A/HRC/13/39/Add.5
B.
Why is torture inflicted?
1.
Purpose of torture and reasons
58.
Torture is always committed with a specific purpose. The pain and suffering
inflicted is a means to achieve a certain aim as the examples in article 1 CAT indicate.
(a)
Extraction of a confession
59.
While I came across a variety of purposes for which persons had been tortured, the
vast majority of cases were for the extraction of a confession. One detainee in Kazakhstan
indicated that there where “people confessing to the killing of Kennedy”. Suspects are first
intimidated and then threatened with ill-treatment in case of non-cooperation. Eventually,
the person is tortured. The abuse can take place right after arrest or during transfer. In most
cases however, it is inflicted at the police station; if not in the holding cells then in ordinary
offices or locations notorious for its use for interrogations and ill-treatment.
60.
In most countries visited, as well as in many other legal systems, the confession of a
suspect holds a very prominent and very dangerous role when it comes to establishing
criminal accountability. While the admission of guilt and the realization of having done
something wrong is certainly significant to rehabilitate and reintegrate an offender, the
ability to convict a suspect on the basis of a confession, without any further supporting
evidence, is a major contribution to an environment conducive to torture.
61.
While there are several factors to explain why torture is inflicted, it is important —
partly in order to establish mechanisms preventing torture — to inquire into the motives of
the individual perpetrator. The resort to torture becomes a tempting option for an individual
police officer due to a fatal combination of various elements: 1) officers are under
considerable pressure from their superiors, judges, prosecutors, politicians, the media and
the general public to solve cases; 2) the lack of state of the art equipment or knowledge of
modern investigation techniques (e.g. DNA evidence); and 3) the absence of safeguards,
such as the de facto admissibility of evidence obtained under torture or non-representation
by a lawyer during interrogation, make the extraction of a confession the most expeditious
means of “solving” a case. Furthermore, in many countries I visited, perpetrators of torture
were motivated by a profane mix of financial or professional self-interest. The advancement
of one’s own job position and the promotion to a higher rank and salary is often dependent
on the amount of cases solved. While in principle there may be some reasonable rationale
behind such a link, this incentive makes the torturing of detainees a career-boosting
exercise in a context which lacks any meaningful safeguards. Since anybody would say
anything his or her tormentor wanted to hear in order to stop the pain, anybody can be
convicted. In such a context, a confession is solely dependent upon the physical and mental
strength of the victim, rather than an actual commission of the crime. As an indication of
the prevalence of torture as a means to obtain a confession, in eleven of the fifteen countries
I have visited, the police used torture in a widespread or even systematic manner against
individuals in their custody.
(b)
Extraction of information
62.
The use of torture to extract information other than a confession from a detainee is
also widespread in many countries. Often detainees, whether in prisons or in police stations,
were severely beaten in order to release names of co-perpetrators of ordinary crimes, and
most of these victims were convicted for small offenses. As an example, numerous
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents