Torture and Other Cruel, Torture and Other Cruel, Inhuman or Degrading Inhuman or Degrading

TreatmentTreatment

Discussion ProblemDiscussion Problem

Presenter: Bill AseltinePresenter: Bill Aseltine

Part A: EffectivenessPart A: Effectiveness

Our group is called to the Prime Minister's Our group is called to the Prime Minister's office for advice. We are met there by the office for advice. We are met there by the Diilsland Army Chief of Intelligence and Chief Diilsland Army Chief of Intelligence and Chief Inspector of the National Police. The chiefs Inspector of the National Police. The chiefs say that they have dozens of suspected say that they have dozens of suspected insurgents in custody and intend to insurgents in custody and intend to interrogate them in order to obtain interrogate them in order to obtain information about plans for future attacks.information about plans for future attacks.

Part A: EffectivenessPart A: Effectiveness

The Intelligence Chief and Chief Inspector The Intelligence Chief and Chief Inspector angrily say that as the result of our advice angrily say that as the result of our advice the Prime Minister has ordered them not to the Prime Minister has ordered them not to allow interrogators to either torture suspects allow interrogators to either torture suspects or use other cruel, inhuman or degrading or use other cruel, inhuman or degrading treatment against them.treatment against them.

A1.A1. The chiefs say that this is a badThe chiefs say that this is a bad policy as policy as it will result in little useful information it will result in little useful information from suspects and result in more innocent from suspects and result in more innocent civilians, government police and soldiers civilians, government police and soldiers

will be killed or injuredwill be killed or injured..

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1.1. I agree. Torture will I agree. Torture will result in more useful result in more useful information. information.

2.2. I disagree. Torture I disagree. Torture will not result in more will not result in more useful information.useful information.

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A2.A2. What effect will the use of torture or other What effect will the use of torture or other cruel, inhuman or degrading treatment of cruel, inhuman or degrading treatment of suspects have on insurgents who have suspects have on insurgents who have not been caught? not been caught?

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1.1. It will increase their It will increase their resentment against resentment against the government the government leading to more leading to more fighting.fighting.

2.2. It will cause them to It will cause them to stop fighting stop fighting because they will because they will fear the Diilsland.fear the Diilsland.

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A3.A3. What effect will the use of torture or What effect will the use of torture or other cruel, inhuman or degrading treatment of other cruel, inhuman or degrading treatment of suspects have on citizens of Diilsland as a suspects have on citizens of Diilsland as a

whole?whole?

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1.1. The decision to use The decision to use torture will be seen as torture will be seen as justified because it justified because it increases security.increases security.

2.2. The decision to use The decision to use torture will be seen as torture will be seen as immoral and immoral and unjustified.unjustified.

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A4.A4. What effects will the use of torture or What effects will the use of torture or other cruel, inhuman methods on other cruel, inhuman methods on suspects have on the governments and suspects have on the governments and

people of other countries?people of other countries?

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1.1. Diilsland will Diilsland will lose support in lose support in the international the international community.community.

2.2. Other countries Other countries will understand will understand because they because they also use torture.also use torture.

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Part B: Part B: DefinitionsDefinitions

The Chief Inspector and Intelligence Chief The Chief Inspector and Intelligence Chief agree it is a bad idea to beat suspected agree it is a bad idea to beat suspected insurgents. insurgents.

However, the chiefs say, many of the However, the chiefs say, many of the suspects are hard-core insurgents who suspects are hard-core insurgents who refuse to answer questions and are openly refuse to answer questions and are openly hostile toward interrogators.hostile toward interrogators.

Part B: Part B: DefinitionsDefinitions (continued) (continued)

The chiefs say in such cases harsh methods The chiefs say in such cases harsh methods are needed to make the suspects more are needed to make the suspects more cooperative. cooperative.

The chiefs present our group with a list of The chiefs present our group with a list of interrogation techniques to use and ask us for interrogation techniques to use and ask us for our legal opinion regarding whether or not our legal opinion regarding whether or not each technique would be torture or other cruel, each technique would be torture or other cruel, inhuman or degrading treatment.inhuman or degrading treatment.

Part B: Part B: DefinitionsDefinitions (continued) (continued)

Applying article 7 of the Applying article 7 of the International International Covenant on Civil and Political RightsCovenant on Civil and Political Rights, the , the Convention Against Torture and Other Cruel, Convention Against Torture and Other Cruel, Inhuman or Degrading TreatmentInhuman or Degrading Treatment, and the , and the rulings of the European Court of Human rulings of the European Court of Human Rights, advise on the legality of each of the Rights, advise on the legality of each of the following techniques:following techniques:

B1.B1. Incentive/Removal of IncentiveIncentive/Removal of Incentive

In return for cooperation and truthfulness a In return for cooperation and truthfulness a suspect is provided luxuries candy, fruit, or suspect is provided luxuries candy, fruit, or cigarettes or provide a privilege he is cigarettes or provide a privilege he is otherwise not entitled to…otherwise not entitled to…

B1.B1. Incentive/Removal of IncentiveIncentive/Removal of Incentive

In return for cooperation and truthfulness a In return for cooperation and truthfulness a suspect is provided luxuries candy, fruit, or suspect is provided luxuries candy, fruit, or cigarettes or provide a privilege he is cigarettes or provide a privilege he is otherwise not entitled to…otherwise not entitled to…

Lack of cooperation or truthfulness will result Lack of cooperation or truthfulness will result in withdrawal of luxuries or privileges. Basic in withdrawal of luxuries or privileges. Basic human needs for water and food are always human needs for water and food are always

provided.provided.

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1.1. Legal Legal

2.2. Not legalNot legal

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B2.B2. Fear-Up (Harsh)Fear-Up (Harsh) A suspect’s fear prior to detention can be A suspect’s fear prior to detention can be exploited. The fear may be justified (fear of exploited. The fear may be justified (fear of punishment for murdering a soldier) or punishment for murdering a soldier) or unjustified (fear from false enemy unjustified (fear from false enemy propaganda that he will be tortured when propaganda that he will be tortured when captured). captured).

Threats or coercion will not be used. The Threats or coercion will not be used. The interrogator may not correct a suspect’s interrogator may not correct a suspect’s unjustified fear, leaving him with the false unjustified fear, leaving him with the false impression it may come true…impression it may come true…

In taking this approach, the interrogator may In taking this approach, the interrogator may behave in an overpowering manner, using a behave in an overpowering manner, using a loud and threatening tone of voice. He may loud and threatening tone of voice. He may throw objects across the room without hitting throw objects across the room without hitting

the suspect.the suspect.

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1.1. Legal Legal

2.2. Not legalNot legal

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B3.B3. Establish Your IdentityEstablish Your Identity: The suspect is : The suspect is falsely told that he has been identified as falsely told that he has been identified as an infamous person wanted by higher an infamous person wanted by higher authorities on serious criminal charges authorities on serious criminal charges and is not the person he claims to be. In and is not the person he claims to be. In an effort to clear himself of the allegation an effort to clear himself of the allegation the suspect is then likely to make a the suspect is then likely to make a genuine and detailed effort to establish genuine and detailed effort to establish

and substantiate his true identity.and substantiate his true identity.

1.1. Legal Legal

2.2. Not legalNot legal

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B4.B4. False FlagFalse Flag. Convince the suspect he is . Convince the suspect he is being interrogated by officials from a being interrogated by officials from a

country other than Diilsland.country other than Diilsland.

1.1. Legal Legal

2.2. Not legalNot legal

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B5. B5. HoodingHooding. Blindfold the suspect during . Blindfold the suspect during

interrogation.interrogation.

1.1. Legal Legal

2.2. Not legalNot legal

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B6.B6. Mild Physical Contact:Mild Physical Contact: Lightly touch, Lightly touch, lightly poke, or softly grab a suspect in a lightly poke, or softly grab a suspect in a completely non-injurious manner.completely non-injurious manner.

1.1. Legal Legal

2.2. Not legalNot legal

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B7.B7. Dietary Manipulation:Dietary Manipulation: Provide suspect Provide suspect only military field rations, but in only military field rations, but in nourishing amounts and meeting his nourishing amounts and meeting his cultural dietary restrictions. In each case, cultural dietary restrictions. In each case, prior approval of either of the Chiefs is prior approval of either of the Chiefs is required and notification of the Minister of required and notification of the Minister of Justice or Minister of Defense.Justice or Minister of Defense.

1.1. Legal Legal

2.2. Not legalNot legal

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B8.B8. Environmental Discomfort:Environmental Discomfort: During During interrogations alter the environment to interrogations alter the environment to create moderate discomfort by changing create moderate discomfort by changing the temperature or introduction of an the temperature or introduction of an unpleasant smell. Conditions must not unpleasant smell. Conditions must not injure the suspect.injure the suspect.

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1.1. Legal Legal

2.2. Not legalNot legal

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B9.B9. Sleep Adjustment:Sleep Adjustment: Adjust the suspect's Adjust the suspect's sleeping times. For example, reverse his sleeping times. For example, reverse his sleeping cycle from night to day. This sleeping cycle from night to day. This does not involve sleep deprivation.does not involve sleep deprivation.

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1.1. Legal Legal

2.2. Not legalNot legal

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B10.B10. IsolationIsolation: Isolate the detainee from other : Isolate the detainee from other detainees for up to 30 days. Continue to detainees for up to 30 days. Continue to meet basic standards of humane meet basic standards of humane treatment. In each case prior approval of treatment. In each case prior approval of either the Chiefs is required and either the Chiefs is required and notification of the Minister of Justice or notification of the Minister of Justice or Minister of Defense.Minister of Defense.

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1.1. Legal Legal

2.2. Not legalNot legal

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B11.B11. Prolonged InterrogationProlonged Interrogation: Use prolonged : Use prolonged interrogations for a long period of time. interrogations for a long period of time. For example: 20 hours of interrogations For example: 20 hours of interrogations

each day for a series of days.each day for a series of days.

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1.1. Legal Legal

2.2. Not legalNot legal

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B12.B12. Forced GroomingForced Grooming: Forced shaving of the : Forced shaving of the suspect's hair and/or beard.suspect's hair and/or beard.

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1.1. Legal Legal

2.2. Not legalNot legal

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B13.B13. Stress PositionsStress Positions:: Require the suspect to Require the suspect to stand or use other similar positions for stand or use other similar positions for prolonged periods of time. Allow the prolonged periods of time. Allow the suspect to rest briefly then awaken him suspect to rest briefly then awaken him repeatedly. Not to exceed 4 hours in a 24 repeatedly. Not to exceed 4 hours in a 24 hour period.hour period.

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1.1. Legal Legal

2.2. Not legalNot legal

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B14.B14. Removal of ClothingRemoval of Clothing: Remove all clothing : Remove all clothing from the suspect. Ensure environmental from the suspect. Ensure environmental conditions do not cause injury.conditions do not cause injury.

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1.1. Legal Legal

2.2. Not legalNot legal

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B15.B15. Exploit Individual PhobiasExploit Individual Phobias: Introduce : Introduce factors that create suspect anxiety but do factors that create suspect anxiety but do not create terror or mental trauma. For not create terror or mental trauma. For example, have an attack dog present in example, have an attack dog present in the interrogation room without directly the interrogation room without directly threatening action.threatening action.

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1.1. Legal Legal

2.2. Not legalNot legal

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