The distinction between torture and cruel, inhuman or degrading treatment.
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The present article seeks to clarify the distinction between torture and cruel, inhuman or degrading treatment. The author argues that the decisive criteria for distinguishing torture from CIDT is not, as argued by the European Court of Human Rights and many scholars, the intensity of the pain or suffering inflicted, but the purpose of the conduct and the powerlessness of the victim and that as such the distinction is primarily linked to the question of personal liberty. He concludes that the "scope of application" of CIDT is a relative concept, that outside a situation of detention and similar direct control, the prohibition of CIDT is subject to the proportionality principle. Here, only excessive use of police force constitutes CIDT. In a situation of detention or similar direct control, however, no proportionality test may be applied. Any use of physical or mental force against a detainee with the purpose of humiliation constitutes degrading treatment or punishment and any infliction of severe pain or suffering for a specific purpose as expressed in Art.1 CAT amounts to torture. (+info)
Torture in China.
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Torture and inhuman and degrading treatment of persons by state functionaries in China is documented by both international and domestic sources as being fairly widespread. It takes place in pre-trial detention as well as in prisons and labor camps. Its roots are to be found firstly in a weak legal system; the fair trail guarantees are still not observed in the Chinese legal system and the courts are not sufficiently independent from political and economic interests. Secondly, a tradition of coercion and uncontested bureaucratic power, inherited from communist and imperial times, is still alive. Thirdly, China lacks efficient monitoring mechanisms, like complaints boards and a free press. The legislation prohibiting torture is relatively clear, compared to so many other countries, but a huge gap between black-letter-law and practice mar all parts of Chinese society, including the legal procedural system. There are efforts taken by public authorities, legal professionals and activists to combat the use of torture, but these are met with opposition and inertia, especially from the police system, and there is still a long way to go. (+info)
The staying power of pain. A comparison of torture survivors from Bosnia and Colombia and their rates of anxiety, depression and PTSD.
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The article describes symptoms of anxiety, depression and PTSD among Bosnian (n=17) and Colombian (n=17) torture survivors served by the Florida Center for Survivors of Torture, a programme of Gulf Coast Jewish Family Services, Inc. Information from clients enrolled in the programme for six months or more was collated over a 14 month period in order to better prioritize and design services for the two distinct populations. On average, the Bosnians in this sample experienced torture approximately 14 years ago while the Colombians'experience was approximately six years ago. Types of torture experienced by clients are documented using HURIDOCS and the number of family and friends affected by extreme trauma are counted. Employment and education levels attained are also identified. Findings show that 100% of Bosnians are symptomatic for depression and over half possess symptoms of PTSD compared to 35% of Colombians for depression and 18% for PTSD, despite the differences in years since trauma occurred. High incidences of torture experienced by Bosnian clients and high numbers of family and friends affected support the high rates of symptoms. For the Colombian clients, high rates of employment and years of education, as well as earlier intervention, may contribute to their lower rates of symptoms. The two client groups are distinguished by the unique circumstances experienced by each, including punctuated wartime versus a prolonged insurgency, as well as the refugee versus asylum seeker experience. This exploratory project informs the torture treatment model while recognizing the importance of ethnic, political and cultural perspectives affecting the healing process. (+info)
Treatment of torture victims--a longitudinal clinical study.
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AIM: To look at the effect of physiotherapy as part of the multidisciplinary treatment of torture victims. METHODS: Monitoring of an extended, personally designed, multidisciplinary treatment of 21 torture victims, earlier exposed to both physical and psychological torture, over nine months with assessment of outcome. The physiotherapy comprised elements such as massage, exercise on land, balance training and stimulation of proprioception, all aiming at regaining body awareness. Effect of treatment was measured using the fibrositis index. Non-parametric statistics using the Wilcoxon test was applied. RESULTS: Prior to treatment the median score of the fibrositis index was 15 points (range 2-34). After nine months of multidisciplinary treatment the median score of the fibrositis index was 2 points (range 0-3415). This decrease in experienced muscle pain was statistically significant (p<0,0001). CONCLUSION: A high percentage of the torture victims in our study suffered from fibromyalgia prior to treatment. A multidisciplinary treatment involving individualised physiotherapy and psychotherapy had a significant effect on musculoskeletal pain in torture victims. Following nine months of treatment, only one torture victim in our study could be classified as suffering from fibromyalgia when applying the fibrositis index. (+info)
Documentation of torture victims. Implementation of medico-legal protocols.
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This article outlines the background for performing medical documentation in the context of a rehabilitation centre by reviewing literature and current practices. The article moreover delineates 6 ways of using medico-legal documentation in torture prevention: National legal proceedings; international legal proceedings; asylum cases; research, lobbying and advocacy activities. This article forms the basis for a Pilot Study performed at the Rehabilitation and Research Centre for Torture Victims in Copenhagen, which is described elsewhere. (+info)
Impunity or immunity: wartime male rape and sexual torture as a crime against humanity.
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This paper seeks to analyze the phenomenon of wartime rape and sexual torture of Croatian and Iraqi men and to explore the avenues for its prosecution under international humanitarian and human rights law. Male rape, in time of war, is predominantly an assertion of power and aggression rather than an attempt on the part of the perpetrator to satisfy sexual desire. The effect of such a horrible attack is to damage the victim's psyche, rob him of his pride, and intimidate him. In Bosnia- Herzegovina, Croatia, and Iraq, therefore, male rape and sexual torture has been used as a weapon of war with dire consequences for the victim's mental, physical, and sexual health. Testimonies collected at the Medical Centre for Human Rights in Zagreb and reports received from Iraq make it clear that prisoners in these conflicts have been exposed to sexual humiliation, as well as to systematic and systemic sexual torture. This paper calls upon the international community to combat the culture of impunity in both dictator-ruled and democratic countries by bringing the crime of wartime rape into the international arena, and by removing all barriers to justice facing the victims. Moreover, it emphasizes the fact that wartime rape is the ultimate humiliation that can be inflicted on a human being, and it must be regarded as one of the most grievous crimes against humanity. The international community has to consider wartime rape a crime of war and a threat to peace and security. It is in this respect that civilian community associations can fulfill their duties by encouraging victims of male rape to break their silence and address their socio-medical needs, including reparations and rehabilitation. (+info)
Torture in Egypt.
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This article is concerned with the increasing prevalence of torture in Egypt. Torture is a widespread problem in Egypt, being practiced in the majority of police stations and state security places. It has become a routine practice and is seen daily on a systematic basis. The number of people who are subjected every month to torture is unimaginable. In addition, there are deaths that occur as a result of the torture. However, the Egyptian government does not give clear answers about the issue. Everyone could be exposed to torture, and for different, illogical reasons. The case of Bany Mazar is a horribly clarifying one. The unclear political situation and the absence of democracy play the main role in the highly increasing rate of torture in Egypt. (+info)
Methods and sequelae of torture: a study in Sri Lanka.
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A retrospective study was performed to document the physical and psychological methods of torture and their sequelae on 90 victims of torture who attended the Family Rehabilitation Centres in Vavuniya, Trincomalee and Anuradhapura, using a standard assessment format. The study showed that the methods of torture practised in Sri Lanka are similar to that of other countries. The methods are physical and psychological. Being a victim of a traumatic event would be physically and psychologically stressful. (+info)