Morality of TortureJoin now to read essay Morality of TortureThe moral issue of torture is one that has come under scrutiny by many national and international organizations as of late. To talk about torture one must really understand what torture is. As taken from Dictionary.com “1.a. Infliction or severe physical pain as a means of punishment or coercion. b. An instrument or a method for inflicting such pain. 2. Excruciating physical or mental pain; agony. 3. Something causing severe pain or anguish.” This is just the literal meaning of the word but doesnt entail the great horror that usually accompanies torture. As stated in the “Ticking Bomb” example given on the instruction sheets, “The interrogation wont be pretty, and the prisoner may never recover. Shall we do whatever is necessary?” On what moral level is bringing a human being to humiliation, unbearable physical and mental abuse, and most of the time an ultimate end ever an acceptable practice? Torture should be as unthinkable as slavery. In principle it is: since World War II, governments the world over have agreed to ban torture without exception, even when at war or facing acts of terrorism. International treaties banning torture and other, inhuman, and degrading practices are among the most widely ratified treaties in existence. It is not just the United States that endorses these practices; it is over 150 counties according to the United Nations expert on torture Theo van Boven. Since the United States has gone to “war on terror” in Afghanistan, the president and other top officials seem to think that we are not actually “at war” rather these detainees are outside the realm of prisoners of war (POW) status and they dont have rights under the Geneva Conventions. Now governments are returning alleged terrorists or national security suspects to countries where they are at risk of torture or ill treatment. This is just a reminder as to why the U.S. did not join the International Criminal Court because they have the “bad man” mindset knowing that they will or already use these tactics. There are many reasons as to why torture is immoral and three of these such reasons are; torture is an unreliable source of information and can work against a government, torture is illegal under most every nations laws, and torture is just plain immoral and that is the reason it is illegal.
Torture as a means of interrogation may result in false statements, for a person under torture is likely to say anything to lessen the pain. Thus information received under torture is inadmissible as evidence in legal proceedings in the US and overseas. Mistreatment of people creates resentment and anger in the individual and his family, friends and community, and therefore any government-sanctioned torture here is certain to generate more hateful opponents of the US. The official use of torture by the President or another governing body in the U.S. (as given as a replacement on the instruction sheet for this paper) would nullify US efforts against torture abroad and undermine U.S. human rights policy. It also would signal to other governments that when faced with a special situation, any behavior is acceptable. It has been proven by organizations such as Human Rights Watch, United States Institute of Peace and The Crimes of War Project that legitimizing torture, even on a small scale, or any form of cruel treatment brings the principles and ethics that society is based on down. Especially if the U.S. uses it because to the rest of the world we are looked up to as the most law-biding nation, yet we bend the rules to fit each circumstance and look for the loop holes which brings further scrutiny on specific things such as; a POW not being a terrorist detainee and are somehow outside the realm of human rights laws against torture. Not only can torture be unproductive it can also work totally against a nation that uses it. For instance if the U.S. didnt enforce the universally recognized right to not be tortured it could be potentially alienating a slew of international allies.
All over the world torture is forbidden by law and for good reasons. United States and international law prohibit torture under all circumstances. The Universal Declaration of Human Rights states, “no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.” The United States has ratified the Geneva Convention against torture as an act by which severe pain or suffering, whether physical or mental, is inflicted intentionally for purposes such as obtaining information or a confession. The U.S. Senate ratified the treaty in 1994, and Congress later implemented the treaty by passing the Torture Victim Protection Act. Torture also violates the Fifth and Eighth
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The Torture Victim Protection Act (TPDPA) imposes rigorous penalties and requires reporting as a condition of all reporting. The TPDPA applies to all reports pertaining to a detainee/witness who may be subject to torture or cruel, inhuman or degrading treatment or punishment. Only all reports of suspected detainees or witnesses may be reported. Each report must be documented and reported to the U.S. Attorney or CIA by a local, state or national legal authority within the U.S. who maintains authority under Torture Victim Protection Law. —————————————————————————
The original form of this bill was crafted in order to limit detainee privacy and the security of victims’ privacy, i.e. the access to the Internet, cell phone- and Internet related records, in public view. It has not been adopted and therefore cannot be adopted. It also was not proposed by the United States, nor has it become final.
The bill will expire in late 2014.
As of December 2014, there are no pending law changes that would require a new or amended law in the current Congress for these purposes, nor will there be a federal law enacted until in 2018, at which time the bill authorizes the use of this tool.
If no law has been implemented, any action taken under this bill by the U.S. government under the TPDPA will be made through a federal courts. All lawsuits for tort or unlawful acts would be automatically dismissed or filed without prior judicial review, and any action before the President has discretion to make or enforce a final or final order is subject to judicial review.
The TPDPA will also allow the CIA, the Department of State, and, where practicable, other countries to use this tool.
Each victim of any form of torture, including any form of physical or mental torture, may seek a hearing before Congress to provide up to a year’s legal relief in exchange for that form of torture’s abolition. The request must be approved by the Government Accountability Office. For more information on the law status of an asylum request for detention, visit United States Sentencing Project.
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The bill will also allow the United States Agency for International Development (USAID) and the U.S. Government Accountability Office to use TPDPA as a tool to improve transparency and review in court proceedings and to enable victims and witnesses to obtain legal information and access access information from the U.S. Department of State or relevant U.S. legal authorities. This bill will allow for the declassification of and use as the basis for legislation in the House of Representatives.