About Torture

Freedom from torture is an agreed human right, as guaranteed under international law and defined by the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Nevertheless, the UN Special Reporter on Torture receives reports on acts of torture from more than 60 countries every year. In addition other sources indicate that government-sanctioned torture is committed in more than 130 countries world-wide.

Ireland ratified the UN Convention on April 11th, 2002 and is therefore legally bound by its articles.

What is torture?

The definition of torture according to Article 1(1) of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is:

Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed, or intimidating him or other persons.

Torture is therefore the intentional infliction of severe pain or suffering for a specific purpose. Whereas torture has been commonly used to obtain information or a confession, to punish, or to take revenge, it is primarily used to create terror and fear within a population. The aim of torture is not to kill the victim, but to break down the victim's personality.

What is the aim of Torture?

To destroy the identity of the individual, to humiliate, weaken and destroy the personality. The broken individual, by instilling fear, is then used to control society through debility, dependency and dread.

What kinds of torture exist?

Methods of physical and psychological torture are remarkably similar, such that one should not separate their effects from each other. Most techniques seek to prolong the victims' pain and fear for as long as possible without leaving visible evidence on their bodies. Some of the most common methods of physical torture include beating, electric shocks, stretching, submersion, suffocation, and burns. Common methods of psychological torture include isolation, threats, humiliation, mock executions, sleep deprivation, and witnessing the torture of others including family members. Rape and sexual assault are also a form of torture, and are commonly practised against both women and men during arrest or imprisonment, or during conflicts and civil war.

What is meant by inhuman and degrading treatment?

Inhuman treatment or punishment is treatment that causes intense physical and mental suffering. Degrading treatment or punishment is treatment that arouses in the victim a feeling of fear, anguish and inferiority capable of humiliating and debasing the victim and possibly breaking his/her physical or moral resistance.

What are the effects of torture?

Physical pain and scars can heal but the psychological pain and scars can last a lifetime. The effects of torture therefore can be physical, psychological, and social. In addition to the direct physical effects of torture, victims of torture can suffer from flashbacks (or intrusive thoughts), severe anxiety, insomnia, nightmares, depression, memory lapses, sexual dysfunction, and a breakdown in social relations. They often feel guilt and shame, triggered by the humiliation they have endured or by a sense that they have betrayed themselves or their friends and family. All such symptoms are normal human responses to abnormal and inhumane treatment.

Who are the victims of torture?

Victims of torture can include politicians, union leaders, journalists, health professionals, human rights activists, people in detention or prison, members of ethnic groups, student leaders, and ordinary citizens, children as well as adults. The more prominent a person is in a given society, the more likely is the effect of their torture and breakdown, going to have in subduing the society they belong to. Victims of torture do not suffer alone. In many cases, the victims' families, friends and community are also affected. Sometimes children are forced to witness the torture of their parents, or they may themselves be tortured to torment their parents. Moreover, the broader society may be indirectly affected. The release of a tortured leader back into the community sends a strong warning to others within a political, social, or religious opposition.

Who is responsible?

Torture is prohibited under international law. There are a number of international conventions and treaties which condemn torture and which place a special responsibility on governments to stop torture from taking place. The most important of these is the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). In becoming party to the UN Convention, governments have committed themselves to preventing torture in their own country, and to providing for the needs of survivors of torture. Over 130 States have ratified the UN Convention. However, torture continues to be practised regularly in up to 100 countries, including countries that are parties to the UN Convention.

Article 14(1) of the UN Convention Against Torture also states:

Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible.

The UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment imposes on Ireland legal obligations to provide services for torture survivors. This is critical if they are to begin to come to terms with their harrowing experiences and start to participate in their community and Irish society.

How prevalent is torture world-wide?

Human rights organisations have cited 125 countries where individuals have been detained and then tortured or ill-treated. It is estimated that up to 35% of refugees from these particular countries have been tortured and that 90% have witnessed or been otherwise exposed to the effects of torture. The so-called War on Terror has resulted in a significant increase in the level of torture even by countries that espouse democratic principles.

How many Survivors of Torture are in Ireland?

Between 10 to 35% of all refugees settled in Europe have experienced torture or other forms of serious violence in their pre-migratory environments. In 2002, 11,634 asylum seekers entered Ireland, if only 10% of them are survivors of torture, then over 1,130 currently need specialist medical and psychological assistance.