Part 3
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In many police forces, a culture has existed whereby the sole and main objective of questioning was to extract a confession from the suspect. Frequently,
the fact that a suspect may be innocent of any involvement in terrorismrelated offences has been ignored. This has led to grave abuses, sometimes
including the deaths of suspects. Police officers participating in such illegal
practices often do so because they believe, in good faith, that the suspect is
guilty and that the only way of proving this and of obtaining a conviction
is to persuade him or her to confess. When the suspect is unwilling to do so,
threats and/or physical ill-treatment, sometimes amounting to torture, may
be inflicted. In some police forces, resorting to torture and ill-treatment is
both systemic and systematic. Such practices cannot be justified under any
circumstances, including in the anti-terrorism context, and constitute violations of the prohibition of torture and other cruel, inhuman or degrading
treatment.
Case Study – Treatment in police custody*
X is identified by a detainee as being a member of a terrorist organization, and
is subsequently taken into custody. He is detained for days. During this period,
X is allegedly blindfolded during interrogation; suspended from his arms, which
are tied together behind his back; given electric shocks, which are exacerbated
by throwing water over him; and subjected to beatings, slapping and verbal
abuse. This treatment is inflicted on him in order to persuade him to confess
that he knows the detainee who identified him.
After his release, X has lost movement in his arms and hands, and medical
reports attest that his condition is consistent with the treatment he allegedly
suffered while in custody.
Question: Does the treatment of the suspect amount to torture?
If an individual is taken into custody in good health, but is injured at the time of
release, it is the police’s responsibility to provide a plausible explanation as to
what caused the injury. If they fail to do so, there is a strong presumption that
the individual was ill-treated by the police.
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