hile public attention in the post 9/11 world has focused on the high-profile use of torture in the interest of national security, most incidences of torture occur in far more common, everyday

situations, often in countries that consider themselves democratic. In these environments, the majority of torture victims come from economically disad-vantaged groups and ethnic minorities, whose systematic victimization leads them to accept their cruel treatment as part of their social identity and lot in life. This culture of tolerance is, in turn, exploited by poorly trained police forces, who resort to torture as a routine means of gathering information.

How can democracies turn a blind eye to ongoing human rights abuses occurring within their borders? A responsible society must address this issue and careful-ly consider the corrosive consequences of torture in a democracy. Because an engaged, educated public offers a potent safeguard against abuses carried out with im-punity, an in-depth and far-reaching discussion of tor-ture’s implications for democratic principles such as the rule of law, access to justice, and the right to health is an essential first step toward publicizing the problem and identifying ways to end it.

—Alice Verghese, June 25, 2008

“W

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Torture, Justice and Democracy: Myths and Misconceptions

Alice VergheseReagan-Fascell Democracy FellowNational Endowment for Democracy

June 25, 2008

The views expressed in this presentation represent the opinions and analysis of the speaker and do not necessarily reflect those of the National Endowment for Democracy or its staff.

Presentation OutlineDefinition of Torture

Torture Legislation: The Practice on Paper

Torture in the Field: Myths and Misconceptions

• Context of Its Current Use

• Incentives to Use Torture

• Incidences of Torture

Consequences for Justice—Victor Madrigal Borloz

Consequences for Health—Dr. Allen Keller

Consequences for Democracy

Sri Lanka Philippines

Convention on the Prevention and Punishment of Genocide (1948) Geneva Conventions (1949) UN CAT (1994) Optional Protocol I UN International Covenant on Civil and Political Rights (ICCPR) (1980) First Optional Protocol to the ICCPR Second Optional Protocol to the ICCPR Rome Statute of the International Criminal Court Convention on the Elimination of All Forms of Racial Discrimination (CERD) International Covenant on Economic, Social and Cultural Rights (ICESCR) 1974 Convention on the Rights of the Child (CRC) 1980

International Obligations

Definition of Torture

“…Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person . . . for purposes such as obtaining from him information or a confession, punishing him for an act he has committed, or intimidating or coercing him. 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.”

—U.N. Convention Against Torture

Formal Complaint Mechanisms in Sri Lanka

Difficulties in Data Collection

Lack of consistent data collection methods

Fragmented response from those in the field

Torture’s secretive nature

Torture in the Field

Myth: In the presence of numerous international (and national)

laws protecting human rights, a country’s key democratic institutions are better equipped to defend human rights.

Reality: There exists a large gap between legislation on paper and its

implementation in practice.

Torture in the Field

Myth: Most incidences of torture are politically motivated, high-profile cases.

Reality: In practice, torture occurs on a routine basis and has become a common policing method in combating crime.

Torture in the Field

Myth: New emergency legislations will provide new safeguards against terror.

Reality: New emergency legislation has led to increases in state-sponsored violence.

Obstacles to Justice

Lengthy Detention without Charge

Blurred Lines of Accountability

Legal Exemptions for High Officials

Civilian Appointees with Powers of Arrest

Obstacles to Health

Delays in Examination

Lack of Qualified Medical Practitioners

Lack of Medical Confidentiality

PHYSIC

ALLY

FIT

Questions for Discussion

Why do we need public conversations on torture in democratic nations?

What are the consequences of torture at an individual, society and national level?

What can the international community do to support the torture rehabilitation and prevention initiatives in these countries?

Torture, Justice and Democracy: Myths and Misconceptions

Alice VergheseReagan-Fascell Democracy Fellow

June 25, 2008