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→‎Torture: rm torture. It is a brutal method of interrogation, not punishment
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[[Image:Punishment By Mosquitoes.jpg|thumb|210px|right|State sanctioned torture-murder by mosquitoes in [[Gulag]]. Painting by [[Nikolai Getman]], provided by [[Jamestown Foundation]] ]]
[[Image:Punishment By Mosquitoes.jpg|thumb|210px|right|State sanctioned torture-murder by mosquitoes in [[Gulag]]. Painting by [[Nikolai Getman]], provided by [[Jamestown Foundation]] ]]


==Torture==
Many countries find it expedient from time to time to use [[torture]]; at the same time few wish to be described as doing so, either to their own [[citizens]] or [[international bodies]]. So a variety of devices are used to bridge this gap, including state [[plausible deniability|denial]], "[[secret police]]", "[[need to know]]", denial that given treatments are torturous in nature, appeal to various laws (national or international), use of [[judicial jurisdiction|jurisdictional argument]], claim of "[[overriding need]]", and so on. Torture has been a tool of many states throughout history and for many states it remains so ([[unofficially and when expedient and desired]]) today. As a result, and despite worldwide condemnation and the existence of treaty provisions that forbid it, torture is still practiced in two thirds of the world's nations.<ref>[http://www.nytimes.com/2004/05/23/opinion/23HOCH.html?ex=1086315207&ei=1&en=dd8a4b003ac8f504 New York Times], [[23 May]] [[2004]]. This link needs fixing. See the references [http://hnn.us/articles/5352.html in this link]. This could be one of two articles.</ref>


Torture remains a frequent method of [[interrogation]] and [[repression]] in [[Totalitarianism|totalitarian]] regimes, [[terrorism|terrorist organizations]], and [[organized crime]]. In authoritarian regimes, torture is often used to extract false confessions from [[political dissent]]ers, so that they admit to being [[spy|spies]] or [[conspiracy (political)|conspirator]]s, preferably manipulated by a foreign country. Most notably, such a dynamic of forced confessions marked the justice system of the Soviet Union during the reign of [[Stalin]] (thoroughly described in [[Aleksandr Solzhenitsyn]]'s ''[[The Gulag Archipelago|Gulag Archipelago]]'').

Most modern torturers, even when their interrogation methods are sanctioned by organs of a state, are often working outside the law. For this reason, some torturers tend to prefer methods that, while unpleasant, leave victims alive and unmarked. A victim who is not visibly damaged may lack credibility when telling tales of torture, whereas a person missing fingernails or eyes can easily prove claims of torture. Some politicians in democratic countries assert that no matter how painful or psychologically difficult a punishment is, it can not be torture unless it leaves lasting, visible damage.

The four different modern examples are listed in the sub-headings below, along with the 'Cold War' to help to illustrate the point.

===Cold war usage===
Torture was widely practiced in the [[Soviet Union]] prior to its transformation to a [[Commonwealth of Independent States|federation]] in the 1980s, to extract confessions from suspects, especially in case of alleged plots against the security of the state or alleged collaboration with "[[imperialist]] powers".{{Fact|date=March 2008}}

Since its fall, [[Amnesty International]] has reported police abuses amounting to torture;{{Fact|date=March 2008}} the government says it has "made efforts to punish all acts of torture under the Albanian criminal justice system".{{Fact|date=March 2008}}

The regime of General [[Augusto Pinochet]] in [[Chile]] in the 1970s used torture extensively against political opponents. Chile's [[Valech Report|National Commission on Political Imprisonment and Torture]] (Comisión Nacional sobre Prisión Política y Tortura) concluded in 2004 that torture had been a systematically implemented policy of the government and recommended reparations. The commission heard the testimony of more than 35,000 witnesses, whose testimonies are to be kept secret for fifty years.<ref name=HRWChile> Human Rights Watch, "[http://hrw.org/english/docs/2005/01/13/chile9846.htm Chile]", ''Human Rights Watch World Report 2005''. Human Rights Watch, "[http://hrw.org/english/docs/2006/01/18/chile12205.htm Chile]", ''Human Rights Watch World Report 2006''.</ref> Among those tortured were future president [[Michelle Bachelet]], who was held along with her mother at the notorious [[Villa Grimaldi]] detention center in [[Santiago, Chile|Santiago]].

During the so-called "[[Dirty War]]" carried out in the 1970s, in particular, but not only, by the [[National Reorganization Process|military dictatorship]] from 1976 to 1983, tens of thousands of Argentines were [[Disappearance|"disappeared"]] by the junta, many never to be seen again. The [[CONADEP|National Commission on the Disappearance of Persons]] concluded:

:In nearly all the cases brought to the attention of the Commission, the victims speak of acts of torture. Torture was an important element in the methodology of repression. Secret torture centres were set up, among other reasons, to enable the carrying out of torture to be carried out undisturbed.<ref name=CONADEP>National Commission on the Disappearance of Persons, [http://www.nuncamas.org/english/library/nevagain/nevagain_001.htm The ''Nunca Más'' (Never Again) CONADEP Report], 1984.</ref>

===Russia===
The [[Constitution of Russia]] forbids arbitrary detention, [[torture]] and ill-treatment. Part 2 of Article 21 of the constitution states that "no one may be subjected to torture, violence or any other harsh or humiliating treatment or punishment…".<ref name="brief"/> However, international observers regularly accuse Russian police of practicing torture&mdash;including beatings, electric shocks, rape, asphyxiation&mdash;in interrogating arrested suspects.<ref name=AI_Russia>[http://www.amnesty.org/russia/torture.html Amnesty International report]</ref>.<ref name="rights"> [http://www.amnesty.org/russia/pdfs/justice-report-eng.pdf Justice Report by Amnesty International] </ref><ref name="torture">[http://www.amnesty.org/russia/torture.html Torture and ill-treatment]</ref><ref name="hrw4">[http://hrw.org/english/docs/2006/11/13/russia14557.htm UN Committee against Torture Must Get Commitments From Russia to Stop Torture]</ref>

Torture and humiliation ''[[dedovshchina]]'' are also widespread in the Russian army, according to Human Rights Watch .<ref name="dedov"> [http://hrw.org/reports/2004/russia1004/6.htm The Consequences of Dedovshchina], [[Human Rights Watch]] report, 2004 </ref> Many young men are killed or commit suicide every year because of it.<ref name="Ismailov"> [http://2006.novayagazeta.ru/nomer/2006/51n/n51n-s11.shtml "Terrible dedovshchina in General Staff" - by Vjacheslav Ismailov from Novaya Gazeta (Russian)] </ref> [[Amnesty International]] reported on allegations of Chechen locals, that Russian military forces in [[Chechnya]] rape and torture local women with [[electric shock]], where electric wires are connected to the straps of a bra on their chest.<ref name="brief"> [http://web.amnesty.org/library/Index/ENGEUR460142006?open&of=ENG-385 Russian Federation Preliminary briefing to the UN Committee against Torture] 1 April 2006, statement by [[Amnesty International]] </ref>

In most extreme cases, innocent people from the street may be arbitrary arrested, beaten, tortured, and raped by special police forces. Such incidents took place not only in Chechnya, but also in Russian towns of Blagoveshensk, Bezetsk, and Nefteyugansk <ref name="Marat1> [http://2005.novayagazeta.ru/nomer/2005/01n/n01n-s00.shtml ''"The entire city was beaten"'' -by Marat Hayrullin - Novaya Gazeta (Russian)] </ref><ref name="Marat2> [http://2005.novayagazeta.ru/nomer/2005/19n/n19n-s00.shtml ''"A profession: to mop up the Motherland"'' - by Marat Hayrullin - Novaya Gazeta (Russian)]</ref><ref name="Marat3> [http://2005.novayagazeta.ru/nomer/2005/30n/n30n-s15.shtml ''"Welcome to Fairytale"'' -by Marat Hayrullin - Novaya Gazeta (Russian)]</ref>

=== Nigeria ===
In 2005, Human Rights Watch documented that Nigerian police in the cities of [[Enugu]], [[Lagos]] and [[Kano]] routinely practice torture. Dozens of witnesses and survivors stepped forward to testify to repeated, severe beatings, abuse of sexual organs, rape, death threats, injury by shooting and the denial of food and water. These abuses were used in campaigns against common crime.<ref name=HRWNigeria2005>Human Rights Watch, [http://hrw.org/reports/2005/nigeria0705/ “Rest in Pieces”: Police Torture and Deaths in Custody in Nigeria], July 2005.</ref>

Systematic torture was used in conjunction with military occupation in an attempt to quell anti-[[petroleum|oil]] protests by the [[Ogoni people]] in the [[Niger Delta]], according to a [[World Council of Churches]] report.<ref name=WCC1997>World Council of Churches [Deborah Robinson], ''Ogoni: The Struggle Continues''. [http://www.africa.upenn.edu/Urgent_Action/dc_4897.html]</ref>

===Iraq ===
The government headed by [[Baath Party|Baathist]] [[Saddam Hussein]] made extensive use of torture, including at the notorious [[Abu Ghraib prison]]. At one point, [[Uday Hussein|Uday]], Saddam's son, tortured an Iraqi football player by brutally injuring his feet. <ref>[http://news.bbc.co.uk/1/hi/world/middle_east/4501982.stm BBC NEWS | World | Middle East | Saddam trial told of Iraq torture<!-- Bot generated title -->]</ref>
<ref>[http://www.guardian.co.uk/Iraq/Story/0,2763,1004174,00.html Uday: career of rape, torture and murder | World news | The Guardian<!-- Bot generated title -->]</ref>
<ref>[http://www.iraqfoundation.org/news/2003/emay/6_sports.html Soccer Players Describe Torture by Hussein's Son<!-- Bot generated title -->]</ref>

The post-[[2003 Invasion of Iraq|invasion]] [[Iraqi Interim Government|Iraqi government]] holds thousands of people in prison. After investigating from July to October 2004, [[Human Rights Watch]] found that torture was "routine and commonplace." According to their report,

{{Quotation|Methods of torture or ill-treatment cited included routine beatings to the body using a variety of implements such as cables, hosepipes and metal rods. Detainees reported kicking, slapping and punching; prolonged suspension from the wrists with the hands tied behind the back; electric shocks to sensitive parts of the body, including the earlobes and genitals; and being kept blindfolded and/or handcuffed continuously for several days. In several cases, the detainees suffered what may be permanent physical disability.|[[Human Rights Watch]]|3=
<ref name=HRWIraq2005>Human Rights Watch, [http://hrw.org/reports/2005/iraq0105/ The New Iraq? Torture and ill-treatment of detainees in Iraqi custody], January 2005.</ref>}}

Torture is reported to be on the increase according to some humanitarian and press agencies. <ref>[http://news.bbc.co.uk/1/hi/world/middle_east/5368360.stm BBC NEWS | World | Middle East | Iraq torture 'worse after Saddam'<!-- Bot generated title -->]</ref>
<ref>[http://www.washingtonpost.com/wp-dyn/articles/A33349-2005Jan24.html Torture in Iraq Still Routine, Report Says (washingtonpost.com)<!-- Bot generated title -->]</ref>
<ref>[http://www.guardian.co.uk/international/story/0,,1878100,00.html Torture in Iraq 'worse than under Saddam' | World news | guardian.co.uk<!-- Bot generated title -->]</ref>

=== Uzbekistan ===
After an investigating visit to Uzbekistan, [[United Nations Special Rapporteur]] on Torture [[Theo van Boven]] concluded in a [http://hrw.org/pub/2005/Uzbekistan_Special_Rapporteur_Report_Feb03.pdf formal report]:

{{Quotation|Even though only a small number of torture cases can be proved with absolute certainty, the copious testimonies gathered ... are so consistent in their description of torture techniques and the places and circumstances in which torture is perpetrated that the pervasive and persistent nature of torture throughout the investigative process cannot be denied.|Theo van Boven|}}

Forms of torture frequently cited include immersion in boiling water, exposure to extreme heat and cold, "the use of electric shock, temporary suffocation, hanging by the ankles or wrists, removal of fingernails, punctures with sharp objects, rape, the threat of rape, and the threat of murder of family members.<ref name=HRWUzbek2001> Human Rights Watch, "[http://www.hrw.org/wr2k1/europe/uzbekistan.html Uzbekistan]", ''Human Rights Watch World Report 2001''</ref> (For example, see [[Muzafar Avazov]])

In 2003, Britain's Ambassador for [[Uzbekistan]], Mr. Craig Murray made accusations that information was being extracted under extreme torture from dissidents in that country, and that the information was subsequently being used by Britain and other western, democratic countries which disapproved of torture.<ref name=Telegraph_23Oct2004> [http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/10/23/nenv23.xml&s The envoy silenced after telling undiplomatic truths], [[The Daily Telegraph]] [[October 23]] [[2004]].</ref>

=== USA ===
The killing of [[Fred Hampton]] by [[Chicago]] police in a raid on the [[Black Panther]] headquarters, the 1990 beating of [[Rodney King]]<ref>[http://news.bbc.co.uk/1/hi/world/americas/2119943.stm BBC NEWS | World | Americas | Flashback: Rodney King and the LA riots<!-- Bot generated title -->]</ref>, and the [[Abu Ghraib]] torture scandal during the [[Iraq War]] are three of the most overt examples of extrajudicial punishment by agents of the [[Government of the United States]]. However, given that the U.S. has historically supported torture-inclined [[anti-communist]] [[dictator]]s worldwide to counter the [[Soviet Union]], the country is claimed by some to be guilty of far more extrajudicial punishment, by proxy, than shown by its own local policies alone.


== Human rights groups==
== Human rights groups==

Revision as of 17:52, 6 August 2008

Extrajudicial punishment is punishment by the state or some other official authority without the permission of a court or legal authority. Agents of a state apparatus often carry out this type of punishment if they come to the conclusion that a person is an imminent threat to the overall security of its political system. The existence of extrajudicial punishment is considered proof that some governments will break their own legal code if deemed necessary.

Improper use of force by non-state actors is not usually called extrajudicial punishment, such actions are more properly called assassination, guerrilla warfare, murder (in the case of attacks on unarmed civilians) or vigilantism instead.

File:NKVD Dungeon.jpg
A prisoner about to be shot by NKVD executioners. Painting by Nikolai Getman, provided by the Jamestown Foundation

Existence

Although the legal use of capital punishment is generally decreasing around the world, individuals or groups deemed threatening—or even simply "undesirable"—to a government may nevertheless be targeted for punishment by a regime or its representatives. Such actions typically happen quickly, with security forces acting on a covert basis, performed in such a way as to avoid a massive public outcry and/or international criticism that would reflect badly on the state. Sometimes, the killers are not members of the government, but rather sotto voce, or paid agents, authorized in their activity.

Another possibility is for overtly uniformed security forces to punish a victim, but under circumstances that make it appear as self-defense, such as by planting recently-fired weapons near the body, or fabricating evidence suggesting suicide. In such cases, it can be difficult to prove that the perpetrators acted wrongly. Because of the dangers inherent in armed confrontation, even police or soldiers who might strongly prefer to take an enemy alive may still kill to protect themselves or civilians, and potentially cross the line into extrajudicial murder. Only in the most obvious cases, such as the Operation Flavius triple killing or the shooting of Jean Charles de Menezes will the authorities admit that "kill or capture" was replaced with "shoot on sight".

Extrajudicial punishment is often a feature of politically repressive regimes, but even self-proclaimed or internationally recognized democracies have been known to use extrajudicial punishment under certain circumstances.

Extrajudicial punishment may be planned and carried out by a particular branch of a state, without informing other branches, or even without having been ordered to commit such acts. Other branches sometimes tacitly approve of the punishment after the fact. They can also genuinely disagree with it, depending on the circumstances, especially when complex intragovernment or internal policy struggles also exist within a state's policymaking apparatus.

In times of war, natural disaster, societal collapse, or in the absence of an established system of criminal justice, there may be increased incidences of extrajudicial punishment. In such circumstances, police or military personnel may be unofficially authorised to punish severely individuals involved in rioting, looting or other violent acts, especially if caught in flagrante delicto. This position is sometimes itself corrupted, resulting in the death of merely inconvenient persons, that is, relative innocents who are just in the wrong place at the wrong time.

A "disappearance" occurs where someone who is believed to have been targeted for extrajudicial execution does not reappear alive. Their ultimate fate is thereafter unknown or never fully confirmed.

Around the world

In the interwar Poland under the regime of sanacja by Józef Piłsudski, political prisoners could be iuncarcerated for up to 3 months by adinistrative decision, see "Bereza Kartuska prison" for more.

The NKVD troika and Special Council of the NKVD are examples from the history of the Soviet Union, where extrajudicial punishment "by administrative means" was part of the state policy.

Most Latin American dictatorships have regularly instituted extrajudicial killings of their enemies; for one of the better-known examples, see Operation Condor. [1]

Some consider the killing of Black Panther Fred Hampton to have been an extrajudicial killing ordered by the United States government. Also, the US has been accused of exercising a covert prison system set up by the CIA in several countries, especially Egypt, to evade US jurisdiction. [2]

The deaths of the leaders of the leftist urban guerilla group, the Red Army Faction's Ulrike Meinhof, Andreas Baader, Gudrun Ensslin, and Jan-Carl Raspe are regarded as extrajudicial killings by many, a theory partly based on the testimony of Irmgard Möller .

The government of Israel has also carried out extrajudicial killings, which they term "targeted assassinations" against leaders of organisations involved in carrying out attacks against Israel.

During the apartheid years South Africa's security forces were also accused of using extra-judicial means to deal with their political opponents. After his release, Nelson Mandela would refer to these acts as proof of a Third Force . This was denied vehemently by the administration of F.W. de Klerk. Later the South African Truth and Reconciliation Commission, led by Archbishop Desmond Tutu would find that both military and police agencies such as the Civil Cooperation Bureau and C10 based at Vlakplaas were guilty of gross human rights violations. This led the International Criminal Court to declare apartheid a crime against humanity.

File:Punishment By Mosquitoes.jpg
State sanctioned torture-murder by mosquitoes in Gulag. Painting by Nikolai Getman, provided by Jamestown Foundation


Human rights groups

Many human rights organisations like Amnesty International along with the UN are campaigning against extrajudicial punishment.[3] [4] [5] [6] [7]

In popular culture

The subject of extrajudicial punishment was examined in the stage play and subsequent film A Few Good Men . In this film, two marines are put on trial for the death of another marine due to their administering of a Code Red (a military colloquial speech term for extrajudicial punishment) on him.

Data on Human Rights Violation and State Repression

There are currently a wide variety of databases available which attempt to measure, in a rigorous fashion exactly what governments do against those within their territorial jurisdiction. The list below was created and maintained by Prof. Christian Davenport at the University of Maryland. These efforts vary with regard to the particular form of human rights violation they are concerned with, the source employed for the data collection as well as the spatial and temporal domain of interest.

Global Coverage

Regional Coverage

Selective Coverage of State Repression

Country Coverage of State Repression


See also

External links

Monitoring organizations

References

  1. ^ Predatory States. Operation Condor and Covert War in Latin America/When States Kill. Latin America, the U.S., and Technologies of Terror | Journal of Third World Studies | Find Articles at BNET.com
  2. ^ CIA Holds Terror Suspects in Secret Prisons - washingtonpost.com
  3. ^ Project on Extrajudicial Executions
  4. ^ UN independent expert on extrajudicial killings urges action on reported incidents
  5. ^ http://web.amnesty.org/library/Index/ENGAMR290151996?open&of=ENG-SLV
  6. ^ Dickey: Iraq, Salvador and Death-Squad Democracy - Newsweek The War in Iraq - MSNBC.com
  7. ^ Special Forces May Train Assassins, Kidnappers in Iraq - Newsweek The War in Iraq - MSNBC.com
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