Torture
A captured Viet Cong soldier, blindfolded and tied in a stress position by American forces during the Vietnam War of 1967, illustrates the deliberate infliction of severe pain. This image captures the core definition: torture is the intentional causing of suffering for specific reasons like punishment or extracting information. Legal systems often restrict this label to acts carried out by state actors, yet some definitions include non-state groups. Most victims are poor and marginalized people suspected of crimes, though political prisoners receive disproportionate attention. Judicial corporal punishment and capital punishment remain controversial labels for torture internationally. A variety of methods exist, with beatings serving as the most common form of physical torture. Beginning in the twentieth century, many torturers preferred non-scarring techniques to maintain deniability.
Archaeological evidence places torture in Early Neolithic Europe approximately 7,000 years ago. Historical sources frequently mention torture in Assyria and Achaemenid Persia. It remained legally acceptable in most ancient, medieval, and early modern societies. Torture was seen as a reliable way to elicit truth and serve as a suitable punishment. In contrast, non-citizens such as foreigners and slaves were commonly tortured while citizens faced it only under exceptional circumstances. The practice declined in Europe during the seventeenth century before its formal abolition in the eighteenth and early nineteenth centuries. Enlightenment ideas about human value contributed to this shift alongside the lowering of proof standards. China banned judicial torture in 1905 along with flogging and dismemberment, although torture continued throughout the twentieth and twenty-first centuries there. An estimated 300,000 people suffered torture during the Algerian War between 1954 and 1962.
Most countries practice torture today, though few acknowledge it openly. Measuring the rate is difficult because abuses typically occur in secrecy. Many survivors from poor or marginalized populations are unwilling to report their experiences. Monitoring has focused on police stations and prisons, yet torture also occurs in immigration detention centers. Some studies suggest extrajudicial punishment outside custody is more common than torture within facilities. Liberal democracies may still practice torture against marginalized citizens and non-citizens they do not hold accountable. Voters often support violence against out-groups seen as threatening. Groups especially vulnerable include unemployed young men, urban poor, LGBT people, refugees, migrants, ethnic minorities, indigenous people, and those with disabilities. Relative poverty leaves many poor people vulnerable to routine violence that perpetrators justify as legitimate policing tactics.
Charles Graner poses over Manadel al-Jamadi's corpse after he was tortured to death by CIA personnel, highlighting the human element behind these acts. Most research focuses on victims, leaving less known about the perpetrators themselves. Torturers often see their actions as serving a higher political goal justifying the means. Fear frequently motivates them rather than sadism, and this response is usually ineffective or counterproductive. Studies do not support the assumption that torturers are psychologically pathological. Many have an innate reluctance to employ violence and rely on coping mechanisms like alcohol or drugs. Psychiatrist Pau Pérez-Sales finds torturers act from motives including ideological commitment, personal gain, group belonging, avoiding punishment, or guilt from previous acts. In systematic cases, torturers were desensitized to violence during training which can be a deliberate tactic. Elite police units are prone to torture due to their tight-knit nature and insulation from oversight.
Norwegian resistance fighter Lauritz Sand recovered after his release from the Gestapo in May 1945, yet his story reflects the lasting damage inflicted. Torture aims to break the victim's will and destroy their agency and personality. Jean Améry argued it was the most horrible event a human being can retain within himself. Survivors often experience social and financial problems including housing insecurity and family separation. Death is not uncommon, with consequences ranging from peripheral neuropathy to traumatic brain injury. Chronic pain and pain-related disability are commonly reported but lack research into treatments. An average of 40 percent suffer long-term post-traumatic stress disorder at higher rates than any other trauma. Despite efforts for evidence-based evaluation using tools like the Istanbul Protocol, most physical examinations remain inconclusive. The effects result in inconsistent testimony that hampers survivors' efforts to secure refugee status or prosecute perpetrators.
The United Nations drew up the 1948 Universal Declaration of Human Rights following shock by Nazi atrocities during World War II. This document prohibited torture and stimulated the creation of the human rights movement. Amnesty International launched a global campaign against torture beginning in the early 1970s leading to the United Nations Convention against Torture in 1984. The prohibition acts as a peremptory norm meaning it is forbidden for all states under all circumstances. The convention specifies that torture must be a criminal offense and evidence obtained may not be admitted in court. Even when illegal under national law, judges in many countries continue to admit such evidence. Israel became the only country in 1987 to purportedly legalize torture while the United States challenged the prohibition during its war on terror. Torture remains prohibited in international criminal law as a war crime and crime against humanity regardless of state involvement.
The Torture Never Again Monument in Brazil features a naked man hanging in the pau de arara position, symbolizing the fight against these practices. There is some evidence that institutionalized prevention reduces rates, though efforts remain complicated by lack of understanding. Torture proliferates in situations of incommunicado detention where risk is highest directly after arrest. Procedural safeguards like immediate access to a lawyer are the most effective ways of prevention. Visits by independent monitoring bodies to detention sites can also help reduce incidence. General training of police to improve investigative ability has been more effective than specific human rights training. Political scientist Darius Rejali criticizes research for failing to address broken institutions and routine violence. Malcolm Evans believes fundamental shifts in societal attitudes toward at-risk people may be required to end torture entirely.
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Common questions
What is the definition of torture according to historical and legal sources?
Torture is defined as the deliberate infliction of severe pain for specific reasons such as punishment or extracting information. Legal systems often restrict this label to acts carried out by state actors, though some definitions include non-state groups.
When did torture begin in human history and when was it formally abolished in Europe?
Archaeological evidence places torture in Early Neolithic Europe approximately 7,000 years ago. The practice declined in Europe during the seventeenth century before its formal abolition in the eighteenth and early nineteenth centuries.
Who are the most common victims of torture today and which groups remain vulnerable?
Most victims are poor and marginalized people suspected of crimes, including unemployed young men, urban poor, LGBT people, refugees, migrants, ethnic minorities, indigenous people, and those with disabilities. Political prisoners receive disproportionate attention while survivors from these populations are often unwilling to report their experiences.
Why do torturers use violence and what psychological factors motivate them?
Fear frequently motivates torturers rather than sadism, and they often see their actions as serving a higher political goal justifying the means. Studies do not support the assumption that torturers are psychologically pathological, noting instead that many rely on coping mechanisms like alcohol or drugs.
What international laws prohibit torture and when were key conventions established?
The United Nations drew up the 1948 Universal Declaration of Human Rights following shock by Nazi atrocities during World War II. This document prohibited torture and stimulated the creation of the human rights movement leading to the United Nations Convention against Torture in 1984.
How does torture affect survivors physically and mentally after release from detention?
An average of 40 percent suffer long-term post-traumatic stress disorder at higher rates than any other trauma. Survivors often experience social and financial problems including housing insecurity and family separation alongside chronic pain and pain-related disability.