Psychological torture, mental torture or emotional torture is a type of torture that relies primarily on psychological effects and only secondarily on any physical harm inflicted. Although not all psychological torture involves the use of physical violence, there is a continuum between psychological torture and physical torture. The two are often used in conjunction with one another and often overlap in practice, with the fear and pain induced by physical torture often resulting in long-term psychological effects and many forms of psychological torture involving some form of pain or coercion.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention against Torture) is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention requires states to take effective measures to prevent torture in any state under their jurisdiction and forbids states to transport people to any country where there is a reason to believe torture could occur. [1]
The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984 [2] and following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognized as the International Day in Support of Victims of Torture, in honor of the Convention. As of May 2015, the Convention has 158 state parties.
The Convention gave for the first time in history a definition of psychological torture:
Torture is 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, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. [2]
The Optional Protocol to such Convention (OPCAT, 2006) is an important addition to the United Nations Convention. The Committee Against Torture (CAT) is a body of independent experts that monitors implementation of the Convention by State parties. All-State parties are obliged under the Convention to submit regular reports to the CAT on how the rights are being implemented. Upon ratifying the Convention, States must submit a report within one year, after which they are obliged to report every four years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations". Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated. The CAT usually meets in May and November each year in Geneva.
A contemporary definition of psychological torture are those processes that "involve attacking or manipulating the inputs and processes of the conscious mind that allow the person to stay oriented in the surrounding world, retain control and have the adequate conditions to judge, understand and freely make decisions which are the essential constitutive ingredients of an unharmed self". [3] The Torturing Environment Scale is the first scale to measure Torturing Environments based on this model. [3]
Many forms of psychological torture methods attempt to destroy the subject's normal self-image by removing them from any kind of control over their environment, isolation, monopolising of perception, impression of almightiness, creating a state of learned helplessness, psychological regression and depersonalization. Other techniques include humiliation, forced nudity and head shaving, exhausting by sleep deprivation, hooding and other forms of sensory deprivation.
A strictly fear-inducing method is the mock execution. Various threats operate on the same fear-inducing principle.
Torture methods can also be indirect, in which a victim is forced to witness the torture of another person, often a loved one. [4] This preys on the victim's affection for and loyalty to a partner, relative, friend, comrade-in-arms, etc, whose real pain induces vicarious suffering in the targeted psychological victim, who is thus loaded with guilt but spared physical harm that might affect their ability to comply[ citation needed ].
The publicly known systematics were developed in 1956 by the American psychiatrist Albert Biderman who examined several U.S. soldiers tortured by North Korean and Chinese secret services during the Korean war. He defined three basic actions to break the victims as dependence, debility, and dread. His work was further developed for the CIA. [5]
While psychological torture may not leave any lasting physical damage—indeed, this is often one of the motivations for using psychological rather than physical torture—it can result in similar levels of permanent mental damage to its victims. [6]
Psychological torture methods were devised by, and in conjunction with, doctors and psychologists. [7] Medical participation in torture has taken place throughout the world and was a prominent feature of the US interrogation practice in military and Central Intelligence Agency (CIA) facilities. [8] [9]
The United States made extensive use of psychological torture techniques at Guantanamo Bay and other sites subsequent to the 9/11 attacks. [10] [11] [12] Many other countries have been accused of using psychological torture, including Iran. [13]
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including punishment, extracting a confession, interrogation for information, or intimidating third parties.
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
Cruelty is the intentional infliction of suffering or the inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve violence, but affirmative violence is not necessary for an act to be cruel.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared to the crime.
Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboarding, the captive's face is covered with cloth or some other thin material and immobilized on their back at an incline of 10 to 20 degrees. Torturers pour water onto the face over the breathing passages, causing an almost immediate gag reflex and creating a drowning sensation for the captive. Normally, water is poured intermittently to prevent death; however, if the water is poured uninterruptedly it will lead to death by asphyxia. Waterboarding can cause extreme pain, damage to lungs, brain damage from oxygen deprivation, other physical injuries including broken bones due to struggling against restraints, and lasting psychological damage. Adverse physical effects can last for months, and psychological effects for years. The term "water board torture" appeared in press reports as early as 1976.
Medical torture describes the involvement of, or sometimes instigation by, medical personnel in acts of torture, either to judge what victims can endure, to apply treatments which will enhance torture, or as torturers in their own right. Medical torture overlaps with medical interrogation if it involves the use of professional medical expertise to facilitate interrogation or corporal punishment, in the conduct of torturous human experimentation or in providing professional medical sanction and approval for the torture of prisoners. Medical torture also covers torturous scientific experimentation upon unwilling human subjects.
Hooding is the placing of a hood over the entire head of a prisoner. Hooding is widely considered to be a form of torture; one legal scholar considers the hooding of prisoners to be a violation of international law, specifically the Third and Fourth Geneva Conventions, which demand that persons under custody or physical control of enemy forces be treated humanely. Hooding can be dangerous to a prisoner's health and safety. It is considered to be an act of torture when its primary purpose is sensory deprivation during interrogation; it causes "disorientation, isolation, and dread." According to the International Committee of the Red Cross, hooding is used to prevent a person from seeing, to disorient them, to make them anxious, to preserve their torturer's anonymity, and to prevent the person from breathing freely.
Prisoner abuse is the mistreatment of persons while they are under arrest or incarcerated. Prisoner abuse can include physical abuse, psychological abuse, sexual abuse, torture, or other acts such as refusal of essential medication, and it can be perpetuated by either fellow inmates or prison faculty.
The five techniques, also known as deep interrogation, are a group of interrogation methods developed by the United Kingdom during the 20th century and are currently regarded as a form of torture. Originally developed by British forces in a variety of 20th-century conflicts, they are most notable for being applied to detainees in Northern Ireland during the Troubles. The five collective methods are prolonged wall-standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink.
There are cases, both documented and alleged, that involve the usage of torture by members of the United States government, military, law enforcement agencies, intelligence agencies, health care services, and other public organizations both in and out of the country.
The Inter-American Convention to Prevent and Punish Torture (IACPPT) is an international human rights instrument, created in 1985 within the Western Hemisphere Organization of American States and intended to prevent torture and other similar activities.
"Enhanced interrogation techniques" or "enhanced interrogation" was a program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. Armed Forces at remote sites around the world—including Abu Ghraib, Bagram, Bucharest, and Guantanamo Bay—authorized by officials of the George W. Bush administration. Methods used included beating, binding in contorted stress positions, hooding, subjection to deafening noise, sleep disruption, sleep deprivation to the point of hallucination, deprivation of food, drink, and medical care for wounds, as well as waterboarding, walling, sexual humiliation, rape, sexual assault, subjection to extreme heat or extreme cold, and confinement in small coffin-like boxes. A Guantanamo inmate's drawings of some of these tortures, to which he himself was subjected, were published in The New York Times. Some of these techniques fall under the category known as "white room torture". Several detainees endured medically unnecessary "rectal rehydration", "rectal fluid resuscitation", and "rectal feeding". In addition to brutalizing detainees, there were threats to their families such as threats to harm children, and threats to sexually abuse or to cut the throat of detainees' mothers.
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment".
Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
The Unit of Rehabilitation of Victims of Torture (URVT) has operated in Cyprus since 2005.
A set of legal memoranda known as the "Torture Memos" were drafted by John Yoo as Deputy Assistant Attorney General of the United States and signed in August 2002 by Assistant Attorney General Jay S. Bybee, head of the Office of Legal Counsel of the United States Department of Justice. They advised the Central Intelligence Agency, the United States Department of Defense, and the President on the use of enhanced interrogation techniques—mental and physical torment and coercion such as prolonged sleep deprivation, binding in stress positions, and waterboarding—and stated that such acts, widely regarded as torture, might be legally permissible under an expansive interpretation of presidential authority during the "War on Terror".
Papua New Guinea (PNG) has a population of 6.8 million, nearly half of which is under 18 years of age. Public trust in the justice system has been eroded, and the country’s significant crime problem exacerbated, by brutal responses from police against those they suspect of having committed offences, and the routine violence, abuse and rape carried out by police against persons, including children, within their custody. Many incidents are cases of opportunistic abuses of power by police instead of their following official processes. While a raft of measures have been assembled in order to improve conditions and processes for youths within the justice system, their success has been hampered by a severe lack of implementation, insufficient resources, and failure to impose appropriate penalties on authorities for failure to adhere to their provisions.
Prisoners' rights in international law are found in a number of international treaties. For the most part these treaties came into existence following the two World Wars and the body of law continues to be added to and amended.
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although the distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that it does not exist from the psychological point of view, and people subjected to CIDT will experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction.
The prohibition of torture is a peremptory norm in public international law—meaning that it is forbidden under all circumstances—as well as being forbidden by international treaties such as the United Nations Convention Against Torture.
Torture is generally defined as deliberately inflicting "severe pain or suffering" on a prisoner, but exactly what this means in practice is disputed.