United Nations Convention
Against Torture
Simulation
1. The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner
and shakes him.
2. Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
3. The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain,
but not internal injury. Doctors consulted advised against using a punch, which
could cause lasting internal damage.
4. Long Time Standing: This technique is described as among the most effective.
Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt
in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in
yielding confessions.
5. The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees.
Throughout the time in the cell the prisoner is doused with cold water.
6. Water Boarding: The prisoner is bound to an inclined board, feet raised and head
slightly below the feet. Cellophane is wrapped over the prisoner's face and water is
poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of
drowning leads to almost instant pleas to bring the treatment to a halt.
Simulation Discussion
Was the method of torture you chose
effective for the goal you were trying to
reach?
Simulation Discussion
Why did you choose to use torture? Why
did you choose not to use torture?
UN Convention Against Torture
•
•
•
•
Drafting started in the late 1970’s
Countries start to sign the treaty Feb. 4, 1985
Comes into force June 26, 1987
74 signatories out of 144 countries who support
the treaty
(http://www.ohchr.org/english/countries/ratificatio
n/9.htm)
UN Definition of Torture
‘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.”
Torture is ineffective for
gathering good intelligence
Yes or No?
Yes
• Former CIA officer Bob Bear, “You can get
anyone to confess to anything if the torture’s bad
enough.” (Ross & Esposito, abcnews.com)
• Col. Brittain P. Mallow, commander of the
Criminal Investigation Task Force (2002-2004)
"No. 1, it’s not going to work. No. 2, if it does
work, it’s not reliable. No. 3, it may not be legal,
ethical or moral. No. 4, it’s going to hurt you when
you have to prosecute these guys. No. 5, sooner or
later, all of this stuff is going to come to light, and
you’re going to be embarrassed."
No
• Time is of the essence, and torture may be
the only way to extract the information
needed.
• Torture techniques are monitored by
superiors and are only used against the most
valuable and difficult prisoners.
Torture is morally wrong and
should never be used
Yes or No?
Yes
• It deprives the individual of human dignity
• It is psychologically scarring to the victim
and perpetrator
• It is a human rights violation
• It is a form of terrorism
No
• The term “moral” has no universal
acceptance
• Never is too absolute of a term, there is
always some situation where cost benefit
analysis prevails in favor of torture
• There must be room for exceptions
Geneva Convention
• Article 3.1.
• To this end the following acts are and shall remain prohibited at
any time and in any place whatsoever with respect to the abovementioned persons:
• (a) Violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
• (b) Taking of hostages;
• (c) Outrages upon personal dignity, in particular, humiliating and
degrading treatment;
• (d) The passing of sentences and the carrying out of executions
without previous judgment pronounced by a regularly constituted
court affording all the judicial guarantees which are recognized as
indispensable by civilized peoples.
• US says Geneva Convention doesn’t apply
to war on terror
– Alberto Gonzales called the Geneva
Convention “quaint and outdated”
– Are the standards of the Geneva Convention
and the UNCAT outdated when applied to the
post September 11th world?
• Is that the exception to the rule?