On the Conceptual and Evidentiary Dimensions of Psychological Torture1
15 REVIEW Debility, dependency and dread: On the conceptual and evidentiary dimensions of psychological torture1 Ergun Cakal, LLM* its perpetrators. A review of the current Key points of interest: literature to map conceptual and evidentiary •• Psychological torture is prohibited shortcomings from an inter-disciplinary by international law, but is ill- perspective is therefore warranted. Method: defined and regularly interpreted as The relevant texts were identified through not amounting to torture. Mental a systematic full-text search of databases, suffering needs to be clarified namely HeinOnline, HUDOC, UNODS and and expanded upon as part of the DIGNITY´s Documentation Centre, with definition of torture. the keywords `psychological torture´, `mental •• Psychological torture is complex and pain and suffering´, `severity´, `humiliation´, lacks appropriate acknowledgement `interrogation techniques´, and `torture in evidence-based fora. methods´. The identified texts, limited to English-language journal articles, NGO Abstract: reports, court-cases and UN documents Background: Psychological torture is from 1950 to date, were then selected deployed to break and obliterate human for relevance pertaining to conceptual, resistance, spirit and personality, but it evidentiary, technological and ethical critique is rarely afforded sufficient attention. provided therein. Results/Discussion: Deficiencies in conceptualising, documenting Evidential invisibility, subjectivity of the and adjudicating non-physical torture suffering, and perceived technological mean that it is frequently left undetected control are the primary ways in which and uncontested by the public, media psychological torture methods are designed, and the courts, bolstering impunity for and how they manage to evade prosecution 28, Number 2, 2018 Volume TORTURE and consequently be perpetuated. Cognisant of the need for further research, pertinent questions highlighting the need *) Legal Advisor, DIGNITY - Danish Institute to develop approaches, sharpen standards Against Torture.
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