Keith Mack
Torture is prohibited by international law and is illegal everywhere. It is forbidden by several treaties, including Article 3 of the European Convention on Human Rights (ECHR) and the UN Convention Against Torture, which the UK has ratified. Torture has been carried out since ancient times, and while it was rare in early medieval Europe, it became more common between 1200 and 1400. Torture was used in medieval Europe to extract confessions from those accused of capital crimes when there were fewer than the two eyewitnesses required to convict someone in the absence of a confession. In the UK, torture was ruled out by English common law and proscribed by the Magna Carta as far back as the 13th century, and the English Bill of Rights of 1688 provided that cruell and unusuall punishments should not be inflicted.
| Characteristics | Values |
|---|---|
| Status under English common law | Torture was prohibited by English common law |
| Timeframe | Torture was prohibited by the English common law as far back as the 13th century |
| Legislation | The English Bill of Rights of 1688, Section 134 of the Criminal Justice Act 1988, Magna Carta |
| International law | Torture is prohibited under international law and is recognised as ius cogens, a preemptory norm that binds all states |
| Treaties | Article 3 of the European Convention on Human Rights (ECHR), the UN Convention Against Torture, and Other Cruel, Inhuman or Degrading Punishment (UNCAT) |
| Prohibition | Torture is prohibited in all circumstances and is explicitly forbidden by several treaties |
| Definition | Torture is the deliberate infliction of severe pain or suffering for punishment, extracting a confession, interrogation, or intimidation |
| Common settings | Police stations, military and security establishments, during and after conflicts, areas with fragile or non-existent rule of law |
| Effectiveness | Research suggests that torture is ineffective and does not work |
| Impact | Torture aims to break the victim's will and destroy their personality, and is cited as one of the most damaging experiences a person can undergo |
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What You'll Learn
The UK's involvement in the 'War on Terror'
Torture has been prohibited by English common law for several centuries, and the UK was ahead of many other European jurisdictions in abolishing its use. The use of torture was ruled out by English common law and proscribed by the Magna Carta in the 13th century. Article 3 of the European Convention on Human Rights (ECHR) prohibits torture and inhuman and degrading treatment. The UK is also bound by the UN Convention Against Torture, which requires countries to actively prevent torture.
The UK's involvement in the War on Terror has raised questions about the country's complicity in torture. There have been allegations that the UK has been involved in campaigns of violence and torture, such as in Xinjiang, where UK agencies allegedly assisted in kidnappings, detentions, and interrogations during which abuses occurred. In some cases, there have been claims of UK officials being present during interrogations in other countries where torture was used.
The UK's role in the War on Terror has also resulted in expanded surveillance and data-sharing powers for police, with a national DNA database being created. The UK was also involved in the invasion of Afghanistan, alongside the US, and the Afghan Northern Alliance. This resulted in the capture or killing of numerous al-Qaeda operatives. The US carried out a campaign of drone attacks in the Federally Administered Tribal Areas, and UK special forces were implicated in the summary executions of civilians during 2010-2013, with a subsequent cover-up at the highest levels.
The War on Terror has led to a major extension of domestic power in the UK, with legislation governing stop, search, surveillance, arrest, detention, and charge being strengthened. Despite this expansion of state power, the exercise of it has been described as constrained, contradictory, and sometimes ineffective.
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The UK's ratification of the UN Convention Against Torture
The United Nations Convention Against Torture, or UNCAT, is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment worldwide. The convention defines "torture" as any act that intentionally inflicts severe physical or mental pain or suffering on an individual to obtain information, punishment, intimidation, or discrimination. It is worth noting that this does not include pain or suffering resulting from lawful sanctions.
Upon ratifying the convention, the UK was required to submit an initial report to the Committee Against Torture (CAT) within one year, followed by subsequent reports every four years. The CAT is a body of human rights experts that monitors the implementation of the convention by state parties. It examines each report and provides "concluding observations" to the state party, addressing any concerns and recommendations.
In addition to the CAT's oversight, the convention establishes a dispute-resolution mechanism between parties and allows individuals to submit complaints about violations. The convention also mandates that parties ban the use of evidence obtained through torture in their courts and prohibits the deportation or extradition of individuals to countries where they are at risk of torture.
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The UK's domestic legislation prohibiting torture
Torture has been prohibited by English common law for several centuries, and the UK was well ahead of many other European jurisdictions in abolishing its use. The common law was motivated by the cruelty of the practice, the inherent unreliability of confessions or evidence obtained through torture, and the belief that it degraded all those involved. In addition to the established common law provisions, section 134 of the Criminal Justice Act 1988 makes it an offence for any public official to 'intentionally inflict severe pain or suffering on another in the performance of his official duties'.
The UN Convention Against Torture, which came into force on 26 June 1987, requires countries to take active steps to prevent torture and declares that no exceptional circumstances can justify its use. The UK has ratified this convention, demonstrating its commitment to upholding human rights standards and holding states accountable for any violations.
In conclusion, the UK's domestic legislation prohibiting torture is established through a combination of common law, the Criminal Justice Act 1988, the Human Rights Act 1998, and its ratification of international treaties such as the ECHR and the UN Convention Against Torture. These laws and treaties work together to provide a comprehensive framework for the prohibition of torture and the protection of human rights in the UK.
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The use of torture in medieval Europe
Torture has been prohibited by English common law for several centuries, and the UK was ahead of many other European jurisdictions in abolishing its use. The use of torture was formally abolished in 1640 by the Long Parliament, and in Scotland by the Treason Act in 1708. The UK is bound by the UN Convention Against Torture, which requires countries to take active steps to prevent torture.
Torture was used in medieval Europe as a means of punishment, extracting confessions, and instilling fear. The practice was not as prevalent as often believed, but when employed, it was horrific for those subjected to it. Various devices and methods were used to inflict pain and suffering, including:
- The Judas Cradle, or Judas Chair, where the victim was lowered onto a sharp, pyramid-shaped object, causing it to rip through their pelvis.
- The Pear of Anguish, a handheld metal device in the shape of a pear with four leaves that unfurled with the turn of a screw.
- The Thumbscrew, where a person's thumbs or other digits were crushed between metal bars.
- The Rack, a device that stretched the victim.
These methods were designed to cause extreme physical pain and suffering, and their use is considered a violation of human rights and international law. The prohibition of torture is now a fundamental principle of international law, and it is recognised as ius cogens, a peremptory norm that binds all states regardless of their ratification of specific conventions.
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The effectiveness of torture
Torture has been prohibited by English common law for several centuries, and the UK was ahead of many other European jurisdictions in abolishing its use. The common law rejected torture due to its inherent cruelty, the unreliability of confessions or evidence obtained through it, and the degradation it caused to all involved.
Torture is the deliberate infliction of severe pain or suffering on an individual, with the aim of punishment, extracting a confession, interrogation for information, or intimidating third parties. It has been carried out since ancient times, with various methods employed, often in combination, such as beatings, sleep deprivation, and waterboarding.
In addition, torture programs often escalate beyond their initial scope, leading to involved agencies losing effectiveness. Furthermore, public opinion generally opposes torture, and it is prohibited under international law and explicitly forbidden by several treaties, such as the European Convention on Human Rights and the UN Convention Against Torture.
Despite the prohibition, torture still occurs in many countries, including those that have signed and ratified international conventions against it. States have changed the techniques used, denied their involvement, covered up their actions, or outsourced torture programs to avoid accountability. However, torture is always wrong, illegal, and unjustified, and it destroys lives.
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Frequently asked questions
No, torture has been contrary to English common law for several centuries.
Torture was formally abolished in England in 1640 by the Long Parliament, though it was rarely used after 1628.
Torture is defined by the 1984 UN Convention Against Torture as: "Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person".
No, torture is prohibited under international law for all states under all circumstances.
Examples of torture include beatings, sleep deprivation, waterboarding, and psychological methods.
