A/73/207
45. Recently, States have even increasingly attempted to reinterpret certain coercive
interrogation practices as not violating the prohibition of torture and ill -treatment,
predominantly in the context of counter-terrorism and counter-insurgency (see
A/71/298, para. 9, and A/59/324, paras. 14–16). Arguments are continually made for
narrowing the definition of the prohibited conduct, for example by over -emphasizing
the criterion of the “severity” of the pain and suffering inflicted and, in particular, by
requiring that serious injury or long-term harm ensue before the action is considered
to be in violation of the prohibition. That trend has been accompanied by the
emergence of euphemistic terminology, such as “enhanced interrogation” or “pressure
techniques”, and by the increasing use of methods specifically designed to avoid
leaving physical traces, such as stress positions, sleep deprivation, suffocation,
hooding or blind-folding, and long-term exposure to physical discomfort, mental
pressure and sensory destabilization.
46. In the view of the Special Rapporteur, it is difficult to envisage any realistic
scenario of the intentional and purposeful infliction of pain and suffe ring on a
powerless person that would not amount to torture. Without doubt, intentionally
inflicting pain or suffering on a powerless person for purposes such as coercion,
intimidation, punishment or discrimination always amounts to torture, irrespective o f
whether the intended pain or suffering is caused by a single method or the
accumulation of multiple techniques and circumstances, and regardless of whether
the pursued purpose is achieved instantaneously, only after repeated or prolonged
exposure, or cannot be achieved at all due to the victim’s resilience or other
intervening circumstances. Moreover, it must be recalled that any cruel, inhuman or
degrading treatment or punishment, regardless of whether it may be formally
qualified as torture, is unlawful and cannot be justified under any circumstances.
2.
Justification
47. Despite the absolute and non-derogable character of the prohibition, the idea
persists that torture or ill-treatment can be justified in exceptional circumstances.
Particularly in counter-terrorism, the use of coercive interrogation has been portrayed
as a “necessary evil” to ensure public safety and national security, a narrative that has
been widely replicated in TV series and other mainstream entertainment and which
seems to have strongly influenced an increased public tolerance for torture. Most
notably, based on the so-called “ticking bomb” scenario, it is argued that the duty of
States to protect the lives of their inhabitants should take precedence over the
protection of terrorist suspects against torture when coercive interrogation is
perceived as being absolutely necessary to “extract” information required to locate
and neutralize a bomb threatening many innocent lives.
48. Exceptionalist narratives such as the “ticking bomb” scenario are fundamentally
flawed on several levels. First, from a practical perspective, interrogators can rarely
be certain as to whether a suspect really possesses the required information and
whether the alleged bomb exists or simply has been invented in order to spread terror,
thus entailing a significant risk of error. Second, as a matter of logic, even when
suspects possess the required information, they have little reason to tell the truth, as
false information can equally interrupt the torture and cause interrogators to lose time
verifying the information without being able to neutralize the presumed bomb. Third,
from a policy perspective, to permit the use of torture even in the most exceptional
circumstances necessarily requires the creation of a system, policy and culture of
torture, with interrogators being “trained” accordingly. Experience shows that, once
that process has taken place, torture and ill-treatment invariably become a pervasive
practice that is impossible to control (see also A/HRC/13/39/Add.5, para. 56). Fourth,
from a legal perspective, the “ticking bomb” narrative is based on the misleading
rationale that torture should be permitted as a necessary means of last resort, whereby
18-12051
13/23
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