Stress and duress is a term which has been used by the United States to describe interrogation techniques authorized for use by the United States Armed Forces upon detainees who are determined to be a threat to the United States during the War on Terrorism. These techniques are claimed to cause "inhuman and degrading treatment" but which the George W. Bush administration claims do not cause "suffering of the particular intensity and cruelty implied by the word torture".
Prisoners of war are covered by the Third Geneva Convention (GCIII) until and unless "their status has been determined by a competent tribunal (GCIII Art 5) to be that of civilians not affiliated with the armed forces or unlawful combatants, in which case they are covered by Fourth Geneva Convention (GCIV) unless they are "[n]ationals of a State which is not bound by the Convention [and therefore] not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are."(GCIV Art 4. paragraph 2). But even if they are covered by GCIV, the U.S. can waver a detainee's GCIV rights by invoking GCIV Article 5. "Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State." But "[i]n each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be." (GCIV Art5)
Part I. General Provisions
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Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
The status of prisoners held in Iraq may vary depending on whether they are held in an internal or an international conflict.
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Although not binding upon non-participating member states of the Council of Europe, this ruling is a useful indicator of international judicial views on the "stress and duress" methods authorised for use by the US administration. [1]
In 1978 in the European Court of Human Rights(ECHR) trial "Ireland v. the United Kingdom" the judges court published the following in their judgement:
The Court ruled that the five techniques used together and combined with other abuses of the met the European definition of torture under the European Convention on Human Rights. The Court found that the five techniques, combined together, consisted of torture and inhuman treatment, hence fell under the Article 3 (art. 3), the practice of "inhuman and degrading treatment"., [2] i.e.
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties.
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is, according to United States law, a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed to not be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements.
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.
Sensory deprivation or perceptual isolation is the deliberate reduction or removal of stimuli from one or more of the senses. Simple devices such as blindfolds or hoods and earmuffs can cut off sight and hearing, while more complex devices can also cut off the sense of smell, touch, taste, thermoception (heat-sense), and the ability to know which way is down. Sensory deprivation has been used in various alternative medicines and in psychological experiments.
Torture, the infliction of severe physical or psychological pain upon an individual to extract information or a confession, or as an illicit extrajudicial punishment, is prohibited by international law and is illegal in most countries. However, it is still used by many governments. The subject of this article is the use of torture since the adoption of the 1948 Universal Declaration of Human Rights (UDHR), which prohibited it.
The five techniques are illegal interrogation methods which were originally developed by the British military in other operational theatres and then applied to detainees during the Troubles in Northern Ireland. They have been defined as prolonged wall-standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink.
Torture in Bahrain refers to the violation of Bahrain's obligations as a state party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other international treaties and disregard for the prohibition of torture enshrined in Bahraini law.
Following Bahrain's independence from the British in 1971, the government of Bahrain embarked on an extended period of political suppression under a 1974 State Security Law shortly after the adoption of the country's first formal Constitution in 1973. Overwhelming objections to state authority resulted in the forced dissolution of the National Assembly by Amir Isa bin Salman Al Khalifa and the suspension of the Constitution until 2001. The State Security Law of 1974 was a law used by the government of Bahrain to crush political unrest from 1974 until 2001. It was during this period that the worst human rights violations and torture were said to have taken place. The State Security Law contained measures permitting the government to arrest and imprison individuals without trial for a period of up to three years for crimes relating to state security. A subsequent Decree to the 1974 Act invoked the establishment of State Security Courts, adding to the conditions conducive to the practice of arbitrary arrest and torture. The deteriorating human rights situation in Bahrain is reported to have reached its height in the mid-1990s when thousands of men, women and children were illegally detained, reports of torture and ill-treatment of detainees were documented, and trials fell short of international standards.
Operation Demetrius was a British Army operation in Northern Ireland on 9–10 August 1971, during the Troubles. It involved the mass arrest and internment of people suspected of being involved with the Irish Republican Army (IRA), which was waging an armed campaign for a united Ireland against the British state. It was proposed by the Unionist government of Northern Ireland and approved by the British Government. Armed soldiers launched dawn raids throughout Northern Ireland and arrested 342 in the initial sweep, sparking four days of violence in which 20 civilians, two IRA members and two British soldiers were killed. All of those arrested were Irish republicans and nationalists, the vast majority of them Catholics. Due to faulty and out-of-date intelligence, many were no longer involved in republican militancy or never had links with the IRA. Ulster loyalist paramilitaries were also carrying out acts of violence, which were mainly directed against Catholics and Irish nationalists, but no loyalists were included in the sweep.
Torture in the United States includes documented and alleged cases of torture both inside and outside the United States by members of the government, the military, law enforcement agencies, intelligence agencies, health care services, and other public organizations.
"Enhanced interrogation techniques" or "enhanced interrogation" is a euphemism for the 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 Bagram, Guantanamo Bay, Abu Ghraib, and Bucharest 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, 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 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.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. In 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
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.
Human rights in the United States comprise a series of rights which are legally protected by the Constitution of the United States, state constitutions, treaty and customary international law, legislation enacted by Congress and state legislatures, and state referenda and citizen's initiatives. The Federal Government has, through a ratified constitution, guaranteed unalienable rights to its citizens and non-citizens. These rights have evolved over time through constitutional amendments, legislation, and judicial precedent. Along with the rights themselves, the portion of the population granted these rights has expanded over time. Within the United States, federal courts have jurisdiction over international human rights laws.
The widespread and systematic use of torture in Turkey goes back to the Ottoman Empire. After the foundation of the Republic of Turkey, torture of civilians by the Turkish Armed Forces was widespread during the Dersim rebellion. The Sansaryan Han police headquarters and Harbiye Military Prison in Istanbul became known for torture in the 1940s. Amnesty International (AI) first documented Turkish torture after the 1971 Turkish coup d'état and has continued to issue critical reports, particularly after the outbreak of the Kurdish-Turkish conflict in the 1980s. The Committee for the Prevention of Torture has issued critical reports on the extent of torture in Turkey since the 1990s. The Stockholm Center for Freedom published Mass Torture and Ill-Treatment in Turkey in June 2017. The Human Rights Foundation of Turkey estimates there are around one million victims of torture in Turkey.
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including:
The Lexington Principles on the Rights of Detainees is a body of international due process principles that reflect the prevailing transnational norms in the area of detainee treatment. The Lexington Principles were completed and published on April 1, 2009. The instrument consists of 45 principles and countless annotations prepared by the project's law student editorial board. A primary purpose of the drafters of the Lexington Principles was to assist the jurisprudential evolution of American constitutional due process standards after the U.S. Supreme Court's decision in Boumediene v. Bush. While each Principle is based on international law, all provisions have been drafted to facilitate vertical norm internalization into the domestic legal system of the United States and other common law countries.
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.
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.