[Anyone] Stand Against Torture
Thos Myers
totem at laplaza.org
Tue Mar 11 18:43:56 MDT 2008
On Mon, 10 Mar 2008, Mike in Taos wrote:
>
> Can you imagine the torture that Mary JO Kopechne suffered when Ted Kennedy swam away from the car he drove off the bridge in Chappaquiddick leaving Mary Jo Kopechne to suffer a horrible death but I guess manslaughter is okay if your a Kennedy.
Some clarity for mikeintaos so that he can understand the deifinition of
torture and not be confused any longer:
"------------------------------------------------------------------------
Q: What is torture?
The Convention against Torture defines torture as "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." (Art. 1). It may be "inflicted by or at the
instigation of or acquiescence of a public official or other person acting
in an official capacity."
The prohibition against torture under international law applies to many
measurese.g. beating on the soles of the feet; electric shock applied to
genitals and nipples; rape; near drowning through submersion in water;
near suffocation by plastic bags tied around the head; burning; whipping;
needles inserted under fingernails; mutilation; hanging by feet or hands
for prolonged periods.
International law also prohibits mistreatment that does not meet the
definition of torture, either because less severe physical or mental pain
is inflicted, or because the necessary purpose of the ill-treatment is not
present. It affirms the right of every person not to be subjected to
cruel, inhuman or degrading treatment. Examples of such prohibited
mistreatment include being forced to stand spread eagled against the wall;
being subjected to bright lights or blindfolding; being subjected to
continuous loud noise; being deprived of sleep, food or drink; being
subjected to forced constant standing or crouching; or violent shaking. In
essence, any form of physical treatment used to intimidate, coerce or
"break" a person during an interrogation constitutes prohibited
ill-treatment. If these practices are intense enough, prolonged in
duration, or combined with other measures that result in severe pain or
suffering, they can qualify as torture.
The prohibition against torture as well as cruel, inhuman or degrading
treatment is not limited to acts causing physical pain or injury. It
includes acts that cause mental sufferinge.g. through threats against
family or loved ones. As the U.S. Supreme Court has recognized, "coercion
can be mental as well as physicalthe blood of the accused is not the only
hallmark of an unconstitutional inquisition" Miranda v. Arizona, 384 U.S.
436, 448, (1966) citing Blackburn v. State of Alabama, 361 U.S. 199
(1960). As discussed below, the use of mind-altering drugs to compel a
person to provide information would at least amount to inhuman or
degrading treatment under the Convention against Torture.
"
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