What is the problem?
What is the problem with receiving and using
torture-tainted information, and sharing information
with States that torture?
Using the fruits of torture encourages it, and gives torture an
ill-deserved credibility. Accepting, using, and placing value on
such intelligence ‘legitimises’ the torture used for its collection. It
is hypocritical of States to condemn torture committed by others
while accepting its products.
In accepting torture-tainted information, States can become
customers to torture, and may implicitly legitimise and encourage
its use. By encouraging torture, agencies create a market where
States that torture are rewarded for their trade.
Torture-tainted information is inherently unreliable. The pain and
suffering caused to a victim destroys their will and causes them to
say anything to end the pain. This pain and suffering is long-lasting,
and likely causes the suffering to continue long after the torture
itself ends. Using torture-tainted information which has a high risk
of unreliability is contrary to the interests of police, security and
intelligence agencies, who require accurate information in order to
operate effectively.
Relying on tainted information wastes resources. Torture necessarily
generates false positives, as interrogators only accept information
they want to hear. On the basis of unreliable information obtained by
torture, investigations are diverted and more information is sought,
again repeating the cycle of torture. Such tactics wastes time and
diverts attention from proper investigations and real threats.
17
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