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generic biopsychosocial factors that have shaped human decision-making throughout
history, irrespective of national, cultural, religious or other distinctive influences.
76. Contrary to the presumptions of rationality and morality underlying
modern statehood, most individual or collective decision-making: (a) remains
guided by largely unconscious emotional impulses; (b) pursues perceived shortterm self-interest; and (c) is rationalized in line with predominant social
expectations only ex post facto.
77. That also applies to complex collective decision-making processes that are
essential for the integrity and effectiveness of constitutional instituti ons and
procedures, such as political elections and appointments, judicial and
administrative oversight and independent media reporting.
78. Human self-interest has various distinct aspects, each of which is aimed at
fulfilling basic biopsychosocial needs: (a) self-preservation (need for safety and
security); (b) self-determination (need for autonomy and control); (c) selfaffirmation (need for worth and dignity); (d) self-justification (need for justice);
and (e) self-gratification (need for reward and stimulation).
79. When it is distorted by excessive fear, pathological dysfunction or
experiences of trauma, perceived self-interest can trigger attitudes and conduct
that are conducive to serious human rights violations, including torture and ill treatment.
80. When self-interested decision-making leads to torture and ill-treatment,
both perpetrators and bystanders tend to suppress the resulting moral dilemma
through largely unconscious, self-deceptive patterns of “moral disengagement”,
namely: (a) denial of fact (wilful ignorance); (b) denial of responsibility
(diffusion or displacement of responsibility); and (c) denial of wrongfulness
(trivialization, or utilitarian or discriminatory justification).
81. Narratives of moral disengagement can never justify torture or illtreatment as a matter of law. As psychosocial patterns of self-deception, however,
they severely impair the ability and willingness of political leaders, judges,
officials, the media and the general public to accurately perceive and act upon
allegations of torture or ill-treatment. By subtly or severely distorting
perceptions of reality, moral disengagement narratives can neutralize even
sophisticated normative and institutional frameworks for the prevention and
prosecution of torture and ill-treatment, thus producing the current worldwide
prevalence of complacency and impunity, often additionally reinforced through
intimidation and reprisals.
82. In his official dialogue with States relating to specific concerns or allegations
of torture or ill-treatment, the Special Rapporteur routinely encounters all of the
moral disengagement patterns described in the present report. In practice, the
predominant reaction pattern of States to official communications transmitted by
the Special Rapporteur is denial of fact, even in the face of compelling evidence.
Where the occurrence of torture or ill-treatment cannot be denied, States tend to
deny either their responsibility or the wrongfulness of the alleged conduct. It is
regrettable that genuine engagement in a constructive, substantive and
transparent dialogue aimed at ensuring full and effective compliance with the
prohibition of torture and ill-treatment remains exceptional.
83. The innate human predisposition to adopt self-deceptive patterns of denial
is not a deviation, but a generic, biopsychosocial fact devoid of mor al
connotations. As such, it cannot be changed, but must be fully acknowledged and
appropriately managed. Unless contemporary governance systems learn to
effectively mitigate the corrosive effects of such patterns, there is no realistic
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