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{{Short description|Deliberate infliction of suffering on a person}}
{{Otheruses}}
{{Other uses}}
'''Torture''', according to ], is "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. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."<ref>, United Nations, 10 December 1984.</ref> In addition to state-sponsored torture, individuals or groups may inflict torture on others for similar reasons; however, the motive for torture can also be for the sadistic gratification of the torturer, as was the case in the ].
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{{Use dmy dates|date=January 2020}}
{{Use shortened footnotes|date=October 2022}}
] soldier, blindfolded and tied in a ] by American forces during the ], 1967]]


'''Torture''' is the deliberate infliction of severe pain or suffering on a person for reasons including ], ], ], or intimidating third parties.
Torture is prohibited under international law and the domestic laws of most countries; however, ] estimates that 75% of the world's governments currently practice torture.<ref>Politically-motivated torture and its survivors </ref>


<!-- types -->
Throughout history, torture has often been used as a method of effecting political ]. In the 21st century, torture is widely considered to be a violation of ], and discouraged by Article 5 of the ] ]. In times of war, signatories of the ] and ] agree not to torture protected persons (]s and enemy civilians) in armed conflicts.
] restrict torture to acts carried out by the ], while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against ]s, or during armed conflict, has received disproportionate attention. ] and ] are sometimes seen as forms of torture, but this label is internationally controversial. A variety of ] are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non-] or ] methods to maintain deniability.


<!-- Perpetrators & victims and adverse effects experienced by both -->
International legal prohibitions on torture derive from a philosophical consensus that torture and ill-treatment are immoral.<ref>] </ref> A further moral definition of torture proposes that the act of torture consists in the disproportionate infliction of pain.<ref> {{cite web| url = http://jimmyakin.typepad.com/defensor_fidei/2006/11/defining_tortur_2.html| title = Defining Torture: Proposing A Definition| accessdate = 2006-11-27| author = Ha Rim Kang| last = Kang| first = Ha Rim|| year = 2006 | month = November}}</ref> These international conventions and philosophical propositions not withstanding, organizations such as ] that monitor abuses of human rights report a widespread use of torture condoned by states in many regions of the world.<ref>] . See for example in the 2005 report "Americas - regional overview 2004: Respect for human rights remained an illusion for many as governments across the Americas failed to comply with their commitments to uphold fundamental human rights. Widespread torture, unlawful killings by police and arbitrary detention persisted."</ref>
Torturers more commonly act out of ], or due to limited resources, rather than ]. Although most torturers are thought to learn about torture techniques informally and rarely receive explicit orders, they are enabled by organizations that facilitate and encourage their behavior. Once a torture program begins, it usually escalates beyond what is intended initially and often leads to involved agencies losing effectiveness. Torture aims to break the victim's ], destroy their ] and ], and is cited as one of the most damaging experiences that a person can undergo. Many victims suffer both physical damage—] is particularly common—and mental ]. Although torture survivors have some of the highest rates of ], many are psychologically resilient.


<!-- history & prohibition -->
==Etymology==
Torture has been carried out since ancient times. However, in the eighteenth and nineteenth centuries, many Western countries abolished the official use of torture in the ], although it continued to be used throughout the world. Public opinion research shows general opposition to torture. It is ] for all states ] and is explicitly forbidden by several treaties. Opposition to torture stimulated the formation of the ] after ], and it continues to be an important ] issue. Although prevention efforts have been of mixed effectiveness, institutional reforms and the elimination of ] have had positive effects. Despite its decline, torture is still practiced in or by most countries.
''Torture'' is the English cognate of the ] word ''tortura'' for *''torqu-tura'', originally meaning an "act of twisting" akin to ] and ]. {{fact|date=December 2007}}


==Definitions==
=== Other meanings of the word ===
{{main|Definitions of torture}}
Especially in countries where citizens can expect to be spared routine exposure to real torture, the word "torture" is used loosely (and to some people, inappropriately) for ordinary, even accidental discomforts. For example, "I was stuck in a traffic jam for three hours today, it was torture!"
Torture{{efn|From ] {{lang|la|tortura}}: {{gloss|pain inflicted by judicial or ecclesiastical authority as a means of persuasion}}, ultimately from a Latin root meaning {{gloss|to twist}}.{{sfn|Whitney|Smith|1897|p=}}}} is defined as the deliberate infliction of severe pain or suffering on someone under the control of the perpetrator.{{sfn|Nowak|2014|pp=396–397}}{{sfn|Carver|Handley|2016|p=38}} The treatment must be inflicted for a specific purpose, such as punishment and forcing the victim to confess or provide information.{{sfn|Nowak|2014|pp=394–395}}{{sfn|Pérez-Sales|2016|pp=96–97}} The definition put forth by the ] only considers torture carried out by the state.{{sfn|Carver|Handley|2016|pp=37–38}}{{sfn|Nowak|2014|p=392}}{{sfn|Hajjar|2013|p=40}} Most legal systems include agents acting on behalf of the state, and some definitions add ], ], or private individuals working in state-monitored facilities (]). The most expansive definitions encompass anyone as a potential perpetrator.{{sfn|Pérez-Sales|2016|pp=279–280}} Although torture is usually classified as more severe than ] (CIDT), the threshold at which treatment can be classified as torture is the most controversial aspect of its definition; the interpretation of torture has broadened over time.{{sfn|Hajjar|2013|p=40}}{{sfn|Carver|Handley|2016|pp=37–38}}{{sfn|Saul|Flanagan|2020|pp=364–365}} Another approach, preferred by scholars such as ] and ], distinguishes torture from CIDT by considering only the torturer's purpose, and not the severity.{{sfn|Carver|Handley|2016|p=37}}{{sfn|Nowak|2014|p=391}} Other definitions, such as that in the ], focus on the torturer's aim "to obliterate the personality of the victim".{{sfn|Pérez-Sales|2016|pp=3, 281}}{{sfn|Wisnewski|2010|pp=73–74}}

Rather paradoxically the term is also commonly used where similar methods to inflict pain and/or humiliation are used, though generally in mitigated form as games, i.e. for the inverse purpose of giving the 'players' sexual and/or fetish pleasure from inflicting and/or enduring the 'tortuous' discipline. This is even true for techniques such as genitorture, which can only be used in a virtual parody since the real thing implies unacceptable medical risks.

==Laws against torture==
] at the ], where the ] met to adopt the ] in 1948]]
On ], ] the ] adopted, the ] (UDHR). Article 5 states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."<ref>, United Nations, 10 December 1948</ref>

Since that time a number of international treaties have been adopted to prevent the use of torture. Two of these are the ] and the ].

===United Nations Convention Against Torture===
The ] (UNCAT) came into force in June 1987. The most relevant articles are Articles 1, 2, 3, and the first paragraph of Article 16.

{{quotation|Article 1<br>
1. 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 ]. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.<br>
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.}}

{{quotation|Article 2<br>
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.<br>
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.<br>
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.}}

{{quotation|Article 3<br>
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.<br>
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.}}

{{quotation|Article 16<br>
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.}}

Note several points:
*Section 1: Torture is "severe pain or suffering".<ref>) pp. 40,41, ¶ 167 "Although the ], as applied in combination, undoubtedly amounted to inhuman and degrading treatment, although their object was the extraction of confessions, the naming of others and/or information and although they were used systematically, they did not occasion suffering of the particular intensity and cruelty implied by the word torture as so understood."</ref> The ] (ECHR) influences discussions on this area of international law. See the section ] for more details on the ECHR ruling.
* Section 2: There are "no exceptional circumstances whatsoever" where a state can use torture and not break its treaty obligations".<ref name=CatC> ] 2006, Paragraph 14</ref> The applicable sanction is publicity that nonconforming signatories have broken their treaty obligations.<ref>Maggie Farley in The ]</ref>
* Section 16: Obliges signatories to prevent "acts of cruel, inhuman or degrading treatment or punishment", in "any territory under its jurisdiction".<ref>The unanimous ] judgment on ], ] ruled that, under English law tradition, "torture and its fruits" could not be used in court ( by Staff and agencies in ] ], ]). But the information thus obtained could be used by the British police and security services as "it would be ludicrous for them to disregard information about a ticking bomb if it had been procured by torture."( by Jon Silverman ] ] ])</ref>

About half of the world's countries have acceded to the UN Convention against Torture.

====Optional Protocol to the UN Convention Against Torture====

The ] (OPCAT) entered into force on ] ] as an important addition to the UNCAT. As stated in Article 1, the purpose of the protocol is to "establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment."<ref>, United Nations, ] ].</ref> Each state ratifying the OPCAT, according to Article 17, is responsible for creating or maintaining at least one independent national preventive mechanism for torture prevention at the domestic level.

===Rome Statute of the International Criminal Court===
]]]
The ] establishing the ], limits jurisdiction of the Court to "the most serious crimes of concern to the international community as a whole", which includes torture, in Article 7, "Crimes against humanity", and Article 8, "War Crimes". The Statute describes torture as "the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions" (Article 7.e).<ref></ref> The ICC began operation on ], ], and does not apply to offenses which occurred before that date. Cases also may not be brought to the ICC unless national criminal justice institutions of those states party to the Rome Statute are unwilling or unable to act.

===Geneva Conventions===
The four ] provide protection for people who fall into enemy hands. It divides people into two explicit groups: combatants and ]s.

The ] (GCIII) and ] (GCIV) Geneva Conventions are the two most relevant for the treatment of the victims of conflicts. Both treaties state in Article 3, in similar wording, that in a non-international armed conflict, "Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms... shall in all circumstances be treated humanely." The treaty also states that there must not be any "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture" or "outrages upon personal dignity, in particular humiliating and degrading treatment".<ref>], 12 August 1949.</ref><ref>], 12 August 1949.</ref>

GCIV covers most ]s in an international armed conflict, and says they are usually "Protected Persons" (see exemptions section immediately after this for those who are not). Under Article 32, protected persons have the right to protection from "murder, torture, corporal punishments, mutilation and medical or scientific experiments...but also to any other measures of brutality whether applied by non-combatant or military agents".

GCIII covers the treatment of ] (POWs) in an international armed conflict. In particular, Article 17 says that "No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted or exposed to unpleasant or disadvantageous treatment of any kind." POW status under GCIII has far fewer exemptions than "Protected Person" status under GCIV. Captured enemy combatants in an international armed conflict automatically have the protection of GCIII and are POWs under GCIII unless they are determined by a competent tribunal to not be a POW (GCIII Article 5).

====Geneva Convention IV exemptions====
GCIV provides an important exemption:
{{quotation|Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would ... be prejudicial to the security of such State ... In each case, such persons shall nevertheless be treated with humanity (GCIV Article 5)}}

Also nationals of a State which is not bound by the Convention are not protected by it, and nationals of a neutral State in the territory of a combatant State, and nationals of a co-belligerent State, cannot claim the protection of GCIV if their home state has normal diplomatic representation in the State that holds them (Article 4), as their diplomatic representatives can take steps to protect them. Since nearly every state has diplomatic recognition of every other state, most citizens of neutral countries in a war zone are not able to claim any protection from GCIV.

] have fewer protections under GCIII. If there is a question of whether a person is an unlawful combatant, he (or she) must be treated as a POW "until their status has been determined by a competent tribunal" (GCIII Article 5). If the tribunal decides that he is an unlawful combatant, he is not considered a protected person under GCIII. However, if he is a protected person under GCIV he still has some protection under GCIV, and must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention" (GCIV Article 5).<ref> "Every person in enemy hands must have some status under international law: he is either a prisoner of war and, as such, covered by the Third Convention, a civilian covered by the Fourth Convention, or again, a member of the medical personnel of the armed forces who is covered by the First Convention. ''There is no'' intermediate status; nobody in enemy hands can be outside the law. We feel that this is a satisfactory solution – not only satisfying to the mind, but also, and above all, satisfactory from the humanitarian point of view.", because in the opinion of the ICRC "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents (the treaties of humanitarian law do not expressly contain these terms). They may be prosecuted under the domestic law of the detaining state for such action" (Jean Pictet (ed.) – – 1994 reprint edition). Article 51.3 also covers this interpretation "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".</ref>

====Additional Protocols to the Geneva Conventions====
There are two additional protocols to the Geneva Convention: ] (1977), relating to the protection of victims of international armed conflicts and ] (1977), relating to the protection of victims of non-international armed conflicts. These clarify and extend the definitions in some areas, but to date many countries, including the ], have either not signed them or have not ratified them.

] does not mention torture but it does affect the treatment of POWs and Protected Persons. In Article 5, the protocol explicitly involves "the appointment of Protecting Powers and of their substitute" to monitor that the Parties to the conflict are enforcing the Conventions.<ref>, Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts, 8 June 1977.</ref> The protocol also broadens the definition of a lawful combatant in occupied territory to include those who carry arms openly but are not wearing uniforms, so that they are now ]s and protected by the Geneva Conventions. It also defines who is a mercenary, and implicitly an unlawful combatant, and not protected by the same conventions.

] "develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application" (Article 1). Any person who does not take part in or ceased to take part in hostilities is entitled to humane treatment. Among the acts prohibited against these persons are, "Violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment" (Article 4.a), "Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault" (Article 4.e), and "Threats to commit any of the foregoing acts" (Article 4.h).<ref>, Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts, 8 June 1977.</ref> There are clauses in other articles which implore humane treatment of enemy personnel in an internal conflict, which have a bearing on the use of torture, but there are no other clauses which explicitly mention torture.

===Other conventions===

In accordance with the non-binding ] (1955), "corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences."<ref>, United Nations, Geneva, 1955.</ref> The ], (] ]), explicitly prohibits torture and "cruel, inhuman or degrading treatment or punishment" by signatories.<ref> United Nations, ] ].</ref>

====European agreements====
In ] during the ], the participating member states of the ] signed the ]. The treaty was based on the ]. It included the provision for a court to interpret the treaty, and Article 3 "Prohibition of torture" stated, "No one shall be subjected to torture or to inhuman or degrading treatment or punishment."<ref>,] ](with later protocols). </ref>

In 1978 the ] ruled that the ] of "]" were not torture as laid out in Article 3 of the European Convention on Human Rights, but were "inhuman or degrading treatment"<ref>. (Case No. 5310/71)</ref> (see ] for details). This case occurred nine years before the United Nations Convention Against Torture came into force and had an influence on thinking about what constitutes torture ever since.

On ] ] the member states of the ], meeting at ], adopted the ] (ECPT). Two additional Protocols amended the Convention, which entered into force on ] ]. The Convention set up the ] to oversee compliance with its provisions.

====Inter-American Convention====
The ], currently ratified by 17 nations of the Americas and in force since ] ], defines torture more expansively than the United Nations Convention Against Torture. "For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.

The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article."<ref>, Organization of American States, ] ].</ref>

===Supervision of anti-torture treaties===
The ], an official UN document, is the first set of international guidelines for documentation of torture and its consequences. It became a United Nations official document in 1999.

Under the provisions of ] that entered into force on ] ] independent international and national bodies will regularly visit places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. Each state that ratified the OPCAT, according to Article 17, is responsible for creating or maintaining at least one independent national preventative mechanism for torture prevention at the domestic level.

The European Committee for the Prevention of Torture, citing Article 1 of the ], stipulates, "visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment".<ref></ref>

In times of armed conflict between a signatory of the Geneva conventions and another party, delegates of the ] (ICRC) monitor the compliance of signatories to the Geneva Conventions, which includes monitoring the use of torture. Human rights organizations, such as ], the ], and ] work actively to stop the use of torture throughout the world and publish reports on any activities they consider to be torture.<ref> </ref>

===Municipal law===
] that ratified the ] have a treaty obligation to include the provisions into ]. The laws of many states therefore formally prohibit torture. However, such '']'' legal provisions are by no means a proof that, '']'', the signatory country does not use torture.

To prevent torture, many legal systems have a ] or explicitly prohibit undue force when dealing with suspects.

] abolished torture in about 1640 (except ] which England only abolished in 1772), in ] in 1708, in ] in 1740, in ] around 1770, in ] in 1801.<ref> by Schaff, Philip (1819-1893)</ref><ref></ref>

The ] 1789 ], of constitutional value, prohibits submitting suspects to any hardship not necessary to secure his or her person. Statute law explicitly makes torture a crime. In addition, statute law prohibits the police or justice from interrogating suspects under oath.

The ] includes this protection in the ] to its ], which in turn serves as the basis of the ], which law enforcement officers issue to individuals upon their arrest. Additionally, the US Constitution's ] forbids the use of "cruel and unusual punishments", which is widely interpreted as a prohibition of the use of torture. Finally, 18 U.S.C. § 2340 <ref></ref> ''et seq.'' define and forbid torture outside the United States.


==History== ==History==
===Pre-abolition===
] of ].]] ] clerics presiding over the torture of a man suspected to be a heretic before his subsequent ] during the ]. ''Circa 1700 AD''. According to ] the authorities: <br> ''"...placed no limits on the means; in this way they used the ], the ], ], etc. In some cases...they applied padlocked irons to the flesh which even led to the ] of a ]..."'']]
]ite chiefs flayed alive after the ], ]|upright=1.3]]


Torture was legally and morally acceptable in most ancient, medieval, and early modern societies.{{sfn|Einolf|2007|p=104}} There is archaeological evidence of torture in ] Europe, about 7,000 years ago.{{sfn|Meyer ''et al.''|2015|p=11217}} Torture is commonly mentioned in historical sources on ] and ].<ref>{{cite web |last1=Jacobs |first1=Bruno |title=Torture in the Achaemenid Period |url=https://iranicaonline.org/articles/torture-achaemenid-period |website=] |access-date=7 March 2022 |date=16 March 2017}}</ref>{{sfn|Frahm|2006|p=81}} Societies used torture both as part of the judicial process and as punishment, although some historians make a distinction between torture and painful punishments.{{sfn|Hajjar|2013|p=14}}{{sfn|Barnes|2017|pp=26–27}} Historically, torture was seen as a reliable way to elicit the truth, a suitable punishment, and deterrence against future offenses.{{sfn|Evans|2020|loc=History of Torture}} When torture was legally regulated, there were restrictions on the allowable methods;{{sfn|Evans|2020|loc=History of Torture}} common methods in Europe included ] and ].{{sfn|Beam|2020|p=393}} In most societies, citizens could be judicially tortured only under exceptional circumstances and for a serious crime such as ], often only when some evidence already existed. In contrast, non-citizens such as foreigners and slaves were commonly tortured.{{sfn|Einolf|2007|p=107}}
The Romans used torture only for interrogation before judgment; officials did not regard ] as torture, as they only authorized it after issuing a death sentence. In the ], a slave's testimony was admissible ''only'' if it had been extracted by torture, on the assumption that slaves could not be trusted to reveal the truth voluntarily.<ref>Peters, Edward. Torture. New York: Basil Blackwell Inc., 1985.</ref>{{Fact|date=February 2007}} Over time the conceptual definition of torture has been expanded and remains a major question for ethics, philosophy, and law, but clearly includes the practices of many subsequent cultures.


Torture was rare in ] but became more common between 1200 and 1400.{{sfn|Beam|2020|p=392}}{{sfn|Einolf|2007|pp=107–108}}{{sfn|Hajjar|2013|p=16}} Because medieval judges used an exceptionally high standard of proof, they would sometimes authorize torture when ] tied a person to a ] if there were fewer than the ] to convict someone in the absence of a confession.{{sfn|Einolf|2007|pp=107–108}}{{sfn|Hajjar|2013|p=16}} Torture was still a labor-intensive process reserved for the most severe crimes;{{sfn|Beam|2020|pp=398, 405}} most torture victims were men accused of murder, treason, or theft.{{sfn|Beam|2020|p=394}} Medieval ] and ] used torture under the same procedural rules as secular courts.{{sfn|Wisnewski|2010|p=34}} The ] and ] used torture in cases where circumstantial evidence tied someone to a crime, although ] has traditionally considered ] to be ].{{sfn|Einolf|2007|p=108}}
In much of Europe, medieval and early modern courts freely inflicted torture, depending on the accused's crime and the social status of the suspect. Torture was deemed a legitimate means for justice to extract confessions or to obtain the names of accomplices or other information about the crime. Often, defendants sentenced to death would be tortured prior to execution, so as to have a last chance to disclose the names of their accomplices. Torture in the ] began in 1252, although a ] in 1816 forbade its use in Catholic countries.


===Abolition and continued use===
In the ] especially and up into the ], torture was deemed a legitimate way to obtain ] and ]s from ]s for use in judicial inquiries and ]s. While, in some instances, the secular courts treated suspects more ferociously than the religious courts, ] and Ariel Durant argued in ''The Age of Faith'' that many of the most vicious procedures were inflicted, not upon stubborn prisoners by governments, but upon pious heretics by even more pious friars. For example, the ] gained a reputation as some of the most fearsomely innovative torturers in medieval Spain. Many of the victims of the ] did not know (and were not informed) that, had they just confessed as required, they might have faced penalties no more severe than mild penance; confiscation of property; and even, perhaps, a few strokes of the whip. {{Fact|date=February 2007}} They thus ended up exposing themselves to torture. Many conceivably clung to "the principle of the thing", however noble (or foolhardy) that torture victims may face.
], {{circa|1812}}]]
Torture remained legal in Europe during the seventeenth century, but its practice declined.{{sfn|Einolf|2007|p=109}}{{sfn|Beam|2020|p=400}} Torture was already of marginal importance to European ]s by its formal abolition in the 18th and early 19th centuries.{{sfn|Einolf|2007|pp=104, 109}}{{sfn|Beam|2020|p=404}} Theories for why torture was abolished include the rise of ] ideas about the value of the human person,{{sfn|Hajjar|2013|p=19}}{{sfn|Wisnewski|2010|p=25}} the lowering of the standard of proof in criminal cases, popular views that no longer saw pain as morally redemptive,{{sfn|Einolf|2007|p=109}}{{sfn|Wisnewski|2010|p=25}} and the expansion of imprisonment as an alternative to executions or painful punishments.{{sfn|Hajjar|2013|p=19}}{{sfn|Beam|2020|pp=399–400}} It is not known if torture also declined in non-Western states or European colonies during the nineteenth century.{{sfn|Einolf|2007|p=111}} In China, judicial torture, which had been practiced for more than two millennia,{{sfn|Evans|2020|loc=History of Torture}} was banned in 1905 along with flogging and '']'' (]) as a means of execution,{{sfn|Bourgon|2003|p=851}} although ] continued throughout the twentieth and twenty-first centuries. {{sfn|Pérez-Sales|2016|p=155}}


Torture was widely used by ] to subdue resistance and reached a peak during the anti-colonial wars in the twentieth century.{{sfn|Einolf|2007|p=112}}{{sfn|Hajjar|2013|p=24}} An estimated 300,000 people ] during the ] (1954–1962),{{sfn|Pérez-Sales|2016|pp=148–149}} and the United Kingdom and Portugal also used torture in attempts to retain their respective empires.{{sfn|Barnes|2017|p=94}} Independent states in Africa, the Middle East, and Asia often used torture in the twentieth century, but it is unknown whether their use of torture increased or decreased compared to nineteenth-century levels.{{sfn|Einolf|2007|p=112}} During the first half of the twentieth century, torture became more prevalent in Europe with the advent of ],{{sfn|Wisnewski|2010|p=38}} ] and ], and the rise of ] and ] states.{{sfn|Einolf|2007|p=104}}
One of the most common forms of medieval inquisition torture was ].{{Fact|date=February 2007}} Torturers bound the accused's hands behind the back with a rope, then the torturer suspended the accused by hauling up the hands, painfully dislocating the shoulder joints. The torturer could add weight to the legs, dislocating their joints as well. The prisoner and weights could be hauled up and suddenly dropped. This refined torture (with dropping added) was called ]. Other torture methods could include ] (stretching the victim’s joints to breaking point), the ], the ] (some versions of which crushed the calf, ankle, and heel between vertically positioned boards, while others tortured the instep and toes between horizontally oriented plates), water (massive quantities of water forcibly ingested—or even mixed with urine, pepper, feces, ''etc.'', for additional persuasiveness), and red-hot pincers (typically applied to fingers, toes, ears, noses, and nipples, although one tubular version ]"] was specially devised for application to the penis in cases of ]),{{Fact|date=May 2007}} although church policy sometimes forbade bodily mutilation. If the torturer needed stronger methods, or if a death sentence was issued, the person was sent over to the secular authorities, who had no restrictions.


Torture was also used by both communist and anti-communist governments during the ] in Latin America, with an estimated 100,000 to 150,000 victims of torture by United States–backed regimes.{{sfn|Einolf|2007|pp=111–112}}{{sfn|Hajjar|2013|pp=27–28}} The only countries in which torture was rare during the twentieth century were the ] of the West, but torture was still used there, against ethnic minorities or criminal suspects from marginalized classes, and during overseas wars against foreign populations.{{sfn|Einolf|2007|p=112}} After the ], the US government embarked on ] as part of its ].{{sfn|Hajjar|2013|pp=1–2}} It is disputed whether torture increases, decreases, or remains constant.{{sfn|Einolf|2023}}
Torturous interrogations were generally conducted in secret, inside underground dungeons. By contrast, torturous executions were typically public, and woodcuts of English prisoners being ] show large crowds of spectators, as do paintings of Spanish ] executions, in which heretics were burned at the stake.


==Prevalence==
In 1613 ] described the situation of the prisoners in the dungeons in his book ''Gründlicher Bericht über Zauberei und Zauberer'' (''Thorough Report about Sorcery and Sorcerers''). He was one of the first to protest against all means of torture.
] used during the ]. The use of tear gas on protestors is sometimes considered a form of torture.{{sfn|Carver|Handley|2016|p=39}}]]
Most countries practice torture, although few acknowledge it.{{sfn|Kelly|2019|p=2}}{{sfn|Hajjar|2013|p=42}} The international prohibition of torture has not completely stopped torture; instead, states have changed which techniques are used and denied, covered up, or ] torture programs.{{sfn|Barnes|2017|p=182}} Measuring the rate at which torture occurs is difficult because it is typically committed in secrecy, and abuses are likelier to come to light in ] where there is a commitment to protecting human rights.{{sfn|Carver|Handley|2016|p=36}} Many torture survivors, especially those from poor or marginalized populations, are unwilling to report.{{sfn|Kelly ''et al.''|2020|pp=73, 79}}{{sfn|Jensena ''et al.''|2017|pp=406–407}} Monitoring has focused on police stations and prisons, although torture can also occur in other facilities such as ] and ]s.{{sfn|Rejali|2020|pp=84–85}}{{sfn|Kelly ''et al.''|2020|p=65}} Torture that occurs outside of custody—including extrajudicial punishment, intimidation, and ]—has traditionally not been counted, even though some studies have suggested it is more common than torture in places of detention.{{sfn|Kelly|2019|pp=3–4}}{{sfn|Kelly ''et al.''|2020|pp=73, 79}}{{sfn|Jensena ''et al.''|2017|pp=406–407}} There is even less information on the prevalence of torture before the twentieth century.{{sfn|Einolf|2007|p=104}} Although it is often assumed that men suffer torture at a higher rate than women, there is a lack of evidence.{{sfn|Milewski ''et al.''|2023}} Some quantitative research has estimated that torture rates are either stagnant or increasing over time, but this may be a measurement effect.{{sfn|Einolf|2023}}


Although liberal democracies are less likely to abuse their citizens, they may practice torture against marginalized citizens and non-citizens to whom they are not democratically accountable.{{sfn|Einolf|2007|p=106}}{{sfn|Hajjar|2013|p=24}} Voters may support violence against out-groups seen as threatening; ] institutions are ineffective at preventing torture against minorities or foreigners.{{sfn|Evans|2020|loc=Political and Institutional Influences on the Practice of Torture}} Torture is more likely when a society feels threatened because of wars or crises,{{sfn|Einolf|2007|p=106}}{{sfn|Evans|2020|loc=Political and Institutional Influences on the Practice of Torture}} but studies have not found a consistent relationship between the use of torture and terrorist attacks.{{sfn|Rejali|2020|p=82}}
In ancient and medieval torture, there was little inhibition on inflicting bodily damage. People generally assumed that no innocent person would be accused, so anybody who appeared in the torture chamber was ultimately destined for execution{{Fact|date=February 2007}}, typically of a gruesome nature. Any minor mutilations due to rack or thumbscrew would not be noticed after a person had been ]. Besides, the torturer operated under the full authority of the church, the state, or both.


Torture is directed against certain segments of the population, who are denied the protection against torture given to others.{{sfn|Wolfendale|2019|p=89}}{{sfn|Celermajer|2018|pp=161–162}}{{sfn|Evans|2020|loc=Political and Institutional Influences on the Practice of Torture}} Torture of ] and torture during armed conflicts receive more attention compared to torture of the poor or criminal suspects.{{sfn|Oette|2021|p=307}}{{sfn|Carver|Handley|2016|p=36}} Most victims of torture are suspected of crimes; a disproportionate number of victims are from poor or marginalized communities.{{sfn|Kelly|2019|pp=5, 7}}{{sfn|Carver|Handley|2016|p=36}} Groups especially vulnerable to torture include unemployed young men, the ], ], refugees and migrants, ethnic and racial minorities, ], and ].{{sfn|Oette|2021|p=321}} ] and the resulting ] in particular leave poor people vulnerable to torture.{{sfn|Kelly ''et al.''|2020|p=70}} ], through laws targeting ], ], or working in the ], can lead to violent and arbitrary policing.{{sfn|Oette|2021|pp=329–330}} Routine violence against poor and marginalized people is often not seen as torture, and its perpetrators justify the violence as a legitimate policing tactic;{{sfn|Celermajer|2018|pp=164–165}} victims lack the resources or standing to seek redress.{{sfn|Kelly ''et al.''|2020|p=70}}
==Torture in recent times==
{{main|Uses of torture in recent times}}
Modern sensibilities have been shaped by a profound reaction to the ] and ] committed by the ] in the ], which have led to a sweeping international rejection of most if not all aspects of the practice. Even so, many countries find it expedient from time to time to use torturous techniques; at the same time few wish to be described as doing so, either to their own citizens or international bodies. A variety of devices bridge this gap, including state ], "]", "]", denial that given treatments are torturous in nature, appeal to various laws (national or international), use of ], claim of "overriding need", and so on. Many states throughout history, and many states today, view torture as a tool (unofficially and when expedient and desired). As a result, and despite worldwide condemnation and the existence of treaty provisions that forbid it, torture still occurs in two thirds of the world's nations.<ref>, ] ]. This link needs fixing. See the references . This could be one of two articles.</ref><br />


==Perpetrators==
Torture remains a frequent method of repression in ] regimes, ], and ]. In authoritarian regimes, torture extracts confessions from political dissenters, so that they admit to ] or ], probably manipulated by some foreign country. Most notably, such a dynamic of forced confessions marked the justice system of the ] during the reign of ] (thoroughly described in ]'s '']'').
In addition to state-sponsored torture, individuals or groups may inflict torture on others for similar reasons; however, the motive for torture can also be for the sadistic gratification of the torturer, as was the case in the ].


] poses over ]'s corpse, after he was tortured to death by CIA personnel.]]
===Torture by proxy===
<!-- ]) being tortured by United States forces at ] in Iraq.]] -->
In 2003, ]'s Ambassador to ], ], made accusations that information was being extracted under extreme torture from dissidents in that country, and that the information was subsequently being used by Western, democratic countries which officially disapproved of torture.<ref>, '']'' ] ]</ref>
Since most research has focused on torture victims, less is known about the perpetrators of torture.{{sfn|Austin|2022|p=19}} Many torturers see their actions as serving a higher political or ideological goal that justifies torture as a legitimate means of protecting the state.{{sfn|Wisnewski|2010|pp=192–193}}{{sfn|Wolfendale|2019|p=92}}{{sfn|Evans|2020|loc=Political and Institutional Influences on the Practice of Torture}} Fear is often the motivation for torture, and it is typically not a rational response as it is usually ineffective or even counterproductive at achieving the desired aim.{{sfn|Einolf|2023}} Torture victims are often viewed by the perpetrators as severe threats and ].{{sfn|Wisnewski|2010|pp=194–195}} Studies of perpetrators do not support the common assumption that they are psychologically pathological.{{sfn|Einolf|2023}}{{sfn|Austin|2022|pp=29–31}} Most perpetrators do not volunteer to be torturers;{{sfn|Einolf|2023}} many have an innate reluctance to employ violence, and rely on ], such as alcohol or drugs.{{sfn|Austin|2022|pp=29–31}} Psychiatrist ] finds that torturers act from a variety of motives such as ideological commitment, personal gain, group belonging, avoiding punishment, or avoiding guilt from previous acts of torture.{{sfn|Pérez-Sales|2016|p=106}}


Although it is often assumed that torture is ordered from above at the highest levels of government,{{sfn|Austin|2022|pp=22–23}} sociologist ] argues that government authorization is a necessary but not sufficient condition for torture to occur, given that a specific order to torture rarely can be identified.{{sfn|Austin|2022|p=25}} In many cases, a combination of dispositional and situational effects lead a person to become a torturer.{{sfn|Pérez-Sales|2016|p=106}}{{sfn|Austin|2022|p=23}} In most cases of systematic torture, the torturers were desensitized to violence by being exposed to physical or ] during training{{sfn|Collard|2018|p=166}}{{sfn|Wisnewski|2010|pp=191–192}}{{sfn|Celermajer|2018|pp=173–174}} which can be a deliberate tactic to create torturers.{{sfn|Einolf|2023}} Even when not explicitly ordered by the government to torture,{{sfn|Wisnewski|2010|pp=193–194}} perpetrators may feel ] due to competitive masculinity.{{sfn|Rejali|2020|p=90}} Elite and specialized police units are especially prone to torturing, perhaps because of their tight-knit nature and insulation from oversight.{{sfn|Wisnewski|2010|pp=193–194}} Although some torturers are formally trained, most are thought to learn about torture techniques informally.{{sfn|Austin|2022|pp=25–27}}{{sfn|Einolf|2023}}
The accusations did not lead to any investigation by his employer, the ], and he resigned after disciplinary action was taken against him in 2004. No misconduct by him was proven. The ] is investigating the Foreign and Commonwealth Office because of accusations of victimisation, bullying, and intimidating its own staff.<ref> by Robert Winnett, '']'' ] ]</ref>


Torture can be a side effect of a broken criminal justice system in which underfunding, lack of ], or ] undermines effective investigations and ]s.{{sfn|Celermajer|2018|p=178}}{{sfn|Carver|Handley|2016|p=633}} In this context, people who cannot afford bribes are likely to become victims of torture.{{sfn|Celermajer|2018|p=161}}{{sfn|Carver|Handley|2016|p=633}} Understaffed or poorly trained police are more likely to resort to torture when interrogating suspects.{{sfn|Carver|Handley|2016|p=79}}{{sfn|Celermajer|2018|p=176}} In some countries, such as ], suspects are more likely to be tortured at the end of the month because of performance quotas.{{sfn|Carver|Handley|2016|p=79}}
Murray later stated that he felt that he had unwittingly stumbled upon what others called "]"<ref> Jane Mayer answers question asked by Amy Davidson ] on ] ]</ref> and with the euphemism of "]". He thought that Western countries moved people to regimes and nations knowing that torturers would extract and disclose information. Murray alleged that this practice circumvented and violated international treaties against torture. If it was true that a country participated in torture by proxy and it had signed the ] then that country would be in specific breach of Article 3 of that convention.


The contribution of bureaucracy to torture is under-researched and poorly understood.{{sfn|Einolf|2023}} Torturers rely on both active supporters and those who ignore it.{{sfn|Huggins|2012|pp=47, 54}} Military, intelligence, psychology, medical, and legal professionals can all be complicit in torture.{{sfn|Wolfendale|2019|p=92}} Incentives can favor the use of torture on an institutional or individual level, and some perpetrators are motivated by the prospect of career advancement.{{sfn|Huggins|2012|p=62}}{{sfn|Rejali|2020|pp=78–79, 90}} Bureaucracy can diffuse responsibility for torture and help perpetrators excuse their actions.{{sfn|Collard|2018|p=166}}{{sfn|Huggins|2012|pp=61–62}} Maintaining secrecy is often essential to maintaining a torture program, which can be accomplished in ways ranging from direct censorship, denial, or mislabeling torture as something else, to offshoring abuses to outside a state's territory.{{sfn|Huggins|2012|pp=57, 59–60}}{{sfn|Evans|2020|loc=Conclusion}} Along with official denials, torture is enabled by ] from the victims and ] for the perpetrators.{{sfn|Evans|2020|loc=Political and Institutional Influences on the Practice of Torture}} Public demand for decisive action against crime or even support for torture against criminals can facilitate its use.{{sfn|Celermajer|2018|pp=161–162}}
==Aspects of torture==
===Ethical arguments regarding torture===
{{POV-section|date=December 2007}}
{{main|Ethical arguments regarding torture}}


Once a torture program is begun, it is difficult or impossible to prevent it from escalating to more severe techniques and expanding to larger groups of victims, beyond what is originally intended or desired by decision-makers.{{sfn|Hassner|2020|pp=18–20}}{{sfn|Wolfendale|2019|pp=89–90, 92}}{{sfn|Rejali|2020|pp=89–90}} Sociologist ] argues that "torture can create a vicious cycle in which a fear of ] leads to torture, torture creates ]s, and false confessions reinforce torturers' fears, leading to a spiral of paranoia and ever-increasing torture"—similar to a ].{{sfn|Einolf|2023|p=}} Escalation of torture is especially difficult to contain in ] operations.{{sfn|Rejali|2020|p=90}} Torture and specific techniques spread between different countries, ], although this process is poorly understood.{{sfn|Collard|2018|pp=158, 165}}{{sfn|Rejali|2020|pp=75, 82–83, 85}}
The use of torture has been criticized not only on humanitarian and moral grounds, but on the grounds that evidence extracted by torture can be unreliable and that the use of torture corrupts institutions which tolerate it.{{fact|date=December 2007}}


==Purpose==
Organizations like ] argue that the universal legal prohibition is based on a universal philosophical consensus that torture and ill-treatment are repugnant, abhorrent, and immoral.<ref>] </ref> But since shortly after the ] there has been a debate in the United States on whether torture is justified in some circumstances. Some people, such as ] and ], have argued that the need for information outweighs the moral and ethical arguments against torture.<ref name="yab"> Editorial and Opinion (Page 31) in ] Monday ] ]. Includes commentary on how some Americans have changed their attitudes to torture.</ref><ref>Bagaric, Mirko & Clarke Julie;'''' ] Law Review, Volume 39, Spring 2005, Number 3, pp. 581-616.</ref> However, this argument is refuted by experience in ] where interrogators saw an increase of 50 percent more high-value intelligence after coercive practices were banned. Maj. Gen. ], the American commander in charge of detentions and interrogations, stated "''a rapport-based interrogation that recognizes respect and dignity, and having very well-trained interrogators, is the basis by which you develop intelligence rapidly and increase the validity of that intelligence.''"<ref>"General Says Less Coercion of Captives Yields Better Data" ] ] ]</ref> Others point out that despite administration claims that water boarding has "''disrupted a number of attacks, maybe dozens of attacks''", no one has come up with a single documented example of lives saved thanks to torture.<ref> ] ] ]</ref>
===Punishment===
] during the ]]]
Torture for punishment dates back to antiquity and is still employed in the twenty-first century.{{sfn|Hajjar|2013|p=14}}
A common practice in countries with dysfunctional justice systems or overcrowded prisons is for police to apprehend suspects, torture them, and release them without a charge.{{sfn|Oette|2021|p=331}}{{sfn|Kelly ''et al.''|2020|p=73}} Such torture could be performed in a police station,{{sfn|Celermajer|2018|pp=167–168}} the victim's home, or a public place.{{sfn|Jensena ''et al.''|2017|pp=404, 408}} In South Africa, the police have been observed handing suspects over to ] to be tortured.{{sfn|Kelly ''et al.''|2020|p=75}} This type of extrajudicial violence is often carried out in public to deter others. It discriminatorily targets minorities and marginalized groups and may be supported by the public, especially if people do not trust the official justice system.{{sfn|Kelly ''et al.''|2020|p=74}}


The classification of ] as torture is internationally controversial, although it is explicitly prohibited under the ].{{sfn|Nowak|2014|pp=408–409}} Some authors, such as ], argue that capital punishment is inherently a form of torture carried out for punishment.{{sfn|Nowak|2014|p=393}}{{sfn|Bessler|2018|p=3}} Executions may be carried out in brutal ways, such as ], ], or dismemberment.{{sfn|Quiroga|Modvig|2020|pp=414, 422, 427}} The ] is sometimes considered a form of psychological torture.{{sfn|Bessler|2018|p=33}} Others do not consider corporal punishment with a fixed penalty to be torture, as it does not seek to break the victim's will.{{sfn|Evans|2020|loc=The Definition of Torture}}
The ], a ], asks what to do to a captured terrorist who has placed a nuclear ] in a populated area. If the terrorist is tortured, he may explain how to defuse the bomb. The scenario asks if it is ethical to torture the terrorist.


===Deterrence===
A 2006 ] poll gauged support for each of the following positions: <ref></ref>
{{see also|Deterrence (penology)}}
*Terrorists pose such an extreme threat that governments should now be allowed to use some degree of torture if it may gain information that saves innocent lives.
Torture may also be used indiscriminately to terrorize people other than the direct victim or to deter opposition to the government.{{sfn|Hajjar|2013|p=23}}{{sfn|Pérez-Sales|2016|p=270}} ], torture was used to deter slaves from escaping or rebelling.{{sfn|Young|Kearns|2020|p=7}} Some defenders of judicial torture prior to its abolition argued that it deterred crime; reformers contended that because torture was carried out in secret, it could not be an effective deterrent.{{sfn|Barnes|2017|pp=26, 38, 41}} In the twentieth century, well-known examples include the ]{{sfn|Hajjar|2013|p=23}} and anti-communist regimes in Latin America, who tortured and murdered their victims as part of ].{{sfn|Hajjar|2013|p=28}} Authoritarian regimes often resort to indiscriminate repression because they cannot accurately identify potential opponents.{{sfn|Blakeley|2007|p=392}} Many insurgencies lack the necessary infrastructure for a torture program and instead intimidate by killing.{{sfn|Rejali|2009|p=38}} Research has found that state torture can extend the lifespan of terrorist organizations, increase incentives for insurgents to use violence, and radicalize the opposition.{{sfn|Hassner|2020|pp=21–22}}{{sfn|Einolf|2023}} Another form of torture for deterrence is violence against migrants, as has been reported during ] on the European Union's external borders.{{sfn|Guarch-Rubio ''et al''.|2020|pp=69, 78}}
*Clear rules against torture should be maintained because any use of torture is immoral and will weaken international human rights.
An average of 59% of people worldwide rejected torture. However there was a clear divide between those countries with strong rejection of torture (such as Italy, where only 14% supported torture) and nations where rejection was less strong


===Confession===
Within nations there is a clear divide between the positions of members of different ethnic groups, religions, and political affiliations. In one 2006 survey by the Scripps Center at Ohio University, 66% of Americans who identified themselves as strongly Republican supported torture against 24% of those who identified themselves as strongly Democratic.<ref></ref> In a 2005 survey only 26% of Catholics would be against torture in all circumstances compared to 41% of secularists.<ref></ref>
{{further|Forced confession}}
Torture has been used throughout history to extract confessions from detainees. In 1764, Italian reformer ] denounced torture as "a sure way to acquit robust scoundrels and to condemn weak but innocent people".{{sfn|Evans|2020|loc=History of Torture}}{{sfn|Wisnewski|2010|p=26}} Similar doubts about torture's effectiveness had been voiced for centuries previously, including by ].{{sfn|Wisnewski|2010|pp=26–27}}{{sfn|Barnes|2017|p=40}} Despite the abolition of judicial torture, it sees continued use to elicit confessions, especially in judicial systems placing a high value on confessions in criminal matters.{{sfn|Hajjar|2013|p=22}}{{sfn|Einolf|2022|p=11}} The use of torture to force suspects to confess is facilitated by laws allowing extensive ].{{sfn|Rejali|2009|pp=50–51}} Research has found that coercive interrogation is slightly more effective than ]ing for extracting a confession from a suspect, but presents a higher risk of false confession.{{sfn|Pérez-Sales|2016|p=327}} Many torture victims will say whatever the torturer wants to hear to end the torture.{{sfn|Hassner|2020|p=16}}{{sfn|Rejali|2009|pp=461–462}} Others who are guilty refuse to confess,{{sfn|Rejali|2009|p=362}} especially if they believe it would only bring more torture or punishment.{{sfn|Einolf|2022|p=11}} Medieval justice systems attempted to counteract the risk of false confession under torture by requiring confessors to provide ] details about the crime, and only allowing torture if there was already some evidence against the accused.{{sfn|Barnes|2017|p=28}}{{sfn|Beam|2020|p=394}} In some countries, political opponents are tortured to force them to confess publicly as a form of ].{{sfn|Hajjar|2013|p=22}}


===Interrogation===
A "found that sizable majorities of Americans disagree with tactics ranging from leaving prisoners naked and chained in uncomfortable positions for hours, to trying to make a prisoner think he was being drowned" it did not find that torture was universally disagreed with<ref>{{cite news | first = Toni | last = Locy | title = Poll: Most object to extreme interrogation tactics | url = http://www.usatoday.com/news/washington/2005-01-12-poll-interrogation_x.htm | work = USA TODAY | publisher = USA TODAY | date = ] | accessdate = 2007-01-20 | language = eng | quote = sizable majorities of Americans disagree with tactics
{{main|Interrogational torture}}
}}</ref>.
]ese soldier ] a captured ]ese prisoner of war near ], 1968.]]
These figures are muddied by different attitudes as to what constitutes torture, as revealed in an ABC News/Washington Post poll, where more that half of the Americans polled thought that techniques such as ] were not torture.<ref>David Morris and Gary Langer '''' ABCNEWS.com May 27, 2004 "Americans by nearly 2-to-1 oppose torturing terrorism suspects — but half believe the U.S. government, as a matter of policy, is doing it anyway. And even more think the government is employing physical abuse that falls short of torture in some cases."</ref>


The use of torture to obtain information during interrogation accounts for a small percentage of worldwide torture cases; its use for obtaining confessions or intimidation is more common.{{sfn|Rejali|2020|p=92}} Although interrogational torture has been used in ]s, it is even more common in ] or civil wars.{{sfn|Hajjar|2013|p=22}} The ] is extremely rare, if not impossible,{{sfn|Carver|Handley|2016|p=36}}{{sfn|Hajjar|2013|p=4}} but is cited to justify torture for interrogation. ] as an effective interrogational method have fueled misconceptions that justify the use of torture.{{sfn|Rejali|2020|pp=92–93, 106}} Experiments comparing torture with other interrogation methods cannot be performed for ethical and practical reasons,{{sfn|Houck|Repke|2017|pp=277–278}}{{sfn|Hassner|2020|p=24}}{{sfn|Einolf|2022|p=2}} but most scholars of torture are skeptical about its efficacy in obtaining accurate information, although torture sometimes has obtained actionable intelligence.{{sfn|Einolf|2022|p=3}}{{sfn|Rejali|2020|p=71}} Interrogational torture can often shade into confessional torture or simply into entertainment,{{sfn|Hassner|2020|pp=16, 20}} and some torturers do not distinguish between interrogation and confession.{{sfn|Einolf|2022|p=2}}
===Motivation for torture===
It was long thought that "good" people would not torture and only "bad" ones would, under normal circumstances. Research over the past 50 years suggests a disquieting alternative view, that under the right circumstances and with the appropriate encouragement and setting, most people can be encouraged to actively torture others. Stages of torture mentality include:


== Methods ==
* Reluctant or peripheral participation
{{Main|List of methods of torture}}
* Official encouragement: As the ] and ] show, many people will follow the direction of an authority figure (such as a superior officer) in an official setting (especially if presented as mandatory), even if they have personal uncertainty. The main motivations for this appear to be fear of loss of status or respect, and the desire to be seen as a "good citizen" or "good subordinate".
]s are preferred by some torturers because they have legitimate uses and do not leave marks.{{sfn|Rejali|2009|pp=425, 443}}]]
* Peer encouragement: to accept torture as necessary, acceptable or deserved, or to comply from a wish to not reject ] group beliefs. This may potentially lead to torture gangs roaming the streets seeking dominant torture status.{{Fact|date=July 2007}}
A wide variety of techniques have been used for torture.{{sfn|Quiroga|Modvig|2020|p=410}} Nevertheless, there are limited ways of inflicting pain while minimizing the risk of death.{{sfn|Einolf|2007|p=103}}{{sfn|Milewski ''et al.''|2023}} Survivors report that the exact method used is not significant.{{sfn|Pérez-Sales|2016|p=110}} Most forms of torture include both physical and psychological elements{{sfn|Pérez-Sales|2020|p=432}}{{sfn|Pérez-Sales|2016|p=8}} and multiple methods are typically used on one person.{{sfn|Rejali|2009|p=421}}{{sfn|Milewski ''et al.''|2023}} Different methods of torture are popular in different countries.{{sfn|Rejali|2009|p=420}}{{sfn|Milewski ''et al.''|2023}} Low-tech methods are more commonly used than high-tech ones, and attempts to develop scientifically validated torture technology have failed.{{sfn|Rejali|2009|pp=440–441}} The ] motivated a shift to methods that do not leave marks to aid in deniability and to deprive victims of legal redress.{{sfn|Rejali|2009|p=443}}{{sfn|Pérez-Sales|2016|p=xix}} As they faced more pressure and scrutiny, democracies led the innovation in clean torture practices in the early twentieth century; such techniques diffused worldwide by the 1960s.{{sfn|Rejali|2020|p=73}}{{sfn|Evans|2020|loc=History of Torture}} Patterns of torture differ based on a torturer's time limits—for example, resulting from legal limits on pre-trial detention.{{sfn|Pérez-Sales|2016|pp=271–272}}
* Dehumanization: seeing victims as objects of curiosity and experimentation, where pain becomes just another test to see how it affects the victim.
* ]: socio-cultural and situational pressures may cause torturers to undergo a lessening of moral inhibitions and as a result act in ways not normally countenanced by law, custom and conscience.
* Organizationally, like many other procedures, once torture becomes established as part of internally acceptable norms under certain circumstances, its use often becomes institutionalized and self-perpetuating over time, as what was once used exceptionally for perceived necessity finds more reasons claimed to justify wider use.


Beatings or ] are the most common form of physical torture{{sfn|Quiroga|Modvig|2020|p=413}}{{sfn|Milewski ''et al.''|2023|loc=eFigure 3}} reported by about two-thirds of survivors.{{sfn|Milewski ''et al.''|2023|loc=eFigure 3}} They may be either unsystematic{{sfn|Quiroga|Modvig|2020|p=411}} or focused on a specific part of the body, as in ] (the ]), repeated strikes against both ears, or shaking the detainee so that their head moves back and forth.{{sfn|Quiroga|Modvig|2020|pp=413–414}} Often, people are suspended in painful positions such as ] or ] in combination with beatings.{{sfn|Quiroga|Modvig|2020|pp=414–415}} People may also be subjected to stabbings or ]s, have their ], or body parts ].{{sfn|Quiroga|Modvig|2020|pp=418–419}} Burns are also common, especially ], but other instruments are also employed, including hot metal, hot fluids, the sun, or ].{{sfn|Quiroga|Modvig|2020|pp=421–422}} Forced ingestion of ], ], or other substances, or injections are also used as torture.{{sfn|Quiroga|Modvig|2020|p=423}} ] are often used to torture, especially to avoid other methods that are more likely to leave scars.{{sfn|Einolf|2007|pp=103–104}} ], of which ] is a form, inflicts torture on the victim by cutting off their air supply.{{sfn|Quiroga|Modvig|2020|pp=418–419}}
=== Rejection of torture ===
A famous example in which the use of torture was rejected was cited by the Argentine ] in whose report, General ] was reputed to have said in connection with the investigation of the disappearance of ], "Italy can survive the loss of Aldo Moro. It would not survive the introduction of torture." <ref> - 1984</ref>


Psychological torture includes methods that involve no physical element as well as forcing a person to do something and physical attacks that ultimately target the mind.{{sfn|Pérez-Sales|2020|p=432}} ]s, ], or being forced to witness the torture of another person are often reported to be subjectively worse than being physically tortured and are associated with severe ].{{sfn|Quiroga|Modvig|2020|pp=426–427}} Other torture techniques include ], overcrowding or ], withholding of food or water, ] (such as ]), exposure to extremes of light or noise (e.g., ]),{{sfn|Quiroga|Modvig|2020|pp=424–425}} humiliation (which can be based on sexuality or the victim's religious or national identity),{{sfn|Pérez-Sales|2020|p=114}} and the use of animals such as dogs to frighten or injure a prisoner.{{sfn|Pérez-Sales|2020|pp=163, 333}}{{sfn|Quiroga|Modvig|2020|p=420}} ] works by forcing the person to adopt a stance, putting their weight on a few muscles, causing pain without leaving marks, for example standing or squatting for extended periods.{{sfn|Quiroga|Modvig|2020|pp=415–416}} Rape and ] are universal torture methods and frequently instill a permanent sense of shame in the victim and in some cultures, humiliate their family and society.{{sfn|Hajjar|2013|p=52}}{{sfn|Pérez-Sales|2020|pp=79, 115, 165}} Cultural and individual differences affect how the victim perceives different torture methods.{{sfn|Pérez-Sales|2020|pp=86–88}}
===Incrimination of innocent people===
One well documented effect of torture is that with rare exceptions people will say or do anything to escape the situation, including untrue "confessions" and implication of others without genuine knowledge, who may well then be tortured in turn. That information may have been extracted from the ] through the use of police beatings was counterproductive because it made the convictions unsound as the confessions were worthless. There are rare exceptions, such as Admiral ], ] recipient, who refused to provide information under torture.


=== Secrecy === ==Effects==
] fighter ] recovering after his release from the ], May 1945]]
Depending on the culture, torture has at times been carried on in silence (official denial), semi-silence (known but not spoken about), or openly acknowledged in public (in order to instill fear and obedience).
Torture is one of the most devastating experiences that a person can undergo.{{sfn|Pérez-Sales|2016|p=274}} Torture aims to break the victim's will{{sfn|Pérez-Sales|2016|pp=60–61}} and destroy the victim's agency and personality.{{sfn|Wisnewski|2010|p=73}} Torture survivor ] argued that it was "the most horrible event a human being can retain within himself" and that "whoever was tortured, stays tortured".{{sfn|Hajjar|2013|p=51}}{{sfn|Shue|2015|p=120}} Many torture victims, including Améry, later die by suicide.{{sfn|Wisnewski|2010|pp=121–122}} Survivors often experience social and financial problems.{{sfn|Hamid ''et al.''|2019|p=3}} Circumstances such as ], ], and the uncertainty of applying for ] in a safe country strongly impact survivors' well-being.{{sfn|Williams|Hughes|2020|pp=133–134, 137}}


Death is not an uncommon outcome of torture.{{sfn|Quiroga|Modvig|2020|p=428}} Understanding of the link between specific torture methods and health consequences is lacking.{{sfn|Milewski ''et al.''|2023}} These consequences can include ], damage to teeth, ] from extensive muscle damage,{{sfn|Quiroga|Modvig|2020|p=413}} ],{{sfn|Quiroga|Modvig|2020|p=412}} ], and ].{{sfn|Quiroga|Modvig|2020|p=422}} ] and pain-related disability are commonly reported, but there is scant research into this effect or possible treatments.{{sfn|Williams|Hughes|2020|pp=133–134}} Common psychological problems affecting survivors include ], ], depression, and ].{{sfn|Williams|Hughes|2020|p=136}}{{sfn|Hamid ''et al.''|2019|p=3}} An average of 40 percent have long-term post-traumatic stress disorder (PTSD), a higher rate than for any other traumatic experience.{{sfn|Pérez-Sales|2016|p=274}} Not all survivors or rehabilitation experts support using medical categories to define their experience,{{sfn|Pérez-Sales|2016|pp=135–136}} and many survivors remain ].{{sfn|Pérez-Sales|2016|p=130}}
In the 21st century, even when states sanction their interrogation methods, often work outside the law. For this reason, some torturers tend to prefer methods that, while unpleasant, leave victims alive and unmarked. A victim with no visible damage may lack credibility when telling tales of torture, whereas a person missing fingernails or eyes can easily prove claims of torture. Mental torture, however can leave scars just as deep and long-lasting as physical torture.<ref></ref> Professional torturers in some countries have used techniques such as electrical shock, asphyxiation, heat, cold, noise, and sleep deprivation which leave little evidence, although in other contexts torture frequently results in horrific mutilation or death.{{fact|date=December 2007}} However the most common and prevalent form of torture worldwide in both developed and under-developed countries is beating.{{fact|date=December 2007}}


Criminal prosecutions for torture are rare{{sfn|Carver|Handley|2016|pp=84–86, 88}} and most victims who submit formal complaints are not believed.{{sfn|Weishut|Steiner-Birmanns|2024|p=88}} Despite the efforts for evidence-based evaluation of the scars from torture such as the ], most physical examinations are inconclusive.{{sfn|Weishut|Steiner-Birmanns|2024|p=89}} The effects of torture are one of several factors that usually result in inconsistent testimony from survivors, hampering their effort to be believed and secure either refugee status in a foreign country or criminal prosecution of the perpetrators.{{sfn|Weishut|Steiner-Birmanns|2024|p=94}}
==Torture methods and devices==
] in the ]]]
]'s signatures: the one above (a faint, shaky 'Guido') was done immediately after torture; the one below eight days later.<ref>]. “”. Accessed 22 April 2007.</ref>]]
{{see also|List of torture methods and devices‎}}


Although there is less research on the effects of torture on perpetrators,{{sfn|Hajjar|2013|pp=53–55}} they can experience ] or ], especially when they feel guilty about their actions.{{sfn|Rejali|2020|pp=90–91}}{{sfn|Wisnewski|2010|pp=195–196}} Torture has corrupting effects on the institutions and societies that perpetrate it. Torturers forget important investigative skills because torture can be an easier way than time-consuming police work to achieve high conviction rates, encouraging the continued and increased use of torture.{{sfn|Hassner|2020|p=23}}{{sfn|Rejali|2020|pp=90–91}}{{sfn|Wisnewski|2010|p=166}} Public disapproval of torture can harm the international reputation of countries that use it, strengthen and radicalize violent opposition to those states,{{sfn|Saul|Flanagan|2020|p=370}}{{sfn|Blakeley|2007|pp=390–391}}{{sfn|Hassner|2020|p=22}} and encourage adversaries to themselves use torture.{{sfn|Hassner|2020|p=21}}
] have been used from time immemorial and can range from a beating with nothing more than fist and boot, through to the use of sophisticated ] such as the ].


==Public opinion==
], uses psychological means to inflict torment and is less well known because its effects are often invisible to others. It uses non-physical methods to induce suffering in the subject's mental, emotional, and psychological states (e.g. ]). Since there is no international political consensus on what constitutes psychological torture, it is often overlooked, denied, and referred to in different names.
Studies have found that most people around the world oppose the use of torture in general.{{sfn|Rejali|2020|p=}}{{sfn|Houck|Repke|2017|p=279}} Some hold definite views on torture; for others, torture's acceptability depends on the victim.{{sfn|Hatz|2021|pp=683, 688}} Support for torture in specific cases is correlated with the belief that torture is effective and used in ticking time bomb cases.{{sfn|Houck|Repke|2017|pp=276–277}} Women are more likely to oppose torture than men.{{sfn|Rejali|2020|p=98}} Nonreligious people are less likely to support the use of torture ], although for the latter group, increased ] increases opposition to torture.{{sfn|Hatz|2021|p=688}} The personality traits of ], ], and ] are correlated with higher support for torture; embrace of democratic values such as liberty and equality reduces support for torture.{{sfn|Hatz|2021|p=688}} Public opinion is most favorable to torture, on average, in countries with low per capita income and high levels of ].{{sfn|Rejali|2020|p=}} Public opinion is an important constraint on the use of torture by states.{{sfn|Rejali|2020|p=}}


==Prohibition==
] uses psychotropic and/or other chemicals to induce pain or suffering and cause compliance with the torturer's goals. May include the forced ingestion or injection of psychotropic drugs such as ] ] to produce the agonizing condition called ], (eg., ] (such as perphenazine and chlorpromazine), ] (such as flupenthixol and zuclopenthixol) and ] (such as ] (Haldol)), newer ], ], ]), or being forced to ingest (or be injected with) chemicals or other products (such as broken glass, heated water, or soaps) that cause pain and internal damage. Irritating chemicals or products may be inserted into the ] or ], or applied on the external ].
{{further|Torture in international law}}
]
] in dark green, states that have signed the treaty in yellow, and others in gray]]


The condemnation of torture as barbaric and uncivilized originated in the debates around its abolition.{{sfn|Barnes|2017|pp=13, 42}} By the late nineteenth century, countries began to be condemned internationally for the use of torture.{{sfn|Barnes|2017|pp=48–49}} The ban on torture became part of the ] justifying colonial rule on the pretext of ending torture,{{sfn|Kelly ''et al.''|2020|p=64}}{{sfn|Barnes|2017|pp=51–52}} despite the use of torture by colonial rulers themselves.{{sfn|Barnes|2017|p=55}} The condemnation was strengthened during the twentieth century in reaction to the use of torture by Nazi Germany and the ].{{sfn|Barnes|2017|p=57}} Shocked by Nazi atrocities during World War II, the United Nations drew up the 1948 ], which prohibited torture.{{sfn|Wisnewski|2010|pp=42–43}}{{sfn|Barnes|2017|pp=64–65}} ] based on all major ethical frameworks, including ], ], and ].{{sfn|Hassner|2020|p=29}}{{sfn|Wisnewski|2010|pp=68–69}} Some contemporary philosophers argue that torture is never morally acceptable; others propose exceptions to the general rule in real-life equivalents of the ticking time-bomb scenario.{{sfn|Wisnewski|2010|p=50}}{{sfn|Shue|2015|pp=116–117}}
Sexually abusive torture uses ] and other forms of ] for interrogative or punitive purposes.<ref>Nooria Mehraby. <!-- Must be a more reliable source than this! --></ref>


Torture stimulated the creation of the ].{{sfn|Hajjar|2013|p=41}} In 1969, the ] was the first time that an international body—the ]—found that a state practiced torture{{sfn|Barnes|2017|p=121}} and it, along with '']'', formed much of the basis for the definition of torture in international law.{{sfn|Lesch|2023|p=8}} In the early 1970s, ] launched a global campaign against torture, exposing its widespread use despite international prohibition and eventually leading to the ] (CAT) in 1984.{{sfn|Barnes|2017|pp=108–109}} Successful ] mobilizations against torture can prevent its use by governments that possess both motive and opportunity to use torture.{{sfn|Collard|2018|p=162}} ] campaigns against torture have shown mixed results; they can be ineffective and even make things worse.{{sfn|Einolf|2023}}
===Medical torture===
{{main|Medical torture}}


The prohibition of torture is a ] (''jus cogens'') in ], meaning that it is forbidden for all states under all circumstances.{{sfn|Evans|2020|loc=Introduction}}{{sfn|Saul|Flanagan|2020|p=356}} Most jurists justify the absolute legal prohibition on torture based on its violation of ].{{sfn|Pérez-Sales|2016|p=82}} The CAT and its ] focus on the prevention of torture, which was already prohibited in ] under other treaties such as the ].{{sfn|Carver|Handley|2016|p=13}}{{sfn|Hajjar|2013|p=39}} The CAT specifies that torture must be a criminal offense under a country's laws,{{sfn|Kelly ''et al.''|2020|p=65}} ] may not be admitted in court, and deporting a person to another country where they are likely to face torture ].{{sfn|Saul|Flanagan|2020|p=356}} Even when it is illegal under national law, judges in many countries continue to admit evidence obtained under torture or ill treatment.{{sfn|Thomson|Bernath|2020|pp=474–475}}{{sfn|Carver|Handley|2016|p=631}} It is disputed whether ratification of the CAT decreases, does not affect, or even increases the rate of torture in a country.{{sfn|Einolf|2023}}
At times, medicine and medical practitioners have been drawn into the ranks of torturers, either to judge what victims can endure, to apply treatments which will enhance torture, or as torturers in their own right. An infamous example of the latter is ], known by inmates of Auschwitz as the "Angel of Death". Also in World War II, another doctor, by the name of ], committed medical murder on a vastly larger scale than Dr. Mengele in his bio-weapons factory and laboratory, ].


In ], which regulates the conduct of war, torture was first outlawed by the 1863 ].{{sfn|Nowak|2014|pp=387, 401}} Torture was prosecuted during the ] as a ];{{sfn|Barnes|2017|pp=60, 70}} it is recognized by both the 1949 ] and the 1998 ] of the ] as a ].{{sfn|Nowak|2014|p=398}}{{sfn|Hajjar|2013|p=38}} According to the Rome Statute, torture can also be a crime against humanity if committed as part of a systematic attack on a civilian population.{{sfn|Nowak|2014|pp=397–398}} In ], Israel became the only country in the world ].<ref>{{cite web |title=Torture by the GSS |url=http://www.btselem.org/english/Torture/Toture_by_GSS.asp |website=B'Tselem |access-date=28 June 2024 |date=1999 |archive-date=15 November 2002 |archive-url=https://web.archive.org/web/20021115094838/http://www.btselem.org/english/Torture/Toture_by_GSS.asp |url-status=bot: unknown }}</ref><ref>{{cite web |title=Israel: Torture still used systematically as Israel presents its report to the Committee Against Torture |url=https://www.amnesty.org/ar/wp-content/uploads/2021/06/mde150311998en.pdf |website=] |access-date=28 June 2024 |date=15 May 1998}}</ref><ref>{{cite web |title=It's now (even more) official: torture is legal in Israel |url=https://www.omct.org/en/resources/blog/its-now-even-more-official-torture-is-legal-in-israel |website=] |access-date=28 June 2024 |language=en |date=21 March 2019}}</ref>
=== Torture murder ===
{{main|Torture murder}}


==Prevention==
Torture murder is a term given to the commission of torture by an individual or small group, as part of a ] or ]ous agenda. Such murderers are often ], who kill their victims by slowly torturing them to death over a prolonged period of time, and is usually preceded by a ]ping where the killer will take the victim ], and transport him/her to a secluded or isolated location. ]s or rebel factions performing executions by methods such as the ] or "]" with burning tires may view themselves as a ''de facto'' government acting in a role of ].
] in Brazil features a naked man hanging in the ] position.]]
Torture prevention is complicated both by lack of understanding about why torture occurs and by lack of application of what is known.{{sfn|Einolf|2023}} Torture proliferates in situations of ].{{sfn|Carver|Handley|2016|pp=13–14}}{{sfn|Thomson|Bernath|2020|p=472}} Because the risk of torture is highest directly after an arrest, procedural safeguards such as immediate access to a lawyer and notifying relatives of an arrest are the most effective ways of prevention.{{sfn|Carver|Handley|2016|pp=67–68}} Visits by independent monitoring bodies to detention sites can also help reduce torture.{{sfn|Thomson|Bernath|2020|pp=482–483}} Legal changes that are not implemented in practice have little effect on the incidence of torture.{{sfn|Carver|Handley|2016|p=52}} Legal changes can be particularly ineffective in places where the law has limited legitimacy or is routinely ignored.{{sfn|Kelly ''et al.''|2020|p=65}}


Sociologically torture operates as a ], frustrating prevention efforts because torturers can find a way around rules.{{sfn|Rejali|2020|p=101}} Safeguards against torture in detention can be evaded by beating suspects during round-ups or on the way to the police station.{{sfn|Carver|Handley|2016|pp=69–70}}{{sfn|Kelly|2019|p=4}} General training of police to improve their ability to investigate crime has been more effective at reducing torture than specific training focused on human rights.{{sfn|Thomson|Bernath|2020|p=488}}{{sfn|Carver|Handley|2016|pp=79–80}} Institutional police reforms have been effective when abuse is systematic.{{sfn|Carver|Handley|2016|p=80}}{{sfn|Kelly|2019|p=8}} Political scientist ] criticizes torture prevention research for not figuring out "what to do when people are bad; institutions broken, understaffed, and corrupt; and habitual serial violence is routine".{{sfn|Rejali|2020|p=102}}
== Effects of torture ==
Organizations like the ] try to help survivors of torture obtain medical treatment and to gain ] medical ] to obtain ] in a safe country and/or to prosecute the perpetrators.


==References==
Torture is often difficult to prove, particularly when some time has passed between the event and a medical examination. Many torturers around the world use methods designed to have a maximum psychological impact while leaving only minimal physical traces. Medical and Human Rights Organizations worldwide have collaborated to produce the ], a document designed to outline common torture methods, consequences of torture, and medico-legal examination techniques. Typically deaths due to torture are shown in an autopsy as being due to "natural causes" like heart attack, inflammation, or embolism due to extreme ].<ref>
{{notelist}}
{{cite web
{{Reflist|19em}}
| url = http://action.aclu.org/torturefoia/released/102405/
| title = Autopsy reports reveal homicides of detainees in U.S. custody
| publisher = ACLU
}}</ref>


==Sources==
For survivors, torture often leads to lasting ] and physical health problems.
{{Refbegin|indent=yes}}


===Books===
Physical problems can be wide-ranging, e.g. ], musculo-skeletal problems, ], post-traumatic ] and ] or chronic pain syndromes.
* {{cite book |last1=Barnes |first1=Jamal |title=A Genealogy of the Torture Taboo |date=2017 |publisher=] |isbn=978-1-351-97773-9 |language=en}}
* {{cite book |last1=Carver |first1=Richard |last2=Handley |first2=Lisa |title=Does Torture Prevention Work? |date=2016 |publisher=] |isbn=978-1-78138-868-6 |language=en}}
* {{cite book |last1=Celermajer |first1=Danielle |title=The Prevention of Torture: An Ecological Approach |date=2018 |publisher=] |isbn=978-1-108-63389-5 |language=en}}
* {{cite book |last1=Collard |first1=Melanie |title=Torture as State Crime: A Criminological Analysis of the Transnational Institutional Torturer |date=2018 |publisher=] |isbn=978-1-315-45611-9 }}
* {{cite book |last1=Hajjar |first1=Lisa|authorlink=Lisa Hajjar |title=Torture: A Sociology of Violence and Human Rights |date=2013 |publisher=] |isbn=978-0-415-51806-2 |url= |language=en}}
* {{cite book |last1=Pérez-Sales |first1=Pau |authorlink=Pau Pérez-Sales |title=Psychological Torture: Definition, Evaluation and Measurement |date=2016 |publisher=] |isbn=978-1-317-20647-7 |language=en}}
* {{cite book |last1=Rejali |first1=Darius|authorlink=Darius Rejali |title=Torture and Democracy |date=2009 |publisher=] |isbn=978-1-4008-3087-9 |language=en}}
* {{cite book |last1=Wisnewski |first1=J. Jeremy |title=Understanding Torture |date=2010 |publisher=] |isbn=978-0-7486-8672-8 |language=en}}
* {{cite book |last1=Whitney |first1=William Dwight |last2=Smith |first2=Benjamin Eli |title=The Century Dictionary and Cyclopedia: Dictionary|title-link=Century Dictionary |date=1897 |publisher=] |url= |language=en|oclc=233135357}}
* {{cite book |last1=Young |first1=Joseph K. |last2=Kearns |first2=Erin M. |title=Tortured Logic: Why Some Americans Support the Use of Torture in Counterterrorism |date=2020 |publisher=] |isbn=978-0-231-54809-0 |language=en}}


===Book chapters===
Mental health problems are equally wide-ranging; common are ], ] and ].
* {{cite book |last1=Austin |first1=Jonathan Luke|authorlink=Jonathan Luke Austin |pages=19–37 |chapter=Why Perpetrators Matter |title=Contesting Torture: Interdisciplinary Perspectives |date=2022 |publisher=] |isbn=978-1-000-72592-6 |language=en}}
Psychic deadness, erasure of ], refusal of meaning-making, perversion of ], and an inability to bear desire constitute the core features of the post-traumatic psychic landscape of torture. <ref>{{cite journal | author =Nguyen L. | title = The question of survival: the death of desire and the weight of life | journal = Am J Psychoanal | volume = 67 | issue = 1 | pages = 53-67| year = 2007 | id = PMID 17510619}}</ref>
* {{cite book |last1=Beam |first1=Sara |title=The Cambridge World History of Violence: Volume 3: AD 1500–AD 1800 |date=2020 |publisher=] |isbn=978-1-107-11911-6 |pages=389–407 |chapter=Violence and Justice in Europe: Punishment, Torture and Execution}}
* {{cite book |last1=Evans |first1=Rebecca |date=2020 |title=Oxford Research Encyclopedia of International Studies |publisher=] |isbn=978-0-19-084662-6 |chapter-url=https://oxfordre.com/view/10.1093/acrefore/9780190846626.001.0001/acrefore-9780190846626-e-326 |language=en |chapter=The Ethics of Torture: Definitions, History, and Institutions|doi=10.1093/acrefore/9780190846626.013.326 }}
* {{cite book |last1=Frahm |first1=Eckart |title=Orientalism, Assyriology and the Bible |date=2006 |publisher=] |isbn=978-1-905048-37-3 |pages=74–94 |language=en |chapter=Images of Assyria in 19th and 20th Century Scholarship}}
* {{cite book |title=Research Handbook on Torture: Legal and Medical Perspectives on Prohibition and Prevention |date=2020 |publisher=] |last1=Kelly |first1=Tobias |last2=Jensen |first2=Steffen |last3=Andersen |first3=Morten Koch |chapter=Fragility, states and torture|ref={{sfnref|Kelly et al.|2020}} |isbn=978-1-78811-396-0|pages=63–79 }}
* {{cite book |last1=Nowak |first1=Manfred |authorlink=Manfred Nowak |chapter=Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment |date=2014 |title=The Oxford Handbook of International Law in Armed Conflict |publisher=] |isbn=978-0-19-163269-3 |language=en|pages=387–409}}
* {{cite book |title=Research Handbook on Torture: Legal and Medical Perspectives on Prohibition and Prevention |date=2020 |publisher=] |isbn=978-1-78811-396-0 |last1=Pérez-Sales |first1=Pau |chapter=Psychological torture|pages=432–454 }}
* {{cite book |title=Research Handbook on Torture: Legal and Medical Perspectives on Prohibition and Prevention |date=2020 |publisher=] |isbn=978-1-78811-396-0 |last1=Quiroga |first1=José |last2=Modvig |first2=Jens |chapter=Torture methods and their health impact|pages=410–431 }}
* {{cite book |last1=Rejali |first1=Darius |title=Interrogation and Torture: Integrating Efficacy with Law and Morality |date=2020 |publisher=] |isbn=978-0-19-009752-3 |chapter=The Field of Torture Today: Ten Years On from ''Torture and Democracy''|pages=71–106}}
* {{cite book |last1=Saul |first1=Ben |authorlink=Ben Saul |last2=Flanagan |first2=Mary |chapter=Torture and counter-terrorism |title=Research Handbook on International Law and Terrorism |date=2020 |publisher=] |isbn=978-1-78897-222-2 |language=en|pages=354–370}}
* {{cite book |last1=Shue |first1=Henry|authorlink=Henry Shue |title=The Routledge Handbook of Global Ethics |date=2015 |publisher=] |isbn=978-1-315-74452-0 |chapter=Torture|pages=113–126}}
* {{cite book |last1=Thomson |first1=Mark |last2=Bernath |first2=Barbara |title=Interrogation and Torture: Integrating Efficacy with Law and Morality |date=2020 |publisher=] |isbn=978-0-19-009752-3 |chapter=Preventing Torture: What Works?|pages=471–492}}
* {{cite book |last1=Wolfendale |first1=Jessica |title=The Routledge International Handbook of Perpetrator Studies |date=2019 |publisher=] |isbn=978-1-315-10288-7 |chapter=The Making of a Torturer|pages=84–94}}


===Journal articles===
{{quotation| The most terrible, intractable, legacy of torture is the killing of desire - that is , of curiosity, of the impulse for connection and meaning-making, of the capacity for mutuality, of the tolerance for ambiguity and ambivalence. For these patients, to know another mind is unbearable. To connect with another is irrelevant. They are entrapped in what was born(e) during their trauma, as they perpetuate the erasure of meaning, re-enact the dynamics of annihilation through sadomasochistic, narcissistic, paranoid, or self-deadening modes of relating, and mobilize their agency toward warding off mutuality, goodness, hope and connection. In brief, they live to prove death. And it is this perversion of agency and desire that constitutes the deepest post-traumatic injury, and the most invisible and pernicious of human-rights violations.}}<ref>{{cite journal | author =Nguyen L. | title = The question of survival: the death of desire and the weight of life | journal = Am J Psychoanal | volume = 67 | issue = 1 | pages = 53-67| year = 2007 | id = PMID 17510619}}</ref>
* {{cite journal |last1=Bessler |first1=John D. |author1-link=John D. Bessler |title=The Abolitionist Movement Comes of Age: From Capital Punishment as Lawful Sanction to a Peremptory, International Law Norm Barring Executions |journal=Montana Law Review |date=2018 |volume=79 |pages=7–48 |url=https://scholarworks.umt.edu/mlr/vol79/iss1/3|issn=0026-9972}}
* {{cite journal |last1=Bourgon |first1=Jérôme |title=Abolishing 'Cruel Punishments': A Reappraisal of the Chinese Roots and Long-term Efficiency of the Xinzheng Legal Reforms |journal=] |date=2003 |volume=37 |issue=4 |pages=851–862 |doi=10.1017/S0026749X03004050|s2cid=<!-- --> | issn = 0026-749X}}
* {{cite journal |last1=Blakeley |first1=Ruth |title=Why torture? |journal=] |date=2007 |volume=33 |issue=3 |pages=373–394 |doi=10.1017/S0260210507007565|s2cid=<!-- --> |url=https://kar.kent.ac.uk/1427/2/Why%20Torture%20%5BRIS%5D.pdf }}
* {{cite journal |last1=Einolf |first1=Christopher J. |authorlink=Christopher J. Einolf |title=The Fall and Rise of Torture: A Comparative and Historical Analysis |journal=Sociological Theory |date=2007 |volume=25 |issue=2 |pages=101–121 |doi=10.1111/j.1467-9558.2007.00300.x|s2cid=<!-- --> |url=https://works.bepress.com/cgi/viewcontent.cgi?article=1008&context=christopher_einolf }}
* {{cite journal |last1=Einolf |first1=Christopher J. |authorlink=Christopher J. Einolf |title=How Torture Fails: Evidence of Misinformation from Torture-Induced Confessions in Iraq |journal=] |date=2022 |volume=7 |issue=1 |doi=10.1093/jogss/ogab019}}
* {{cite journal |last1=Einolf |first1=Christopher J. |authorlink=Christopher J. Einolf |title=Understanding and Preventing Torture: a Review of the Literature |journal=] |date=2023 |volume=24 |issue=3 |pages=319–338 |doi=10.1007/s12142-023-00696-2 |s2cid=260663119 |language=en |issn=1874-6306}}
* {{cite journal |last1=Guarch-Rubio |first1=Marta |last2=Byrne |first2=Steven |last3=Manzanero |first3=Antonio L. |title=Violence and torture against migrants and refugees attempting to reach the European Union through Western Balkans |journal=Torture |date=2020 |volume=30 |issue=3 |pages=67–83 |doi=10.7146/torture.v30i3.120232 |s2cid=<!-- --> |url=https://tidsskrift.dk/torture-journal/article/view/120232/171775 |language=en |issn=1997-3322|ref={{sfnref|Guarch-Rubio ''et al''.|2020}}|doi-access=free }}
* {{cite journal |last1=Hamid |first1=Aseel |last2=Patel |first2=Nimisha |last3=Williams |first3=Amanda C. de C. |title=Psychological, social, and welfare interventions for torture survivors: A systematic review and meta-analysis of randomised controlled trials |journal=] |date=2019 |volume=16 |issue=9 |pages=e1002919 |doi=10.1371/journal.pmed.1002919|ref={{sfnref|Hamid et al.|2019}}|pmid=31550249|pmc=6759153 |doi-access=free }}
* {{cite journal |last1=Hassner |first1=Ron E. |title=What Do We Know about Interrogational Torture? |journal=] |date=2020 |volume=33 |issue=1 |pages=4–42 |doi=10.1080/08850607.2019.1660951|s2cid=<!-- --> }}
* {{cite journal |last1=Hatz |first1=Sophia |title=What Shapes Public Support for Torture, and Among Whom? |journal=] |date=2021 |volume=43 |issue=4 |pages=683–698 |doi=10.1353/hrq.2021.0055|s2cid=<!-- --> |url=http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-460519 }}
* {{cite journal |last1=Houck |first1=Shannon C. |last2=Repke |first2=Meredith A. |title=When and why we torture: A review of psychology research. |journal=Translational Issues in Psychological Science |date=2017 |volume=3 |issue=3 |pages=272–283 |doi=10.1037/tps0000120}}
* {{cite journal |last1=Huggins |first1=Martha K. |title=State Torture: Interviewing Perpetrators, Discovering Facilitators, Theorizing Cross-Nationally - Proposing "Torture 101" |journal=State Crime Journal |date=2012 |volume=1 |issue=1 |pages=45–69 |jstor=41917770 |url=https://www.jstor.org/stable/41917770 |issn=2046-6056}}
* {{cite journal |last1=Jensena |first1=Steffen |last2=Kelly |first2=Tobias |last3=Andersen |first3=Morten Koch |last4=Christiansen |first4=Catrine |last5=Sharma |first5=Jeevan Raj |ref={{sfnref|Jensena et al.|2017}} |title=Torture and Ill-Treatment Under Perceived: Human Rights Documentation and the Poor |journal=] |date=2017 |volume=39 |issue=2 |pages=393–415 |doi=10.1353/hrq.2017.0023 |s2cid=<!-- --> |url=https://muse.jhu.edu/article/657335 |issn=1085-794X|doi-access=free |hdl=20.500.11820/f7a9a490-1825-42ab-802e-3b3825c72bb8 |hdl-access=free }}
* {{cite journal |last1=Kelly |first1=Tobias |title=The Struggle Against Torture: Challenges, Assumptions and New Directions |journal=] |date=2019 |volume=11 |issue=2 |pages=324–333 |doi=10.1093/jhuman/huz019|hdl=20.500.11820/4cc28414-d254-4ab9-829f-b73a2fffd322 |hdl-access=free }}
*{{cite journal |last1=Lesch |first1=Max |title=From Norm Violations to Norm Development: Deviance, International Institutions, and the Torture Prohibition |journal=] |date=2023 |volume=67 |issue=3 |doi=10.1093/isq/sqad043|doi-access=free }}
* {{cite journal |last1=Meyer |first1=Christian |last2=Lohr |first2=Christian |last3=Gronenborn |first3=Detlef |last4=Alt |first4=Kurt W. |title=The massacre mass grave of Schöneck-Kilianstädten reveals new insights into collective violence in Early Neolithic Central Europe |journal=] |date=2015 |volume=112 |issue=36 |pages=11217–11222 |doi=10.1073/pnas.1504365112 |pmid=26283359 |pmc=4568710 |bibcode=2015PNAS..11211217M |ref={{sfnref|Meyer et al.|2015}}|doi-access=free }}
*{{cite journal |last1=Milewski |first1=Andrew |last2=Weinstein |first2=Eliana |last3=Lurie |first3=Jacob |last4=Lee |first4=Annabel |last5=Taki |first5=Faten |last6=Pilato |first6=Tara |last7=Jedlicka |first7=Caroline |last8=Kaur |first8=Gunisha |title=Reported Methods, Distributions, and Frequencies of Torture Globally: A Systematic Review and Meta-Analysis |journal=JAMA Network Open |date=2023 |volume=6 |issue=10 |pages=e2336629 |doi=10.1001/jamanetworkopen.2023.36629 |pmid=37787994 |pmc=10548313 |url=https://jamanetwork.com/journals/jamanetworkopen/article-abstract/2809990|ref={{sfnref|Milewski et al.|2023}}}}
* {{cite journal |last1=Oette |first1=Lutz |title=The Prohibition of Torture and Persons Living in Poverty: From the Margins to the Centre |journal=] |date=2021 |volume=70 |issue=2 |pages=307–341 |doi=10.1017/S0020589321000038 |s2cid=<!-- --> |language=en |issn=0020-5893|doi-access=free }}
* {{cite journal | last1=Weishut | first1=Daniel J. N. | last2=Steiner-Birmanns | first2=Bettina | title=A Review of Reasons for Inconsistency in Testimonies of Torture Victims | journal=Psychological Injury and Law | volume=17 | issue=1 | date=2024 | issn=1938-971X | doi=10.1007/s12207-024-09498-4 | pages=88–98}}
* {{cite journal |last1=Williams |first1=Amanda C. de C. |last2=Hughes |first2=John |title=Improving the assessment and treatment of pain in torture survivors |journal=] |date=2020 |volume=20 |issue=4 |pages=133–138 |doi=10.1016/j.bjae.2019.12.003|pmid=33456942 |pmc=7807909 }}
{{Refend}}


{{Torture}}
On ], ], the ] (APA) voted to bar participation, to intervene to stop, and to report involvement in a wide variety of interrogation techniques as torture, including "using ]s, simulated drowning, sexual and religious humiliation, stress positions or sleep deprivation", as well as "the exploitation of prisoners' phobias, the use of mind-altering drugs, hooding, forced nakedness, the use of dogs to frighten detainees, exposing prisoners to extreme heat and cold, physical assault and threatening the use of such techniques against a prisoner or a prisoner's family."<ref></ref>
{{Particular human rights}}
{{War crimes}}
{{Authority control}}


]
However, the APA rejected a stronger resolution that sought to prohibit “all psychologist involvement, either direct or indirect, in any interrogations at U.S. detention centers for foreign detainees or citizens detained outside normal legal channels.” That resolution would have placed the APA alongside the American Medical Association and the American Psychiatric Association in limiting professional involvement in such settings to direct patient care. The APA echoed the Bush administration by condemning isolation, sleep deprivation, and sensory deprivation or over-stimulation only when they are likely to cause lasting harm.

Treatment of torture-related medical problems might require a wide range of expertise and often specialized experience. Common treatments are ] ], e.g. ] ], ], ], ] and ].

:''See ] for psychological impact, and aftermath, of torture.''

== Methods of execution and capital punishment ==
Any method of ] which involves, or has the potential to involve, a great deal of pain or mutilation is considered to be torture and unacceptable to many who support ]. Some of these, if halted soon enough, may not have fatal effects.

Torture was often used as an aspect of execution with the aim of making the victim suffer mentally and physically before death and when publicized may also be intended as a deterrent. Such forms of execution include ], ], ], and being ].

== See also ==
* ]
;Methodology and physiology
* ]
* ]
* ]

;Organizations
* ]
* ]
* ]
* ]

;Reports for and against torture
* ]
* ]
* ]
* ] Declassified US military manuals which advocated torture.

;History
* ]
* ]
* ]
* ]

;Other
* ]
* ] author of ''The Body in Pain''
* ]
* ]
* ]

<br>

{{Articles of the Universal Declaration of Human Rights}}

<br>

==Further reading==
{{Wiktionary}}
{{Wikiquote}}
* Alleg, Henri, ''The Question'', Braziller, 1958.
* Crelinsten, Robert D. and Schmid, Alex. P. ''The Politics of Pain: Torturers and their Masters'', Westview, 1995.
* Dayan, Colin, ''The Story of Cruel and Unusual'', ], 2007.
* Foucault, Michel, ''Discipline and Punish'', trans. A. Sheridan. Vintage, 1977.
* Greenberg, Karen J. ''The Torture Debate in America'', Cambridge University Press, 2005.
* Levinson, Sanford, ed. ''Torture: A Collection'', Oxford University Press, 2006.
* Mannix, Daniel P. ''The History of Torture'', Sutton Publishing, 2003.
*{{cite book
| last = McCoy
| first = Alfred
| title = A Question of Torture: CIA Interrogation, from the Cold War to the War on Terror
| publisher = Metropolitan Books
|date=2006
| pages = 21 sqq.
| month = January
| id = ISBN 0-8050-8041-4 }}
* Miles, Steven H., ''Oath Betrayed: Military Medicine And the War on Terror'', Random House (June 27, 2006), hardcover, 224 pages, ISBN 1-4000-6578-X
* Millet, Kate, ''The Politics of Cruelty: An Essay on the Literature of Political Imprisonment'', W.W. Norton, 1994.
* Peters, Edward, ''Torture'', Basil Blackwell, 1985.
* Sampson, William, ''Confessions of an Innocent Man: Torture and Survival in a Saudi Prison'', McClelland and Stewart Ltd (2005), hardcover, 419 pages, ISBN 0-7710-7903-6
* Scarry, Elaine "The Body in Pain: The Making and Unmaking of the World", Oxford University Press (1987)
* Stover, Eric, and Nightingale, Elena, ''The Breaking of Bodies and Minds: Torture, Psychiatric Abuse, and the Health Professions'', W. H. Freeman, 1985.

;Definitions and current methods
* , ], 2006 - Stanford Encyclopedia of Philosophy (Stanford University)
* Mark Bowden article in ] that covers modern methods of torture.
;Museums
* European Instruments of Torture from the Middle Ages
* in ], ]

==Notes and references==
{{reflist|2}}
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Latest revision as of 21:51, 10 January 2025

Deliberate infliction of suffering on a person For other uses, see Torture (disambiguation).

Captured Viet Cong soldier, blindfolded and tied in a stress position by American forces during the Vietnam War, 1967

Torture is the deliberate infliction of severe pain or suffering on a person for reasons including punishment, extracting a confession, interrogation for information, or intimidating third parties.

Some definitions restrict torture to acts carried out by the state, while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners, or during armed conflict, has received disproportionate attention. Judicial corporal punishment and capital punishment are sometimes seen as forms of torture, but this label is internationally controversial. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non-scarring or psychological methods to maintain deniability.

Torturers more commonly act out of fear, or due to limited resources, rather than sadism. Although most torturers are thought to learn about torture techniques informally and rarely receive explicit orders, they are enabled by organizations that facilitate and encourage their behavior. Once a torture program begins, it usually escalates beyond what is intended initially and often leads to involved agencies losing effectiveness. Torture aims to break the victim's will, destroy their agency and personality, and is cited as one of the most damaging experiences that a person can undergo. Many victims suffer both physical damage—chronic pain is particularly common—and mental sequelae. Although torture survivors have some of the highest rates of post-traumatic stress disorder, many are psychologically resilient.

Torture has been carried out since ancient times. However, in the eighteenth and nineteenth centuries, many Western countries abolished the official use of torture in the judicial system, although it continued to be used throughout the world. Public opinion research shows general opposition to torture. It is prohibited under international law for all states under all circumstances and is explicitly forbidden by several treaties. Opposition to torture stimulated the formation of the human rights movement after World War II, and it continues to be an important human rights issue. Although prevention efforts have been of mixed effectiveness, institutional reforms and the elimination of incommunicado detention have had positive effects. Despite its decline, torture is still practiced in or by most countries.

Definitions

Main article: Definitions of torture

Torture is defined as the deliberate infliction of severe pain or suffering on someone under the control of the perpetrator. The treatment must be inflicted for a specific purpose, such as punishment and forcing the victim to confess or provide information. The definition put forth by the United Nations Convention against Torture only considers torture carried out by the state. Most legal systems include agents acting on behalf of the state, and some definitions add non-state armed groups, organized crime, or private individuals working in state-monitored facilities (such as hospitals). The most expansive definitions encompass anyone as a potential perpetrator. Although torture is usually classified as more severe than cruel, inhuman, or degrading treatment (CIDT), the threshold at which treatment can be classified as torture is the most controversial aspect of its definition; the interpretation of torture has broadened over time. Another approach, preferred by scholars such as Manfred Nowak and Malcolm Evans, distinguishes torture from CIDT by considering only the torturer's purpose, and not the severity. Other definitions, such as that in the Inter-American Convention to Prevent and Punish Torture, focus on the torturer's aim "to obliterate the personality of the victim".

History

Pre-abolition

Two Elamite chiefs flayed alive after the Battle of Ulai, Assyrian relief

Torture was legally and morally acceptable in most ancient, medieval, and early modern societies. There is archaeological evidence of torture in Early Neolithic Europe, about 7,000 years ago. Torture is commonly mentioned in historical sources on Assyria and Achaemenid Persia. Societies used torture both as part of the judicial process and as punishment, although some historians make a distinction between torture and painful punishments. Historically, torture was seen as a reliable way to elicit the truth, a suitable punishment, and deterrence against future offenses. When torture was legally regulated, there were restrictions on the allowable methods; common methods in Europe included the rack and strappado. In most societies, citizens could be judicially tortured only under exceptional circumstances and for a serious crime such as treason, often only when some evidence already existed. In contrast, non-citizens such as foreigners and slaves were commonly tortured.

Torture was rare in early medieval Europe but became more common between 1200 and 1400. Because medieval judges used an exceptionally high standard of proof, they would sometimes authorize torture when circumstantial evidence tied a person to a capital crime if there were fewer than the two eyewitnesses required to convict someone in the absence of a confession. Torture was still a labor-intensive process reserved for the most severe crimes; most torture victims were men accused of murder, treason, or theft. Medieval ecclesiastical courts and the Inquisition used torture under the same procedural rules as secular courts. The Ottoman Empire and Qajar Iran used torture in cases where circumstantial evidence tied someone to a crime, although Islamic law has traditionally considered evidence obtained under torture to be inadmissible.

Abolition and continued use

"The custody of a criminal does not require torture" by Francisco Goya, c. 1812

Torture remained legal in Europe during the seventeenth century, but its practice declined. Torture was already of marginal importance to European criminal justice systems by its formal abolition in the 18th and early 19th centuries. Theories for why torture was abolished include the rise of Enlightenment ideas about the value of the human person, the lowering of the standard of proof in criminal cases, popular views that no longer saw pain as morally redemptive, and the expansion of imprisonment as an alternative to executions or painful punishments. It is not known if torture also declined in non-Western states or European colonies during the nineteenth century. In China, judicial torture, which had been practiced for more than two millennia, was banned in 1905 along with flogging and lingchi (dismemberment) as a means of execution, although torture in China continued throughout the twentieth and twenty-first centuries.

Torture was widely used by colonial powers to subdue resistance and reached a peak during the anti-colonial wars in the twentieth century. An estimated 300,000 people were tortured during the Algerian War of Independence (1954–1962), and the United Kingdom and Portugal also used torture in attempts to retain their respective empires. Independent states in Africa, the Middle East, and Asia often used torture in the twentieth century, but it is unknown whether their use of torture increased or decreased compared to nineteenth-century levels. During the first half of the twentieth century, torture became more prevalent in Europe with the advent of secret police, World War I and World War II, and the rise of communist and fascist states.

Torture was also used by both communist and anti-communist governments during the Cold War in Latin America, with an estimated 100,000 to 150,000 victims of torture by United States–backed regimes. The only countries in which torture was rare during the twentieth century were the liberal democracies of the West, but torture was still used there, against ethnic minorities or criminal suspects from marginalized classes, and during overseas wars against foreign populations. After the September 11 attacks, the US government embarked on an overseas torture program as part of its war on terror. It is disputed whether torture increases, decreases, or remains constant.

Prevalence

Tear gas used during the 2019–2020 Hong Kong protests. The use of tear gas on protestors is sometimes considered a form of torture.

Most countries practice torture, although few acknowledge it. The international prohibition of torture has not completely stopped torture; instead, states have changed which techniques are used and denied, covered up, or outsourced torture programs. Measuring the rate at which torture occurs is difficult because it is typically committed in secrecy, and abuses are likelier to come to light in open societies where there is a commitment to protecting human rights. Many torture survivors, especially those from poor or marginalized populations, are unwilling to report. Monitoring has focused on police stations and prisons, although torture can also occur in other facilities such as immigration detention and youth detention centers. Torture that occurs outside of custody—including extrajudicial punishment, intimidation, and crowd control—has traditionally not been counted, even though some studies have suggested it is more common than torture in places of detention. There is even less information on the prevalence of torture before the twentieth century. Although it is often assumed that men suffer torture at a higher rate than women, there is a lack of evidence. Some quantitative research has estimated that torture rates are either stagnant or increasing over time, but this may be a measurement effect.

Although liberal democracies are less likely to abuse their citizens, they may practice torture against marginalized citizens and non-citizens to whom they are not democratically accountable. Voters may support violence against out-groups seen as threatening; majoritarian institutions are ineffective at preventing torture against minorities or foreigners. Torture is more likely when a society feels threatened because of wars or crises, but studies have not found a consistent relationship between the use of torture and terrorist attacks.

Torture is directed against certain segments of the population, who are denied the protection against torture given to others. Torture of political prisoners and torture during armed conflicts receive more attention compared to torture of the poor or criminal suspects. Most victims of torture are suspected of crimes; a disproportionate number of victims are from poor or marginalized communities. Groups especially vulnerable to torture include unemployed young men, the urban poor, LGBT people, refugees and migrants, ethnic and racial minorities, indigenous people, and people with disabilities. Relative poverty and the resulting inequality in particular leave poor people vulnerable to torture. Criminalization of the poor, through laws targeting homelessness, sex work, or working in the informal economy, can lead to violent and arbitrary policing. Routine violence against poor and marginalized people is often not seen as torture, and its perpetrators justify the violence as a legitimate policing tactic; victims lack the resources or standing to seek redress.

Perpetrators

Charles Graner poses over Manadel al-Jamadi's corpse, after he was tortured to death by CIA personnel.

Since most research has focused on torture victims, less is known about the perpetrators of torture. Many torturers see their actions as serving a higher political or ideological goal that justifies torture as a legitimate means of protecting the state. Fear is often the motivation for torture, and it is typically not a rational response as it is usually ineffective or even counterproductive at achieving the desired aim. Torture victims are often viewed by the perpetrators as severe threats and enemies of the state. Studies of perpetrators do not support the common assumption that they are psychologically pathological. Most perpetrators do not volunteer to be torturers; many have an innate reluctance to employ violence, and rely on coping mechanisms, such as alcohol or drugs. Psychiatrist Pau Pérez-Sales finds that torturers act from a variety of motives such as ideological commitment, personal gain, group belonging, avoiding punishment, or avoiding guilt from previous acts of torture.

Although it is often assumed that torture is ordered from above at the highest levels of government, sociologist Jonathan Luke Austin argues that government authorization is a necessary but not sufficient condition for torture to occur, given that a specific order to torture rarely can be identified. In many cases, a combination of dispositional and situational effects lead a person to become a torturer. In most cases of systematic torture, the torturers were desensitized to violence by being exposed to physical or psychological abuse during training which can be a deliberate tactic to create torturers. Even when not explicitly ordered by the government to torture, perpetrators may feel peer pressure due to competitive masculinity. Elite and specialized police units are especially prone to torturing, perhaps because of their tight-knit nature and insulation from oversight. Although some torturers are formally trained, most are thought to learn about torture techniques informally.

Torture can be a side effect of a broken criminal justice system in which underfunding, lack of judicial independence, or corruption undermines effective investigations and fair trials. In this context, people who cannot afford bribes are likely to become victims of torture. Understaffed or poorly trained police are more likely to resort to torture when interrogating suspects. In some countries, such as Kyrgyzstan, suspects are more likely to be tortured at the end of the month because of performance quotas.

The contribution of bureaucracy to torture is under-researched and poorly understood. Torturers rely on both active supporters and those who ignore it. Military, intelligence, psychology, medical, and legal professionals can all be complicit in torture. Incentives can favor the use of torture on an institutional or individual level, and some perpetrators are motivated by the prospect of career advancement. Bureaucracy can diffuse responsibility for torture and help perpetrators excuse their actions. Maintaining secrecy is often essential to maintaining a torture program, which can be accomplished in ways ranging from direct censorship, denial, or mislabeling torture as something else, to offshoring abuses to outside a state's territory. Along with official denials, torture is enabled by moral disengagement from the victims and impunity for the perpetrators. Public demand for decisive action against crime or even support for torture against criminals can facilitate its use.

Once a torture program is begun, it is difficult or impossible to prevent it from escalating to more severe techniques and expanding to larger groups of victims, beyond what is originally intended or desired by decision-makers. Sociologist Christopher J. Einolf argues that "torture can create a vicious cycle in which a fear of internal enemies leads to torture, torture creates false confessions, and false confessions reinforce torturers' fears, leading to a spiral of paranoia and ever-increasing torture"—similar to a witch hunt. Escalation of torture is especially difficult to contain in counterinsurgency operations. Torture and specific techniques spread between different countries, especially by soldiers returning home from overseas wars, although this process is poorly understood.

Purpose

Punishment

The mutilated body of a man who was dismembered during the Boxer Rebellion

Torture for punishment dates back to antiquity and is still employed in the twenty-first century. A common practice in countries with dysfunctional justice systems or overcrowded prisons is for police to apprehend suspects, torture them, and release them without a charge. Such torture could be performed in a police station, the victim's home, or a public place. In South Africa, the police have been observed handing suspects over to vigilantes to be tortured. This type of extrajudicial violence is often carried out in public to deter others. It discriminatorily targets minorities and marginalized groups and may be supported by the public, especially if people do not trust the official justice system.

The classification of judicial corporal punishment as torture is internationally controversial, although it is explicitly prohibited under the Geneva Conventions. Some authors, such as John D. Bessler, argue that capital punishment is inherently a form of torture carried out for punishment. Executions may be carried out in brutal ways, such as stoning, death by burning, or dismemberment. The psychological harm of capital punishment is sometimes considered a form of psychological torture. Others do not consider corporal punishment with a fixed penalty to be torture, as it does not seek to break the victim's will.

Deterrence

See also: Deterrence (penology)

Torture may also be used indiscriminately to terrorize people other than the direct victim or to deter opposition to the government. In the United States, torture was used to deter slaves from escaping or rebelling. Some defenders of judicial torture prior to its abolition argued that it deterred crime; reformers contended that because torture was carried out in secret, it could not be an effective deterrent. In the twentieth century, well-known examples include the Khmer Rouge and anti-communist regimes in Latin America, who tortured and murdered their victims as part of forced disappearance. Authoritarian regimes often resort to indiscriminate repression because they cannot accurately identify potential opponents. Many insurgencies lack the necessary infrastructure for a torture program and instead intimidate by killing. Research has found that state torture can extend the lifespan of terrorist organizations, increase incentives for insurgents to use violence, and radicalize the opposition. Another form of torture for deterrence is violence against migrants, as has been reported during pushbacks on the European Union's external borders.

Confession

Further information: Forced confession

Torture has been used throughout history to extract confessions from detainees. In 1764, Italian reformer Cesare Beccaria denounced torture as "a sure way to acquit robust scoundrels and to condemn weak but innocent people". Similar doubts about torture's effectiveness had been voiced for centuries previously, including by Aristotle. Despite the abolition of judicial torture, it sees continued use to elicit confessions, especially in judicial systems placing a high value on confessions in criminal matters. The use of torture to force suspects to confess is facilitated by laws allowing extensive pre-trial detention. Research has found that coercive interrogation is slightly more effective than cognitive interviewing for extracting a confession from a suspect, but presents a higher risk of false confession. Many torture victims will say whatever the torturer wants to hear to end the torture. Others who are guilty refuse to confess, especially if they believe it would only bring more torture or punishment. Medieval justice systems attempted to counteract the risk of false confession under torture by requiring confessors to provide falsifiable details about the crime, and only allowing torture if there was already some evidence against the accused. In some countries, political opponents are tortured to force them to confess publicly as a form of state propaganda.

Interrogation

Main article: Interrogational torture
Two United States soldiers and one South Vietnamese soldier waterboard a captured North Vietnamese prisoner of war near Da Nang, 1968.

The use of torture to obtain information during interrogation accounts for a small percentage of worldwide torture cases; its use for obtaining confessions or intimidation is more common. Although interrogational torture has been used in conventional wars, it is even more common in asymmetric war or civil wars. The ticking time bomb scenario is extremely rare, if not impossible, but is cited to justify torture for interrogation. Fictional portrayals of torture as an effective interrogational method have fueled misconceptions that justify the use of torture. Experiments comparing torture with other interrogation methods cannot be performed for ethical and practical reasons, but most scholars of torture are skeptical about its efficacy in obtaining accurate information, although torture sometimes has obtained actionable intelligence. Interrogational torture can often shade into confessional torture or simply into entertainment, and some torturers do not distinguish between interrogation and confession.

Methods

Main article: List of methods of torture
Electroshock weapons are preferred by some torturers because they have legitimate uses and do not leave marks.

A wide variety of techniques have been used for torture. Nevertheless, there are limited ways of inflicting pain while minimizing the risk of death. Survivors report that the exact method used is not significant. Most forms of torture include both physical and psychological elements and multiple methods are typically used on one person. Different methods of torture are popular in different countries. Low-tech methods are more commonly used than high-tech ones, and attempts to develop scientifically validated torture technology have failed. The prohibition of torture motivated a shift to methods that do not leave marks to aid in deniability and to deprive victims of legal redress. As they faced more pressure and scrutiny, democracies led the innovation in clean torture practices in the early twentieth century; such techniques diffused worldwide by the 1960s. Patterns of torture differ based on a torturer's time limits—for example, resulting from legal limits on pre-trial detention.

Beatings or blunt trauma are the most common form of physical torture reported by about two-thirds of survivors. They may be either unsystematic or focused on a specific part of the body, as in falanga (the soles of the feet), repeated strikes against both ears, or shaking the detainee so that their head moves back and forth. Often, people are suspended in painful positions such as strappado or upside-down hanging in combination with beatings. People may also be subjected to stabbings or puncture wounds, have their nails removed, or body parts amputated. Burns are also common, especially cigarette burns, but other instruments are also employed, including hot metal, hot fluids, the sun, or acid. Forced ingestion of water, food, or other substances, or injections are also used as torture. Electric shocks are often used to torture, especially to avoid other methods that are more likely to leave scars. Asphyxiation, of which waterboarding is a form, inflicts torture on the victim by cutting off their air supply.

Psychological torture includes methods that involve no physical element as well as forcing a person to do something and physical attacks that ultimately target the mind. Death threats, mock execution, or being forced to witness the torture of another person are often reported to be subjectively worse than being physically tortured and are associated with severe sequelae. Other torture techniques include sleep deprivation, overcrowding or solitary confinement, withholding of food or water, sensory deprivation (such as hooding), exposure to extremes of light or noise (e.g., musical torture), humiliation (which can be based on sexuality or the victim's religious or national identity), and the use of animals such as dogs to frighten or injure a prisoner. Positional torture works by forcing the person to adopt a stance, putting their weight on a few muscles, causing pain without leaving marks, for example standing or squatting for extended periods. Rape and sexual assault are universal torture methods and frequently instill a permanent sense of shame in the victim and in some cultures, humiliate their family and society. Cultural and individual differences affect how the victim perceives different torture methods.

Effects

Norwegian resistance fighter Lauritz Sand recovering after his release from the Gestapo, May 1945

Torture is one of the most devastating experiences that a person can undergo. Torture aims to break the victim's will and destroy the victim's agency and personality. Torture survivor Jean Améry argued that it was "the most horrible event a human being can retain within himself" and that "whoever was tortured, stays tortured". Many torture victims, including Améry, later die by suicide. Survivors often experience social and financial problems. Circumstances such as housing insecurity, family separation, and the uncertainty of applying for asylum in a safe country strongly impact survivors' well-being.

Death is not an uncommon outcome of torture. Understanding of the link between specific torture methods and health consequences is lacking. These consequences can include peripheral neuropathy, damage to teeth, rhabdomyolysis from extensive muscle damage, traumatic brain injury, sexually transmitted infection, and pregnancy from rape. Chronic pain and pain-related disability are commonly reported, but there is scant research into this effect or possible treatments. Common psychological problems affecting survivors include traumatic stress, anxiety, depression, and sleep disturbance. An average of 40 percent have long-term post-traumatic stress disorder (PTSD), a higher rate than for any other traumatic experience. Not all survivors or rehabilitation experts support using medical categories to define their experience, and many survivors remain psychologically resilient.

Criminal prosecutions for torture are rare and most victims who submit formal complaints are not believed. Despite the efforts for evidence-based evaluation of the scars from torture such as the Istanbul Protocol, most physical examinations are inconclusive. The effects of torture are one of several factors that usually result in inconsistent testimony from survivors, hampering their effort to be believed and secure either refugee status in a foreign country or criminal prosecution of the perpetrators.

Although there is less research on the effects of torture on perpetrators, they can experience moral injury or trauma symptoms similar to the victims, especially when they feel guilty about their actions. Torture has corrupting effects on the institutions and societies that perpetrate it. Torturers forget important investigative skills because torture can be an easier way than time-consuming police work to achieve high conviction rates, encouraging the continued and increased use of torture. Public disapproval of torture can harm the international reputation of countries that use it, strengthen and radicalize violent opposition to those states, and encourage adversaries to themselves use torture.

Public opinion

Studies have found that most people around the world oppose the use of torture in general. Some hold definite views on torture; for others, torture's acceptability depends on the victim. Support for torture in specific cases is correlated with the belief that torture is effective and used in ticking time bomb cases. Women are more likely to oppose torture than men. Nonreligious people are less likely to support the use of torture than religious people, although for the latter group, increased religiosity increases opposition to torture. The personality traits of right-wing authoritarianism, social dominance orientation, and retributivism are correlated with higher support for torture; embrace of democratic values such as liberty and equality reduces support for torture. Public opinion is most favorable to torture, on average, in countries with low per capita income and high levels of state repression. Public opinion is an important constraint on the use of torture by states.

Prohibition

Further information: Torture in international law
Proposed United States poster, 1942 or 1943
Parties to the Convention against Torture in dark green, states that have signed the treaty in yellow, and others in gray

The condemnation of torture as barbaric and uncivilized originated in the debates around its abolition. By the late nineteenth century, countries began to be condemned internationally for the use of torture. The ban on torture became part of the civilizing mission justifying colonial rule on the pretext of ending torture, despite the use of torture by colonial rulers themselves. The condemnation was strengthened during the twentieth century in reaction to the use of torture by Nazi Germany and the Soviet Union. Shocked by Nazi atrocities during World War II, the United Nations drew up the 1948 Universal Declaration of Human Rights, which prohibited torture. Torture is criticized based on all major ethical frameworks, including deontology, consequentialism, and virtue ethics. Some contemporary philosophers argue that torture is never morally acceptable; others propose exceptions to the general rule in real-life equivalents of the ticking time-bomb scenario.

Torture stimulated the creation of the human rights movement. In 1969, the Greek case was the first time that an international body—the European Commission on Human Rights—found that a state practiced torture and it, along with Ireland v. United Kingdom, formed much of the basis for the definition of torture in international law. In the early 1970s, Amnesty International launched a global campaign against torture, exposing its widespread use despite international prohibition and eventually leading to the United Nations Convention against Torture (CAT) in 1984. Successful civil society mobilizations against torture can prevent its use by governments that possess both motive and opportunity to use torture. Naming and shaming campaigns against torture have shown mixed results; they can be ineffective and even make things worse.

The prohibition of torture is a peremptory norm (jus cogens) in international law, meaning that it is forbidden for all states under all circumstances. Most jurists justify the absolute legal prohibition on torture based on its violation of human dignity. The CAT and its Optional Protocol focus on the prevention of torture, which was already prohibited in international human rights law under other treaties such as the International Covenant on Civil and Political Rights. The CAT specifies that torture must be a criminal offense under a country's laws, evidence obtained under torture may not be admitted in court, and deporting a person to another country where they are likely to face torture is forbidden. Even when it is illegal under national law, judges in many countries continue to admit evidence obtained under torture or ill treatment. It is disputed whether ratification of the CAT decreases, does not affect, or even increases the rate of torture in a country.

In international humanitarian law, which regulates the conduct of war, torture was first outlawed by the 1863 Lieber Code. Torture was prosecuted during the Nuremberg trials as a crime against humanity; it is recognized by both the 1949 Geneva Conventions and the 1998 Rome Statute of the International Criminal Court as a war crime. According to the Rome Statute, torture can also be a crime against humanity if committed as part of a systematic attack on a civilian population. In 1987, Israel became the only country in the world to purportedly legalize torture.

Prevention

The Torture Never Again Monument in Brazil features a naked man hanging in the pau de arara position.

Torture prevention is complicated both by lack of understanding about why torture occurs and by lack of application of what is known. Torture proliferates in situations of incommunicado detention. Because the risk of torture is highest directly after an arrest, procedural safeguards such as immediate access to a lawyer and notifying relatives of an arrest are the most effective ways of prevention. Visits by independent monitoring bodies to detention sites can also help reduce torture. Legal changes that are not implemented in practice have little effect on the incidence of torture. Legal changes can be particularly ineffective in places where the law has limited legitimacy or is routinely ignored.

Sociologically torture operates as a subculture, frustrating prevention efforts because torturers can find a way around rules. Safeguards against torture in detention can be evaded by beating suspects during round-ups or on the way to the police station. General training of police to improve their ability to investigate crime has been more effective at reducing torture than specific training focused on human rights. Institutional police reforms have been effective when abuse is systematic. Political scientist Darius Rejali criticizes torture prevention research for not figuring out "what to do when people are bad; institutions broken, understaffed, and corrupt; and habitual serial violence is routine".

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