98
Human Rights in Counter-Terrorism Investigations
suspects in detention to strip down in front of others and subjecting them
to insults;
• Forcing a suspect to remain for periods of hours in a “stress position” with
fingers heald high above the head, the legs spread apart and the feet back,
causing the suspect to stand on his or her toes putting the weight of the
body mainly on the fingers;
• Subjection to noise and deprivation of food and drink are techniques used
pending the questioning of suspects; and
• Hooding, the practice of fully covering the head of or blindfolding terrorism suspects, usually aims at preventing them from identifying law
enforcement officials who inflict ill-treatment upon them. Individuals subjected to such practices, which are sometimes used in conjunction with
beatings, cannot breath freely, are disoriented and under intense stress.
Even in cases when no physical ill-treatment occurs, hooding or blindfolding a person in custody – and, in particular, someone undergoing
questioning – is a form of oppressive conduct, the effect of which will frequently amount to psychological ill-treatment.
In addition to these specific examples, any other treatment inflicting physical or mental suffering and instigated by someone in an official capacity would be considered torture or inhumane or degrading treatment.
Treatments that may not seem at first sight as extreme as the practices
above mentioned may amount to ill-treatment, taking into consideration the
circumstances in which they are inflicted and the suffering they inflict, or
to torture, depending on the level of severity of the pain and the intention of
an official to generate it. Both torture and ill-treatment are absolutely outlawed under international law.
Resorting to torture and ill-treatment during questioning is legally prohibited,
morally unacceptable and practically inefficient:
• Torture and ill-treatment is a crime in international law and should be
outlawed in domestic law;
•
Evidence obtained by torture or ill-treatment is inadmissible before any
court;
• The principle of non-refoulement absolutely prohibits the expulsion, return
or extradition of terrorism suspects to countries where they would face
risks of torture or ill-treatment;
• Torture jeopardizes co-operation with foreign law enforcement agencies; and
• Torture and ill-treatment are ineffective.
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