- Free Essays, Term Papers & Book Notes

Us Torture Techniques Violating the Law

By:   •  Essay  •  1,893 Words  •  January 16, 2010  •  607 Views

Page 1 of 8

Join now to read essay Us Torture Techniques Violating the Law

Human rights are the fundamental characteristic of human beings, which gives them a unique status, despite any legal jurisdiction or other restrictive factors, such as ethnical identification or nationality. These basic human rights principles are based on natural human distinction, which preserves their universal and absolute nature. Human rights are legally defined in international law and municipal law.

Human rights legislation includes several different categories, which are binding for almost all countries of the world. The two most important types are the security rights and due process rights. “Security rights protect people against crimes such as murder, massacre, torture and rape” and maintain the peaceful order in a given country. “Due process rights” preserve the persons’ rights of fair trial and protect the individuals from certain legal systems’ abuses.

International human rights instruments are implemented in order to monitor the states’ behavior concerning human rights, as well as to apply specific sanctions and regulations to the states violating the basic human rights. These instruments are organized into declarations and conventions. The Universal Declaration of human rights (1948) is the most significant document of the International preservation of human rights. Its main goal is to protect the people, by the rule of law, from discrimination, torture and all other kinds of human rights abuse. Moreover, the Declaration states that all people are equal and must be treated the same way before the law. The individual rights must be guarded in order to preserve the peace and welfare of the nations.

As entering the era of world terrorism, human rights abuses are a common practice used in the suspects’ interrogations. “Extra-ordinary rendition” program is used as one way of retrieving information, even though it is considered as an extra-judicial procedure. According to Article 5 of the Universal Declaration of Human Rights, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. This legal source of the International law is clearly defining the “torture” as an illegal instrument that violates the basic human rights. The use of torturing techniques extremely contradicts with the principles of humanitarian law and human rights preservation. Using people’s pain and suffering for obtaining information is absolutely illegitimate and should be prevented in order to comply with the democratic principles and regulations. Moreover, Article 2 (1) of the “United Nations Convention against torture and other cruel, inhuman or degrading treatment or punishment” (UNCAT) states that “Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction”. Even though many countries have ratified the Convention, and officially banned torture, it is still doubtful whether “de facto” the counties are following the legal frames of the Convention.

An interesting example is the Guantanamo Bay detainment camp of the USA, where prisoners are treated with severe coercive practices. This brutal behavior has been recognized as “torture” by many international organizations, such as “The United Nations Commission of Human Rights”, “Amnesty International”, “Human Rights Watch”, and the “International Committee of the Red Cross”. However, the use of torture is condemned also as its illegal status, and the unreliability of the information derived through the use of painful and live-threatening techniques.

Obviously, it is absolutely right that torture is immoral and illegal in its essence, and must not been used in the modern time of civilized societies. Even though, many countries are still practicing it by covering this dehumanizing practice with secret names and special places, which are not familiar to the public.

“Rendition” is the CIA’s accepted term for the transferring of arrested terrorist suspects to other counties for questioning. CIA is sending alleged people to Jordan, Egypt, and other Middle Eastern countries, because they will be tortured there and pressured to give specific information, which could not be provided in any legal way of questioning. Of course, the Bush administration is completely denying that they are using torture in its interrogations of suspected terrorist group members. The Bush administration also declares that the USA’s treaty commitments to cease from brutal, ruthless, and humiliating behavior do not apply to the manner of nonmilitary U.S. persons interrogating non U.S. citizens outside the USA. Even though there were intentions by the Congress to fortify the legal prohibition of torture, the Bush administration managed somehow to oppose these practices. The US is a typical persistent objector in the case of acceptance of such laws, which

Continue for 7 more pages »  •  Join now to read essay Us Torture Techniques Violating the Law and other term papers or research documents
Download as (for upgraded members)