June 26: International Day in Support of Victims of Torture
Addressing the idea that some torture might be OK, Alex Neve's presentation was entitled: Absolute Protection: No Matter Who, No Matter Why, Torture is Never Justified.
Neve acknowledged that June 26 is a very important day for those of us who are very concerned with human rights. "Torture is a plague - a ravaging, painful, despicable plague that after centuries and centuries still haunts our world."
Citing an Amnesty International study, Neve noted that 150 countries practice torture, representing three-quarters of the planet's states. In half of these countries, torture is not just occasional, but is widespread, pervasive and systematic. In 50 countries alone, children are also tortured. Therefore, it is no surprise that we say to States to commit to eradicate and abolish torture both within their borders as well as in other countries. This involves campaigns for law reform, political action and public education, among other things.
There have, of course, been some positive developments over the course of years. Torture has been universally banned in all human rights treaties, international and regional. Nationally, this has occurred through banning in constitutions, and in addressing impunity to bring torturers to justice. There is also recognition of universal jurisdiction - that this is a shared global duty. This all sounds promising, but the numbers and prevalence of the practice must bring us back to earth. There is a world-wide gap between promises and reality. Given that gap, the emerging debate regarding torture and security is all the more worrying. It appears that governments have seized the argument that torture may occasionally be justified, as the reports of the treatment of US detainees seem to indicate.
The response to these allegations by accused governments have been to deny, dismiss or ignore, or to distinguish it: to call it other than torture (Neve extensively quoted from a Time magazine article "Why They Crack", which described various techniques used in interrogation). Basically, the argument is that this kind of treatment is OK, since it doesn't involve actual physical torture. There are growing suggestions that society should "bite the bullet" and recognize that in some cases, torture may simply be necessary as exemplified in American lawyer Alan Dershowitz's promotion of torture warrants. Canada has shown an unwillingness to take a firm stance on torture in immigration cases, especially in regards to security cases.
This kind of argument is essentially a variant on the scenario where police has a person in custody who may have information that would save many lives. Is it justified then, to save lives through torture?
"No," Neve firmly stated, "we must resist and not allow it for three reasons:"
- Torture is simply wrong
We must resist attempts to justify torture because we must. The 1948 Human Rights Declaration has no except... unless... or this does not apply when... To respond to terrorism with the terror of torture simply fuels and continues the horrible cycle where violence meets with violence.
- Where would we ever draw the line?
Can we also torture family members, friends and neighbours of the individual? These lines are never drawn. The use of torture is not defined or limited, but it grows and expands. Once we allow torture, it knows no bounds.
- The theory that it helps law enforcement is simply fallacious and false.
You don't get good or reliable information by beating it out of someone. People will say anything; finger anyone to stop the horror. Or it may even strengthen their resolve not to provide information. Torture detracts from good information. Torture does not enhance security, it simply tortures.
One reason why torture continues to be practiced is that it takes place in secret. Therefore, we must bring it out of places of secrecy with the establishment of initiatives such as the new International Committee with wide powers to inspect places of detention. In December 2002, the United Nations agreed to this, but no one has yet signed on to it. We must convince our governments to sign on. Neve noted that the indications are difficult with the Canadian government who are using arguments of complexity, constitutional issues and jurisdiction to hamper or delay ratification.
Neve ended his presentation with this statement: "Now is the time not to consider opening up exceptions [to the prohibition of torture], but to double, triple and quadruple our efforts to bring this to an end!"
