How should we respond
to the moral dilemma?
We may be presented with an impossible moral conundrum: What
would you do, if you would save countless lives threatened by a real
and immediate threat by using the fruits of torture?20
This moral dilemma, which is in almost every case a fictional
collaboration between impossible circumstances, is in large part
a distraction from the absolute prohibition against torture, which
does not allow actors to weigh the morality of their actions. As
noted above, such information is likely to be untrue, and to act on
such information would waste resources and legitimise the abuse.
Importantly, such ‘moral dilemmas’ also ignore the preventive
approach, which encourages the use of practices and procedures
which safeguard against the wasteful situation of relying on
information obtained by torture, and instead promotes the sharing
and use of reliable information, obtained through effective noncoercive techniques of intelligent investigation. Through effective
practices of prevention, such moral dilemmas lose much of their
cache.
We can’t stop executive actors acting on information which could
save lives (and nor should we, as every State also has a fundamental
duty to protect life and security). For this very important reason, it
would be impossible to implement an absolute prohibition on the
use of torture-tainted information, particularly where the stakes
are so high. Instead, executive agencies might reconsider how such
information is treated, and reflect on the active information-sharing
relationships with States who have a long and shameful record of
systematic torture.
20
This scenario is often retold as a ticking-bomb scenario, which has now been
thoroughly rejected by experts examining the issues from legal, political and moral
perspectives. See for instance APT, Defusing the Ticking Bomb Scenario: Why we
must say No to torture, always (2007), available at http://www.apt.ch/content/
files_res/tickingbombscenario.pdf.
19
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