Rehabilitation Council For Torture Victims” (2005-2012), “torture is an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining information or a confession, punishing him for an act committed” (para. 2). “Torture is anguish of body or mind; something that causes agony or pain; the infliction of intense pain (from burning, crushing, or wounding) to punish, coerce, or afford sadistic pleasure; or distortion or over refinement of a meaning or an argument” (“Torture,” 2013). There are debates about torture and whether or not is unethical or a cruel and unusual punishment. People have been taught to believe that torturing a person is unacceptable and inhumane. However, the torturing of an enemy to get answers is not considered cruel and inhumane especially, when it involves saving the lives of many. This paper will analyze whether torturing enemy combatants or high-value targets violates standards of morality in an American free society. It will also examine whether the act of torture violates basic human rights and if it could have global implications, and last determine if torture may be justified under ontological, deontological, utilitarianism, or the natural...
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...Kenny Anderson Political Science Prof. Hawn 10 October 2012 Government and Torture Means of torture have been used around the world for a number of years. At one point in time it had been terminated in the United States; however, after the events of September 11, 2001, it has come back as an acceptable way to acquire information from terrorists. Torture is, according to the United Nation Convention Against Torture in 1984: “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions.” (OHCHR) This definition, regardless of any country's own rules, regulations and laws is obligatory to be carried out by all the countries. When someone is accused of being a culprit of torture, there are various credentials, which are modified to wartime situations when needed. In general to be a culprit, one must bring severe physical, mental pain or suffering upon the victim. In most scenarios...
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...current debate regarding torture being used as an interrogation measure stands whether or not forms of torture are being masked as “enhanced” interrogation techniques to extract information from suspected terrorists. The argument in Essay 161 is that waterboarding and other severe interrogation methods constitute as torture, and are not effective. Therefore, we should find alternative solutions to extract information. The argument in Essay 172 is that severe interrogation methods are necessary to save the lives of hundreds or thousands of innocent lives. Therefore, we should reject the arguments made by those against severe interrogation methods. In this paper, I will evaluate each of these arguments and furthermore say which argument is stronger with evidence. Enhanced interrogation methods refers to the U.S government’s program of systematic torture of detainees by the Central Intelligence Agency (and others) authorized by the George W. Bush administration.3 Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized suspect, causing the individual to experience the sensation of drowning. Waterboarding can cause extreme pain, dry drowning, damage to lungs, brain damage from oxygen deprivation, and other physical injuries including broken bones due to struggling against restraints, lasting psychological damage, and death.3 Whether waterboarding should be classified as a method of torture or not since it was...
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...Torture is the act of deliberately inflicting severe physical or psychological pain and possibly injury to an organism, usually to one who is physically restrained or otherwise under the torturer's control or custody and unable to defend against what is being done to him or her. Torture has been carried out or sanctioned by individuals, groups, and states throughout history from ancient times to modern day, and forms of torture can vary greatly in duration from only a few minutes to several days or even longer. Reasons for torture can include punishment, revenge, political re-education, deterrence, interrogation or coercion of the victim or a third party, or simply the sadistic gratification of those carrying out or observing the torture. The need to torture another is thought to be the result of internal psychological pressure in the psyche of the torturer. The torturer may or may not intend to kill or injure the victim, but sometimes torture is deliberately fatal and...
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...Torture and America Eric Lindsey Kaplan University Torture and America As the country goes through its tenth year of the war on terror one can look back and see some of the policy differences that has plagued this country when, as a nation, our young men are sent to war. Everything, in this author’s view needs to be on the table, and transparent. Of course, troops strength, strategy, and general war plans should be kept from the enemy, the need of informing our own people has been a tight rope that is not easy to balance on for any one person. This was especially true of the “enhanced interrogations” used by the Bush administration at the beginning of the War on Terror. What this paper plans to do is to explain the four greatest players in this policy of enhanced interrogations, what each player brought to the table, and how each player impacted the final policy of the administration. One of the biggest problems of the war on terror has been what to do with the battle field detainees. The questions faced by those in charge were, and are, how to balance the need for timely, accurate information from those that would do us harm, and still follow treaties this country is signed on to and our own law when it comes to interrogation. The 8th Amendment of the constitution reads in whole: Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted, (U.S. Const. amend. VIII) This Amendment to our Constitution is the basis...
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...PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major International...
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...“Torture Memos” The accusation of Bush administration officials of war crimes for approving torture has being raised by the International Committee of the Red Cross. Representatives of the Red Cross were permitted to interview the so called “high value” prisoners at Guantanamo Bay, which is part of the international standards for prisons. The International Committee of the Red Cross submitted a report of its findings to the Central Intelligence Agency in 2007. The report concluded that American’s interrogation methods should be categorized as torture, violating both American law and international law; the report also notifies that the abuse constituted of war crimes and threatened the highest officials of the US government of being prosecuted. Red Cross representatives were not allowed access to the actual room interrogation of high level prisoners and secret prisons, however several CIA officers confirmed parts of the Red Cross report, and a CIA spokesman confirmed to the New York Times that the Red Cross Committee’s interrogation was based on detailed legal guidance from the Justice Department of the United States. As a response to these accusations, certain memos providing the legal basis for certain interrogation techniques were released by the president Obama administration to the public eye. In a speech at the CIA headquarters, president Obama emphasized that he acted primarily because of the exceptional circumstances that surrounded these memos, particularly...
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...Human Rights: Ceasing Torture and ill Treatment “In Guantanamo, Kurnaz was subjected to abusive practices and interrogation techniques, including waterboarding, religious and sexual humiliation, sleep deprivation, and solitary confinement. Of his time in detention, Kurnaz stated that he was repeatedly made to feel less human” (Patel). This excerpt is a real life connection of torture and ill treatment. Torture is commonly overlooked due to the lack of interest and knowledge about it. For instance, “In international human rights law, torture means any act by which severe pain or suffering, physical or mental, is inflicted on a person for such purposes as obtaining information or a confession, or to punish, intimidate or coerce” (Rabbit). Basically,...
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...Among many widespread concerns about torture, one is what exactly defines it, and what specific acts are included. While Bagaric does not mention this in his argument, it is a main concern to Johnson throughout his article. Johnson describes torture as “a form of terrorism…The object of all such physical and mental torment is singularly clear: to terrify prisoners so they will yield information.” (26) Later in his article, Johnson quotes the definition of torture as defined by the U.S. Justice Department, and reads as follows: “‘Physical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.’” (27) An article in the February...
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...Renaissance Punishment/Torture Torture devices were used all throughout the Middle Ages as a way to punish criminals and get a confession from someone. The word torture comes from the Latin word ‘tortura’ ultimately deriving from the word ‘torquere’ meaning “to twist”. The torture and punishment depended on the victim’s crime and social status. Torture was the most common form of punishment in the Middle Ages, only being abolished in England in 1640. Torture reached its peak around the 12th century. From the mid-18th century it was the most common method used and was allowed by the Roman Catholic Church. Torture wasn’t exclusively for criminals, it was also used by the Knights Templar, a member of a religious and military order founded by Crusaders in Jerusalem about 1118 and suppressed in 1312; the Spanish inquisition to punish a person who speaks disrespectfully of sacred things, and liars. The well-known torture devices are the Head Crusher, Cat’s Paw (or Spanish Tickler), Knee Splitter, Scavenger’s Daughter, Judas Chair, Spanish Donkey, Choke Pear, Lead Sprinkler, Breast Ripper, and Crocodile Shears. With the Head Crusher the device was a helmet like hat they placed on top of the victims head and the chin was placed above a metal bar, then the device would slowly turn compressing the skull tightly. First the teeth are destroyed, shattering and splintering into the jaw. Then the eyes are squeezed from the sockets. Lastly the skull fractures and the contents of the head...
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