A/75/179
insurgent forces implicated in such abuse, 30 but also the irregular rendition of
detainees to other countries for purposes of coercive interrogation 31 and migration
policies by which destination countries collude with the “pullback operations” of
unsafe countries, thus deliberately preventing the arrival of migrants in their own
jurisdiction and knowingly exposing them to torture, rape and murder (see
A/HRC/37/50, paras. 54–57).
D.
Denial of wrongfulness
51. Where responsibility for acts of torture or ill-treatment cannot be denied, the
resulting moral dilemma tends to be suppressed through denial of w rongfulness. Most
commonly, this involves claims that the conduct in question does not meet the
definition of torture or ill-treatment in the first place (trivialization) or that it is
exceptionally justified based on utilitarian considerations (necessary evil) or
discrimination (group-based exclusion).
1.
Trivialization
52. Moral disengagement through trivialization begins with the use of euphemistic
language aimed at “sanitizing” torture and ill-treatment and creating a perception of
acceptability. 32 Thus, measures involving torture or ill-treatment have been
euphemistically described as, inter alia, “enhanced interrogation”, 33 “deep
interrogation”, 34 “moderate physical pressure”, 35 “pressure techniques”, 36 “special
measures”, 37 “human resource exploitation”, 38 “vocational training”, 39 “conversion
therapy”, 40 “deterrence” 41 and “special administrative measures”. 42
53. Trivialization also manifests in efforts to exclude certain practices from the legal
definition of torture and ill-treatment, most commonly through objectively
unsustainable assertions that the resulting pain or suffering, although intentionally
__________________
30
31
32
33
34
35
36
37
38
39
40
41
42
16/25
See, for example, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.
United States of America), Merits, Judgment, I.C.J. Reports 1986, p. 14, para. 110; International
Tribunal for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Appeals
Chamber, The Prosecutor v. Duško Tadic, Case No. IT-94-1-A, Judgment, 15 July 1999, para. 117;
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia
and Herzegovina v. Serbia and Montenegro), Judgment, I.C.J. Reports 2007 , p. 43, para. 430.
Sam Raphael, Crofton Black and Ruth Blakely, CIA Torture Unredacted (The Rendition Project
and The Bureau of Investigative Journalism, July 2019).
Kimberly Rios and Dominik Mischkowski, “Shaping responses to torture: what you call i t
matters”, Personality and Social Psychology Bulletin, vol. 45, No. 6 (June 2019), pp. 934–946;
James Waller, Becoming Evil: How Ordinary People Commit Genocide and Mass Killing (Oxford
University Press, 2002).
See Office of the United Nations High Commissioner for Human Rights, “Torture is torture, and
waterboarding is not an exception – UN expert urges the US not to reinstate it”, 30 January 2017.
European Court of Human Rights, Ireland v. the United Kingdom, Case No. 5310/71, Judgment,
18 January 1978.
Committee against Torture, concluding observations on Israel of 12 June 1994 ( A/49/44,
paras. 159–171).
Communication AL ISR 7/2018 of 31 January 2018.
Human Rights Watch, “‘Special measures’: detention and torture in the Chinese Communist
Party’s Shuanggui system”, 6 December 2016.
United States of America, Central Intelligence Agency, Human Resource Exploitation Training
Manual (1983).
CAT/C/CHN/CO/5, para. 42; Communications: OL/CHN18/2019 of 1 November 2019;
OL/CHN15/2018 of 24 August 2018.
A/74/148, para. 48–50.
A/HRC/37/50, para. 7, 19, 28 and 34.
A/HRC/22/53/Add.4, para. 179.
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