Imagini ale paginilor
PDF
ePub

1 practice of torture for the purpose of gathering infor

2

3

4

5

mation about such practice; and

(4) instructions to express concern in individual

cases of torture brought to the attention of a United

States diplomatic mission including, whenever feasible,

6 sending United States observers to trials when there is

7

8

9

reason to believe that torture has been used against the accused.

(c) The Secretary of Commerce should continue to en10 force vigorously the current restrictions on the export of 11 crime control equipment pursuant to the Export Administra12 tion Act of 1979.

13 (d) The heads of the appropriate departments of the 14 United States Government that furnish military and law en15 forcement training to foreign personnel, particularly person16 nel from countries where the practice of torture has been a 17 documented concern, shall include in such training, when rel18 evant, instruction regarding international human rights 19 standards and the policy of the United States with respect to 20 torture.

Chairman FASCELL. The gentleman from Michigan.

Mr. BROOMFIELD. Mr. Chairman, first of all I would like to ask permission to put my own remarks about the resolution in the record, following your comments.

Chairman FASCELL. Without objection.

[The prepared statement of Mr. Broomfield follows:].

PREPARED STtatement of HON. WILLIAM S. BROOMFIELD ON H.J. RES. 605

Mr. Chairman, when one thinks of human rights violations, torture stands out as one of the most brutal and uncivilized acts that human beings can inflict upon each other. Difficult as it is for most of us merely to comprehend, torture is all too horrifyingly real for its unfortunate victims in nearly one hundred countries worldwide. While the existence of physical and emotional cruelty is rarely acknowledged by governments, it continues to inflict almost unimaginable suffering on victims of every age, religion, ethnicity, and sex.

The issue of torture must be addressed energetically and presistently by our government, our religious leaders, our educational institutions, and our people. Wherever it can do the most good, it must be raised in quiet diplomacy, and in harsh public denunciation. Allegations of torture must be given thorough investigation and no government guilty of either practicing or tolerating the practice of torture should be immune for our strong recrimination.

I believe our consideration of H.J. Res. 605 will firmly indicate Congressional determination to give this issue the continued attention that is necessary to reduce and ultimately eliminate the practice of torture. Furthermore, this resolution will give the President yet another instrument with which to fight for an end to torture. As a cosponsor of this measure, I urge my colleagues to support its adoption by the Committee.

Mr. BROOMFIELD. I am in support of the resolution.

The State Department, in a letter to the chairman of the committee, recommended two changes in the first two paragraphs. If the clerk would read the changes, I would appreciate it.

Mr. FINLEY. Amendment offered by Mr. Broomfield. Beginning on page 1, strike out the first two paragraphs of the preamble and insert in lieu thereof the following: "Whereas international human rights organizations have investigated and reported on the use of torture in many countries throughout the world; Whereas the Department of State in its annual Country Reports on Human Rights Practices has reported that torture is all too frequent in many countries of the world."

Chairman FASCELL. Are those both amendments considered en

bloc?

Mr. BROOMFIELD. Yes.

Chairman FASCELL. Is there any discussion on the amendments? If not, all those in favor signify by saying "aye"

All those opposed, "no."

The "ayes" have it. The amendments are agreed to.

The gentleman from Iowa, Mr. Leach.

Mr. LEACH. Mr. Chairman, I will be very brief and indicate the minority is fully supportive of this particular approach, as is the administration. I would hope that it would be adopted.

Chairman FASCELL. Without objection, the resolution, as amended, is agreed to, and all appropriate steps will be taken to bring it to the floor.1

[Whereupon the committee proceeded to other matters.]

1 H.J. Res. 605, as amended, was passed by the House of Representatives on Sept. 11, 1984, by voice vote. On Sept. 21, the Senate agreed to H.J. Res. 605, as amended, by voice vote.

APPENDIX 1

BRIEFING PAPER BY AMNESTY INTERNATIONAL ENTITLED "AGAINST TORTURE," APRIL 1984

While government representatives universally and collectively condemn torture, more than a third of the world's governments kave used or tolerated torture or -treatment of prisoners in the 1980s. Political suspects and other prisoners face torture in police stations, secret detention centres, camps and military barracks.

In a major new report, Torture in the Eighties, Amnesty International cites allegations of torture and I-treatment in some 98 countries-documenting complaints by victims in every region of the world, from security headquarters in Spain to prison cells in Iran, from secret police centres in Chile to special psychiatric hospitals in the Soviet Union.

The report cites cases involving systematic torture during Interrogation-electric shocks, severe beatings and mock executions; harsh prison conditions; the participation of doctors in the process of torture; and punishments such as floggings and amputations.

The report is part of Amnesty International's continuing campaign against torture and it spells out a global program for the abolition of this abuse.

Thousands upon thousands of Amnesty International volunteers around the world are working together to eradicate torture and end cruelty to prisoners. In the next two years they will be taking part in a special drive to try to rid the world of these violations of human rights.

This briefing paper is part of that drive. It is based on the introductory chapters of Torture in the Eighties and examines the institution, process and agents of torture and touches on action which can be taken to prevent it by victims and their families, national groups and international organizations. It also includes a comprehensive list of safeguards and remedies, drawn up on the basis of Amnesty International's own experience, together with the text of the United Nations Declaration against Torture.

TORTURE

IN THE EIGHTIES

[graphic][subsumed][merged small]

Introduction

At the detention centre on the Cyprus coast it was well past midnight when a military vehicle stopped abruptly outside. It had driven across the island from Nicosia through the night. Two men went straight inside. One was the colonial Governor, the other his military commander.

"We walked.. straight into the room where the interrogation was taking place", wrote the governor years afterwards. "We could see no sign of ill-treatment. Nor could we see any indications of force having been used on the villagers who had been interrogated earlier.

But our visit that night was known
throughout the island by the next
morning. Our night visit did more
than all the circulars to prevent the
use of torture in the Cyprus
emergency."

It was a demonstration of political will.
The scene was Cyprus during the closing
months of the Greek Cypriot insurgency
in the late 1950s. Soldiers and civilians
had been killed and intelligence informa-
tion from captured insurgents was con-
sidered essential if their campaign of
violence was not to disrupt movement
toward a political settlement of the long-
standing Cyprus dispute involving

(285)

Greece, Turkey and the United Kingdom.

Allegations of torture had been brought to the Governor that night. He was not especially surprised. In 1956 Greece had brought a complaint against the United Kingdom before the European Commission on Human Rights concerning whipping and collective punishments. There had also been allegations of brutality during interrogation. Fact-finding by the commission continued and on hearing the new allegations concerning torture in a village on the opposite side of Cyprus from his headquarters in Nicosia, the Governor and his military commander set out for their ride through the night.

Clearly, in the 1980s, finding the political will to investigate and prevent torture is in most cases far more complex than the prerogative of a single former colonial commander.

Revulsion at the extermination camps of the Second World War led to a convention outlawing genocide for all time and today's torture chambers demand a similar international response. The torture and ill-treatment can be stopped. The international framework for its abolition exists. What is lacking is the political will of governments to stop torturing people. It is as simple and as difficult as that. Amnesty International hopes that its continuing campaign against torture will contribute to creating this political will so that our generation can banish torture from the earth.

Edwin Lopez, Philippines: tortured with electric shocks during interrogation.

Torture as an institution

Torture does not occur simply because individual torturers are sadistic, even if testimonies verify that they often are. The reports of torture and ill-treatment from over 90 countries demonstrate the presence of a conscious decision to torture by some governments and the lack of any will to stop it by many others. While governments universally and collectively condemn torture, more than a third of the world's governments have used or tolerated torture or ill-treatment of prisoners in the 1980s.

Methods

The methods vary: for example, the longused falanga (beating on the soles of the feet, also called falaka); the Syrians' "black slave", an electrical apparatus that inserts a heated metal skewer into the bound victim's anus; the cachots noirs in Rwanda, black cells totally devoid of light in which prisoners have been held for as long as a year or more. Some

methods-pain-causing drugs administered forcibly to prisoners of conscience in Soviet psychiatric hospitals, the forcible use of techniques of sensory deprivation, and the electrodes that have become an almost universal tool of the torturer's trade-make the verification of torture and ill-treatment especially difficult.

Victims

Victims include people of all social classes, age groups, trades, professions and political or religious views. Criminal suspects as well as political detainees are subject to torture in many countries although the information available to Amnesty. International deals mostly with political

cases.

In El Salvador children have reportedly been tortured, and in Iran under the government at the time of writing children held with their mothers in the women's block of Evin Prison have been forced to witness the torture of their mothers. Women often face special degradation at the hands of their male torturers. Relatives of wanted people in Syria, including adolescents, have reportedly been held as hostages and tortured to force suspects to give themselves up. Foreign nationals seeking asylum in the Congo have allegedly been tortured to force them to confess to espionage.

A

Women prisoners in Evin Prison, Iran. One mother who was tortured while being held bere screamed that she was ready to confess when she could no longer stand the agony of ber three-year-old daughter being made to watch.

Victims in Ethiopia have allegedly included members of several ethnic and religious minorities suspected either of supporting armed groups fighting for territorial independence or of obstructing the revolution.

Agents

The agencies involved in torture give an indication of the degree of governmental responsibility for it. Frequently several military and police intelligence units as well as police forces and prison employees are implicated, thus demonstrating the widespread institutionalization of the practice.

The general picture that emerges of torture agencies is often one of groups specially trained to torture, who have an elevated view of their role in protecting state security against "subversives". State propaganda reinforces this view, as does any real violence perpetrated against the state or their colleagues by opposition groups. If they are aware that their acts are criminal, they also know that their superiors will protect them in the unlikely event that the state attempts to prosecute them.

'Preconditions'

Torture most often occurs during a detainee's first days in custody. These vulnerable hours are usually spent incommunicado, when the security forces maintain total control over the fate of the detainee, and deny access to relatives, lawyers or independent doctors. Some detainees are held in secret, and the authorities may deny that certain detainees are held, making it easier to torture or kill them or to make them "disappear".

The suspension of habeas corpus and other legal remedies, trials of political detainees in military courts and the lack of any independent means to examine and record a prisoner's medical condition allow the security forces to conceal evidence of torture from lawyers, civilian magistrates, independent doctors and others who would be capable of taking action against their illegal activities.

Further incentives are trial procedures that do not exclude from evidence statements extracted under torture or during long periods of incommunicado detention, a government's refusal to investigate allegations of torture, its peremptory denial that torture occurs in the face of mounting evidence such as deaths in custody, its obstruction of independent domestic or international investigations, the censorship of published information about torture, and the immunity from criminal and civil prosecution given to alleged torturers.

[merged small][ocr errors]

This photo was taken at the Institute of Forensic Medicine, Bogotá, Colombia. during an investigation into the claim by Ernesto Sendoya Guzman that he had been tortured over a period of three days by members of F-2 Police Intelligence. The medical evidence of torture was consistent with his allegation that he had been severely beaten.

The immediate and long-term effects of intense physical and psychological abuse are oppressive.

Torture victims often need social, medical and psychological help after release. Systematic examinations of torture victims conducted by Amnesty International's Danish Medical Group, established in 1974, show that practically all victims suffer from multiple and physical sequelae (after-effects)

to torture.

As one means of treating these victims (and their families, who often have psychosomatic symptoms), several independent doctors and other health workers created a rehabilitation centre for torture victims at the Uni-. versity Hospital of Copenhagen. The centre draws on the experience of medical specialists who have examined and treated victims from several countries. One of the 20 torture victims treated at the centre since it was established in 1982 was a 35-year-old man who had been tortured six years previously by, among several methods, Jalanga. Years later he suffered from pain in his feet and back. He could not walk more than a few hundred metres without great pain in his legs. Following careful physical examination, he was treated with ultrasound techniques and physiotherapy. Two months later he was able to walk, run and play football without pain.

A great many torture victims, of course, cannot obtain medical help.

The moral
argument

Apologists for torture generally concentrate on the classical argument of expediency which purports to justify undesirable but "necessary" suffering inflicted on an individual only for the purpose of protecting the greater good of the greater number. This apology ignores the fact that the majority of torture victims, even In countries beset by widespread civil conflict, have no security Information about violent opposition groups to give away. They are tortured either to force confessions from them or as an acute message not to oppose the government.

Even if torture could be shown to be efficient in some cases, it is never permissible. Torture is a calculated assault on human dignity and for that reason alone is to be condemned absolutely. Nothing denies our common humanity more than the purposeful infliction of unjustified and unjustifiable pain and humiliation on a helpless captive. Once justifled and allowed for the narrower purpose of combating political violence, torture will almost Inevitably be used for a wider range of purposes against an Increasing proportion of the population. Those who torture once will go on using it, encour aged by its "efficiency" in obtain. ing the confession or information they seek, whatever the quality of those statements. They will argue within the security apparatus for the extension of torture to other detention centres; they may form elite groups of interrogators to refine its practice; they may develop methods that hide its more obvious effects; they will find further reasons and needs for It If particular segments of society become restive. What was to be done "just once" will become an Institutionalized practice and will erode the moral and legal prin. ciples that stand against a form of violence that could affect all of society.

As for the state, if it purports to uphold justice, torture should be banned: torture subverts a basic tenet of just punishment, a prescribed penalty for a proven offence. If a government subscribes to the rule of law, torture should be forbidden: most national constitutions as well as

The process of torture

No experience of torture is typical, but there are discernible patterns in the thousands of personal testimonies, affidavits and statements that have reached Amnesty International in the 1980s. For the individual victim torture can mean being seized at night, violently, while family and neighbours are terrorized into helplessness; being blindfolded and beaten in the police van or the unmarked car; the vague reasons, if any, given for the detention; the threats of execution, of rape, of family members being killed in "accidents"; the preliminary questions at the police station or army barracks about present health, medicines, past illnesses, so as not to go too far in the procedures that follow; the sometimes senseless questions (“Why were you born in Tunceli?'') for which there are no answers-and throughout, the anticipation and the fact of brute force, without limit, without end, the knowledge of being beyond the help of family or lawyer, of being totally at the mercy of those whose job it is to have no mercy.

Torture usually means isolation: abduction, secret detention, incommunicado detention beyond the reach of family, friends and legal assistance. Blindfolding during days of interrogation and torture serves to increase the sense of being alone and defenceless. Iranian political prisoners released in 1982 tell how it is used at Evin Prison, the Revolutionary Court headquarters in Tehran:

"The worst thing in Evin is being held blindfold for days on end waiting for someone to tell you why you are there. Some people are left blindfold for days, weeks or months. One man has spent 27 months like this. None of the prisoners appear to know what he is being held for. After 27 months, he sits, largely in total silence nodding his head from one side to the other. Sometimes he just sits knocking his head on the wall. Obviously, they keep people blindfold to add to the fear. But when they suddenly whip off the folds to question you, you are almost blind, the light is painful and you feel dizzy. You can't concentrate on any single thought." Essential to torture is the sense that the interrogator controls everything, even life itself. The pistol cocked at the temple, the meticulous procedure of mock execution by firing-squad, burial alive in a deserted area: each is a means of demonstrating to the victim that the team of torturers has absolute power. "This is nothing but the introductory exercise", a South Korean security agent told a prisoner in 1979 after beating and stamping on him and burning his back with cigarettes. "You can test the limit of your spiritual and physical patience when you are taken to the basement, where there are all kinds of torture instruments from ancient times to the modern age."

"We are six teams trained in Turkey and given full responsibility," a torturer

International law in war and peace explicitly prohibit it. If the authorities claim to rule on the basis of any moral or legal authority whatever, torture should be outlawed; it rends the fabric of society, tearing at any threads of trust or sympathy between the citizens and their rulers.

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]
« ÎnapoiContinuă »