Government and Torture

Torture is something that is known as wrong internationally. Torture is “deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting on the orders of authority, to force a person to yield information, to confess, or any other reason” (World Medical Association, 1975, pg.1). There is a general consensus that there is a right to be free from any kind of torture as it can be found in many different human rights treaties around the world. The treaties show that all of the thoughts about torture are pointing away from the right to torture someone no matter what the case

“Torture and abusive interrogation tactics are illegal under both U.S. law and international law. Torture is prohibited under federal law, as are lesser forms of detainee abuse such as cruel, inhuman, or degrading treatment.” (Human Rights First)

Torture is known as the intentional infliction of either physical or psychological harm for the purpose of gaining something – typically information – from the subject for the benefit of the inflictor. Normal human morality would typically argue that this is a wrongful and horrendous act. On the contrary, to deal with the “war on terrorism” torture has begun to work its way towards being an accepted plan of action against terrorism targeting the United States. Terroristic acts perpetrate anger in individuals throughout the United States, so torture has migrated to being considered as a viable form of action through a blind eye. Suspect terrorists arguably have basic human rights and should not be put through such psychologically and physically damaging circumstances.

There are different laws over all countries that control by every government in the world. For those who is a criminal or a prisoner, their country’s government has different laws of punishment to punish them. Torture is one of them. The function of torture is to force someone to say something and as a punishment. Torture is unacceptable which I disagree on which it is an action of inhumanly.

There are some that do not constitute the United States ' treatment of the prisoners at Abu Ghraib and Guantanamo as torture because there were different definitions of the word. According to the Third Geneva Convention, torture is defined as "acts of violence" and "any act by which severe pain or suffering, whether physical or mental is intentionally inflicted." After the September 11, 2001 attack, the United States changed its definition of torture to "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." To be regarded as torture, the act "must cause some lasting, though not necessarily permanent damage." Some disregard these acts as simply cruel treatment and do

The subsequent case study, prepared by James P. Pfiffner, Torture and Public Policy, (2010) analyzes the torture and abuse of war prisoners by United States military personnel in Abu Ghraib, Iraq, and Guantanamo Bay, Cuba, following photographs of the abuse spread around the world in the fall of 2003. Pfiffner points out that the United States Military, Secretary of State Donald Rumsfield, and President George W. Bush assumed a role in the events leading up to the exploitation, even though it has never been corroborated that President Bush or Secretary of State Rumsfield directly condoned the abuse.

The Eighth Amendment of the United States Constitution says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The fundamental idea of torture is to inflict mental or physical pain onto a suspect to coerce them into revealing information we desire. This tactic is illegal because it violates the Constitution, and in addition, it violates international agreements that our nation has committed itself to. The general provisions of the Geneva Conference of 1949 prevent the use of torture in warfare; the document specifically outlaws “Outrages upon personal dignity, in particular humiliating or degrading treatment…” By violating these laws, particularly the Constitution, our nation

According to Joycelyn M. Pollock, torture is defined as the deliberate infliction of violence and, through violence, severe mental and/or physical suffering upon individuals. Torture, according to Christopher Tindale as quoted in Torture and the Ticking bomb by Bob Brecher,

Torture is commonly practiced all over the world, but most notably in the Guantánamo bay detention center in Cuba. It is most commonly used on prisoners of war to obtain useful enemy information, but it is not limited to that as it is practiced in normal prisons and jails. After experiencing torture, people don’t possess the same mindset. These (cruel ) sessions of

Another player in this global debate of enhanced interrogation is the United Nations itself. In May of 2005, the UN issued an 11 page panel report on the adhearance of the United States to the anti-torture treaty. In the report the UN said that the United States should stop the process of enhanced interrogation saying that it was “nothing more than torture”. The US should stop its interrogations of civilians in Iraq and Afghanistan by military and civilian staff and prosecute any staff found to have used any of the techniques specific to the enhanced interrogation. The UN report stopped short of admonishing the United States as the US “has a very good record on human rights” , (19 May 2006) Torture was banned by the UN in 1948, in its Universal Declaration of Human Rights of which not only is

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. (85)

Torture has been used throughout history to obtain pertinent information from terrorists of the state by using many different techniques both physical and emotional. The definition of torture as it pertains to gaining information is 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” according to the Convention Against Torture. The legality of torture has been discussed within the international community multiple times creating multiple treaties. Such treaties came from the Geneva Convention and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. While the countries who sign these treaties have an obligation to create effective legislation against the torture of terrorists, some countries still skirt around the international laws. The United States has used torture in the recent years to obtain intelligence from suspected terrorists. The moral dilemmas behind these actions are controversial and are debated whether or not such actions should be used to achieve information. While some organizations believe the torture of terrorists is beneficial to the United States, torture is immoral, unjust, and should not be used by any organization or state to achieve its goals. The basis for the argument against torture can be affirmed using well known and accepted moral understanding from known

Torture, being defined by the 1984 Convention Against Torture is the “cruel, inhumane, or degrading infliction of severe pain or suffering, physical or mental, on a prisoner to obtain information or a confession, or to mete out a punishment for a suspected crime” (Beehner), is condemned and considered illegal by the United States of America and carries severe punishment for those that carry out the act. Yet the numerous amounts of maltreatment of the detainees held by the US during the War on Terror has led to humanitarian interference and, more notably, concern from the United Nations assembly. The most prominent facility in which these detainees are being held is the Guantanamo Bay Detention Camp, a site used for indefinite detention (mostly without trial), yet other secret prisons (operated by the CIA) are scattered about the world, which are also used for “enhanced” interrogation purposes.

Since the beginning of ancient times, torture has been utilized for gaining information from persons of interest. It “refers to the use of various techniques designed to inflict extreme physical pain, psychological distress, or both” (Torture and Interrogation). Its goal is to strike fear, punish for crimes, or collect significant information. In the past, torture during war spurred the Geneva Conventions, a sequence of treaties that established global laws, prohibiting the act of torture on prisoners of war. Even though these laws forbid the use of torture, some countries still “reserve the right to use torture in

In the United States legal system, torture is currently defined as “an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control.” as defined by Office of the Law Revision Counsel, U.S. House of Representatives (US Code, 1) Though this is a seemingly black and white definition, the conditional “…other than pain or suffering incidental to lawful sanctions…” have led many to question what precisely this entails. In other words, what are the lawful sanctions that permit such acts? Are they ethically right? Where is the line drawn as torture