DOCSLIB.ORG

Page Numbers in Italics Refer to Illustrations, Maps, and Tables Abd

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Page Numbers in Italics Refer to Illustrations, Maps, and Tables Abd Mile_140006578X_3p_bm_r3.r.qxp 6/15/06 9:41 AM Page 221 INDEX Page numbers in italics refer to illustrations, maps, and tables Abd al-Rahman, 105 photographs of, ix, 11, 18–23, 49, 81, Abed, Mohammed Najem, 109 97–99, 97, 104, 111, 119, 119, 125, 128, Abed al-Latif, Nasrat Mohammad 143, 155, 162, 166 (Amer), 81 pyramid of prisoners at, 119–20, 119 Abu Ghraib, Abu Ghraib scandal, remade as interrogation center, 49 ix–xii, xvii, 11, 48–57, 151, 168 Schlesinger’s investigation of, 7, 10, 11 Al-Sheikh in, 3–4, 15, 121 silence and, 119–26, 134 Arab response to, 17, 21–22 under Hussein, 28, 29, 44, 48, 100 Army investigations of, 100, 113, 120, videotape of, 104 122–23, 129, 134, 136, 164 women prisoners and, 81, 121, 124 attacks on, 113–14 abuse, xiv, 13, 33, 153 BSCT at, 54, 56–57, 97 at Camp Bucca, 10–11 bureaucratic breakdown at, 57 dropping of cases of, 124–25 homicide at, 44–45, 71, 72, 83, 95 forced watching of, 8, 83 hospital at, 83, 116 neglect as, see neglect hunger strikes at, 109 protection against, 31 interrogation exams at, 51 silence about, see silence interrogation poster from, 51, 52, 59, see also interrogations; torture 150 abuse, policy foundations of, 143–51 Jamadi at, 44–45, 59, 72 and creation of new prison medical meal system at, 106–7 standards, 144–50 medical care at, 98–101 new harsh interrogation policies in, medical personnel and, ix–x, xii, 3–4, 150–51 18, 19, 20, 97–98 Ackerson, Dr., 3–4 mentally ill in, 97–98, 97, 103, 104–5 Adams, Theresa, 4 Miller’s visit to, 48, 151 Afghanistan, xvii, 51, 66, 151, 159–60 neglect at, 55, 97–104, 106–7, 109–14, access to medical records in, 55, 64, 116, 118, 120 150 overcrowding at, 49–50 concealment in, xi–xii Mile_140006578X_3p_bm_r3.r.qxp 6/15/06 9:41 AM Page 222 222 | INDEX Afghanistan (cont.) Council on Ethical and Judicial Geneva Conventions and, 48, 49, 68, Affairs of, 36 107, 144–47 American Medical Student Association, homicide in, 62, 68–73, 75, 79, 81, 82, 128 89, 90–92 American Nursing Association, 133 medical care denied in, 62, 68 American Psychiatric Association, 37, medical care in, 99, 100, 101 129, 132 mentally ill in, 103, 105 American Psychological Association, 37, neglect in, 73, 99, 100, 101, 103, 105, 129–32 107, 114–18 American Public Health Association, prison abuses in, ix, x, 25, 68 133 prison investigations in, 64, 71 American Refugee Committee, xiv Red Cross in, 68, 81, 127 American Society for Bioethics and Hu- silence in, 127, 134–35 manities, 133 U.S. invasion of, 144 Ames, Frances, 39 Agiza, Ahmed, 157 Amin, Idi, 152 Air Force, U.S., 51, 59, 100 Amnesty International, xi, 38, 81, 105, Akpinar, Cumhur, 38 126, 133, 138 Al Asad, xvii, 95 Conference for the Abolition of Alcoholics Anonymous, 18 Torture of, 34 Aldape-Moreno, Helga Margot, 120 on Guantánamo as gulag, 152 Algeria, 17, 164 anal penetration, 38, 74, 122, 135 alienation, torture and, 16–17 Anderson, Dr., 104 Al Qaeda, 16, 61–62, 131 Andersonville prison camp, 118 preexisting prison standards voided Annals of Plastic Surgery, 129 for, 144–47 anti-Americanism, 15, 17–18, 155–56, Al Qaim, xvii, 95 161–62 Al-Sheikh, Ameen Sa’eed, 3–4, 121 anti-Semitism, 6, 165 Alvarez Santibañez, Federico Renato, 29 anxiety, 28, 103, 115, 120 AMA, see American Medical Apollo, 168 Association Arellano, Laurie, 124 American Academy of Child and Argentina, 152 Adolescent Psychiatry, 133 Dirty War in, 6, 165, 167 American Academy of Pediatrics, 133 U.S. complicity with, 22, 159 American Association for Correctional Armed Forces Institute of Pathology and Forensic Psychology, 133 (AFIP), 45, 73, 87, 90 American Civil Liberties Union, xi, 53, Armstrong, Troy, 112 159 Army, U.S., 51, 68, 72, 82, 164 American College of Physicians (ACP), Abu Ghraib guards and, 113 66, 128 Abu Ghraib medical care and, 100 Ethics Manual of, 36 court-martials in, 10–11, 94, 120 American Correctional Health Services food issues and, 105, 107 Association, 133 homicide and, 85, 88, 91–95 American Medical Association (AMA), Inspector General, report of, 103, 113, 66, 128–29, 132, 133, 156 114, 118, 134, 158 Mile_140006578X_3p_bm_r3.r.qxp 6/15/06 9:41 AM Page 223 INDEX | 223 Intelligence, U.S., 49 Bagram prison, xvii, 51, 68–71, 91, 131, 150 Interrogation Field Manual, 15 intravenous fluids used at, 110 investigations by, xi, xii, 7, 9, 62, 71, sanitation at, 112 73, 80, 81, 84, 90, 94, 100, 112, 113, silence about, 134–35 120, 122–23, 129, 134, 136 Baker, Sean, 124 lack of definition of abuse in, Banks, Morgan, 130–31 136 barbiturate “truth serum,” 7 neglect issues and, 100, 102, 105, 107, Bashir, Sheik Mohammed, 22 111–12, 113, 115, 117, 118 Basim, Hussain Mohammed, 102–3 Nurse Corps, 133 Basra, xvii, 71, 86, 92–94 Physical Evaluation Board, 124 beards, shaving of, 55 Red Cross summary for, 127 Beaver, Diane, 148 Regulation 190–8, 98, 113 Beccaria, Cesare, 26 sanitation systems and, 111–12 Behavioral Science Consultation Special Operations Command of, Teams (BSCTs; biscuits), 53–57, 130–31 60, 66, 97, 132, 150, 151, 158 Surgeon General, report of, 45, 51, 80, at Abu Ghraib, 54, 56–57, 97 82, 105, 158 in Guantánamo, 54, 56, 150 tuberculosis and, 102 behavioral scientists, 7, 28, 54, 57, 64, on silence about abuse, 134–36 65, 66 see also Kiley, Kevin beheadings, in Iraq, 162 Arrigo, Jean Maria, 131 Belgium, 39, 157 Arrison, Joseph, 107 Berg, Eric, 79 art, artists, 19 Biko, Steve, 38–39 Renaissance, 19–20 bin Laden, Osama, 163 responses to Abu Ghraib by, 21 biological warfare, 31, 33 Asadabad, xvii, 71, 91 Blackstone, William, 26 Asclepius, 168 Blay, Petty Officer, 121 Ashcroft, John, 146 Bokroas, Roger, 15 atrocity-producing situations, Boltz, Colonel, 46 160–61 Bosnia, 152 Aung San Suu Kyi, 166 Botero, Fernando, 21 Ausch, David, 97 Boykin, William (Jerry), 151 Auschwitz, 29 brain damage, 74, 105, 108, 109, 110 autopsies, xi, 109 British Medical Association, 67, 128, homicide and, x, 45, 69, 73–74, 80, 81, 138 84, 85, 87–90, 91–96, 137 British Medical Foundation for the Care Ayers, Karyn, 51 of Victims of Torture, 128 British Medical Journal, 129 Baccus, Rick, 54 Brothers Karamazov, The (Dostoevsky), Baghdad, xvii, 137 12 secret prison near, 123 Brownlee, R. L. (Les), 99 see also Abu Ghraib, Abu Ghraib Bruyère, Jean de la, 26 scandal; Camp Cropper; Camp BSCTs, see Behavioral Science Consul- Jenny Pozzi tation Teams Mile_140006578X_3p_bm_r3.r.qxp 6/15/06 9:41 AM Page 224 224 | INDEX Bureau of Prisons, U.S., 63 “Human Resource Exploitation Man- Burma, 166 ual” of, 14–15, 16, 18 Bush, George H. W., 133 interrogation centers of, ix Bush, George W., 16, 118, 133, 164 Jamadi and, 44, 45, 46 ACP letter to, 128 KUBARK interrogation manual of, 16 Boykin on God’s choice of, 151 Project MK-SEARCH of, 14 and creation of new prison medical Project MK-ULTRA of, 13–14 standards, 147–50 Chaheen, Sergeant, 88 Geneva Conventions and, 48, 68, Cheeks, Gary, 79 144–47, 154 Cheney, Dick, 16, 132, 161 McCain amendment and, 132 children, 20 preexisting prison standards voided Nazi torture of, 30–31 by, 144–47, 163 as prisoners, 81, 103 Bybee, Jay, 147 stealing of, 9 tuberculosis and, 81, 103, 116 Cairo, 16 Chile, 22, 28, 159, 160 Cambodia, 165 death certificates in, 29, 39 Cambone, Stephen, 150–51 medical societies in, 38, 39, 167 Camp Anaconda, 54 Pinochet in, 30, 38, 152, 165 Camp Bucca, 10–11, 112, 113 Chilean Medical Association, 38, 39 food distribution at, 107 China, 14, 15 homicide at, 71, 72, 80 human rights issues in, 155–56 Red Cross at, 127 Christian Peacemaker Team, 82–83 tuberculosis and, 102, 103 Church, Albert, 64–65, 158 Camp Cropper, xvii, 79–80, 127 homicide and, 45, 71, 87, 91, 95 tuberculosis at, 81, 102–3 neglect issues and, 117, 118 Camp Jenny Pozzi, xvii, 43–44 Civil War, U.S., prison scandal in, Camp Mercury, xvii, 123 117–18 Camp Na’ma, 55 Clinic of Hope of Paraguay, 39 Camp Salerno, 79 Clinton, Bill, 128 Camp Whitehorse, xvii, 71, 92–93, 122 Coetzee, J. M., 6 capital punishment, 27, 28 Cold War, 14 Caruso, James, 79, 95 Collwell, Guy, 21 Cathcart, William, 3 Commentaries on the Laws of England Cavallaro, Anthony, 121–22 (Blackstone), 26 CBS, 60 Minutes, 21, 45 communism, 22 Celsus, 30 concentration camps, 29, 30–31, 33 censorship, 20, 81 Condon, Richard, 14 Central Intelligence Agency (CIA), xi, Conference for the Abolition of Torture 13–16, 31, 143, 157 (1973), 34 “Counterintelligence Interrogation Congress, U.S., 14, 132 Manual” of, 14 Constitutio Criminalis Carolina, 25 ghost prisoners and, 44, 49, 80 Convention Against Torture and Other homicide and, 80, 88, 90, 91, 95 Cruel, Inhuman or Degrading Mile_140006578X_3p_bm_r3.r.qxp 6/15/06 9:41 AM Page 225 INDEX | 225 Treatment or Punishment, United press conference of (May 21, 2004), Nations (UN), 5, 130, 147, 157 75–76, 79 Council of Europe, 157 Red Cross mistreatment list and, 127 “Counterintelligence Interrogation response to criticism of interrogations Manual” (CIA), 14 by, 62–65 court-martials, 10–11, 94, 120 response to homicide by, 84–87 Crimes of War Project, 81 response to neglect by, 114 Cuba, 159, 160 response to silence by, 134–37 map of, xvii suicide attempts hidden by, 105 see also Guantánamo Bay voiding of preexisting prison stan- dards and, 143–47 Dababa, Dilar, 93 degradation, xiv Darby, Joseph, 166–67 sexual, 8, 38, 74, 81, 83 Davis, Javal, 59 dehumanization, 160–63, 166 death: dehydration, 82 true cause of, 153 denial, 22–23 see also homicides depression, 115, 138 death certificates: detainees, avoidance of use of term, deficiencies in, 76, 77 xiii–xiv delayed release of, x, 76, 78, 79, 81, Dickson, Thomas, 100 85–89 “Dietary Manip (monitored by med),” falsification
Load more

Recommended publications
  • Rhyming Dictionary
    Merriam-Webster's Rhyming Dictionary Merriam-Webster, Incorporated Springfield, Massachusetts A GENUINE MERRIAM-WEBSTER The name Webster alone is no guarantee of excellence. It is used by a number of publishers and may serve mainly to mislead an unwary buyer. Merriam-Webster™ is the name you should look for when you consider the purchase of dictionaries or other fine reference books. It carries the reputation of a company that has been publishing since 1831 and is your assurance of quality and authority. Copyright © 2002 by Merriam-Webster, Incorporated Library of Congress Cataloging-in-Publication Data Merriam-Webster's rhyming dictionary, p. cm. ISBN 0-87779-632-7 1. English language-Rhyme-Dictionaries. I. Title: Rhyming dictionary. II. Merriam-Webster, Inc. PE1519 .M47 2002 423'.l-dc21 2001052192 All rights reserved. No part of this book covered by the copyrights hereon may be reproduced or copied in any form or by any means—graphic, electronic, or mechanical, including photocopying, taping, or information storage and retrieval systems—without written permission of the publisher. Printed and bound in the United States of America 234RRD/H05040302 Explanatory Notes MERRIAM-WEBSTER's RHYMING DICTIONARY is a listing of words grouped according to the way they rhyme. The words are drawn from Merriam- Webster's Collegiate Dictionary. Though many uncommon words can be found here, many highly technical or obscure words have been omitted, as have words whose only meanings are vulgar or offensive. Rhyming sound Words in this book are gathered into entries on the basis of their rhyming sound. The rhyming sound is the last part of the word, from the vowel sound in the last stressed syllable to the end of the word.
    [Show full text]
  • The Tortured Patient a Medical Dilemma
    The Tortured Patient A Medical Dilemma by CHIARA LEPORA AND JOSEPH MILLuM Doctors sometimes find themselves presented with a grim choice: abandon a patient or be complicit in torture. Since complicity is a matter of degree and other moral factors may have great weight, sometimes being complicit is the right thing to do. ortures i unethical and usually counter- The medical professionals described in this ex- productive. It is prohibited by international tract might not have actually engaged in torture. But Tand national laws. Yet it persists: according by providing medical attention to prisoners subject- to Amnesty International, torture is widespread in ed to practices that the Inspector General defined more than a third of countries.1 Physicians and other as “un-authorized and inappropriate”4 and that most medical professionals are frequently asked to assist commentators consider torture,5 some were surely with torture. For example, a recently declassified re- complicit in it. port from the Central Intelligence Agency on inter- Medical complicity in torture, like other forms of rogation at Guantanamo Bay states: “OMS [Office involvement, is prohibited both by international law of Medical Services] provided comprehensive medi- and by codes of professional ethics. However, when cal attention to detainees . where Enhanced Inter- the victims of torture are also patients in need of rogation Techniques were employed with high value treatment, doctors can find themselves torn. To ac- detainees.”2 cede to the requests of the torturers may entail assist- Such “high value detainees” were exposed to ing or condoning terrible acts. But to refuse care to death threats with handguns and power drills, wa- someone in medical need may seem like abandoning terboarded more than 180 consecutive times, and a patient and thereby fail to exhibit the beneficence subjected to lifting “off the floor by arms, while arms expected of physicians.
    [Show full text]
  • Middle East Brief 94 (Brandeis University, 16 Ayşe Buğra and Çağlar Keyder, “The Turkish Welfare Crown Center for Middle East Studies, July 2015)
    Crown Family Director Professor of the Practice in Politics Gary Samore Director for Research Charles (Corky) Goodman Professor Proactive Policing, Crime Prevention, and of Middle East History Naghmeh Sohrabi State Surveillance in Turkey Associate Director Kristina Cherniahivsky Hayal Akarsu Associate Director for Research David Siddhartha Patel n early 2000, two years before the governing Justice and Development Party (AKP according to its Turkish Myra and Robert Kraft Professor I of Arab Politics acronym) was elected to power, the Human Rights Inquiry Eva Bellin Commission of the Turkish Grand National Assembly raided Founding Director Professor of Politics police stations in Istanbul to uncover possible human rights Shai Feldman violations. This occurred just after the European Union (EU) Henry J. Leir Professor of the recognized Turkey’s status as a candidate for membership Economics of the Middle East Nader Habibi in December 1999. The Commission found “torture objects,” Renée and Lester Crown Professor such as beams used for so-called “Palestinian hangings” (also of Modern Middle East Studies known as strappado)1 in most of the police stations they visited Pascal Menoret and conducted follow-up visits to some stations a few months Founding Senior Fellows Abdel Monem Said Aly later and interviewed detainees. One was a drug dealer who Khalil Shikaki had been in that particular station several times and had been Sabbatical Fellows tortured each time except this last one; the station personnel Orkideh Behrouzan Gkçe Gnel were probably on their guard after the Commission’s first Harold Grinspoon Junior Research Fellow visit. “Do you know the reason for this change?” asked the Maryam Alemzadeh president of the Commission, Sema Pişkinst (then a member Neubauer Junior Research Fellow of parliament from the Democratic Left Party), who drafted Yazan Doughan the report of these visits.
    [Show full text]
  • Interpretation of Torture in the Light of the Practice and Jurisprudence of International Bodies
    INTERPRETATION OF TORTURE IN THE LIGHT OF THE PRACTICE AND JURISPRUDENCE OF INTERNATIONAL BODIES 1/30 The UNVFVT has been established by the General Assembly of the United Nations (Resolution 36/151 of 16 December 1981), with a Board of Trustees to provide advice to the Secretary-General on the administration of the Fund. The Assembly “recognized the need to provide assistance to the victims of torture in a purely humanitarian spirit” and the mandate of the Fund is to distribute “contributions through the established channels of assistance, as humanitarian, legal and financial aid to individuals whose human rights have been severely violated as a result of torture”. Therefore, it is among the responsibilities of the Board of Trustees, in order to decide to fund a project or not, to assess whether the cases of human rights violations presented by the organisations may amount to torture in the light of the practice and jurisprudence of international bodies. In doing so, the Board only determines whether the assistance can be provided to the victims with the financial support of the Fund or not. I. Torture under International Law Many acts, conducts or events may be viewed as torture in certain circumstances, while they will not be viewed as torture in some other situations. In fact, there is no single definition existing under international law but most international dispositions and bodies tend to agree on four constitutive elements of torture, as further explained in the first part of this paper “Elements of definition”. It should be recalled that usually in legal dispositions, torture is linked with cruel, inhuman and degrading treatment or punishment or ill-treatment.
    [Show full text]
  • The Development and Drafting of the United Nations Convention Against Torture and Other Cruel Inhuman Or Degrading Treatment Or Punishment, 17 B.C
    Boston College International and Comparative Law Review Volume 17 | Issue 2 Article 3 8-1-1994 The evelopmeD nt and Drafting of the United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Matthew Lippman Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Criminal Law Commons, and the International Law Commons Recommended Citation Matthew Lippman, The Development and Drafting of the United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, 17 B.C. Int'l & Comp. L. Rev. 275 (1994), http://lawdigitalcommons.bc.edu/iclr/vol17/iss2/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. The Development and Drafting of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishmentt Matthew Lippman* INTRODUCTION This Article traces the development and drafting of the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrad­ ing Treatment or Punishment.1 Part I gives an overview of the devel­ opment of torture in the ancient world and Europe. Part II of the Article recounts the use of torture in the first-half of the twentieth century and outlines the international efforts to control torture. Part III describes and analyzes the 1984 United Nations Convention Against Torture.
    [Show full text]
  • Open Society Justice Initiative | Globalizing Torture
    GLOBALIZING TORTURE CIA SECRET DETENTION AND EXTRAORDINARY RENDITION ENDNOTES GLOBALIZING TORTURE CIA SECRET DETENTION AND EXTRAORDINARY RENDITION 2 Copyright © 2013 Open Society Foundations. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ISBN: 978-1-936133-75-8 PUBLISHED BY: Open Society Foundations 400 West 59th Street New York, New York 10019 USA www.opensocietyfoundations.org FOR MORE INFORMATION CONTACT: Amrit Singh Senior Legal Officer National Security and Counterterrorism [email protected] DESIGN AND LAYOUT BY: Ahlgrim Design Group PRINTED BY: GHP Media, Inc. PHOTOGRAPHY: Cover photo © Ron Haviv/VII 3 CONTENTS ACKNOWLEDGMENTS AND METHODOLOGY 4 EXECUTIVE SUMMARY 5 RECOMMENDATIONS 9 SECTION I: INTRODUCTION 11 SECTION II: THE EVOLUTION OF CIA SECRET DETENTION AND 13 EXTRAORDINARY RENDITION OPERATIONS Extraordinary Rendition 13 Secret Detention and “Enhanced Interrogation Techniques” 15 Current Policies and Practices 19 SECTION III: INTERNATIONAL LEGAL STANDARDS APPLICABLE TO 22 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION Torture and Cruel, Inhuman, and Degrading Treatment 23 Transfer to Torture or Cruel, Inhuman, or Degrading Treatment 25 Arbitrary Detention and Enforced Disappearance 26 Participation in Secret Detention and Extraordinary Rendition Operations 27 SECTION IV: DETAINEES SUBJECTED TO POST-SEPTEMBER 11, 2001, 29 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION SECTION V: FOREIGN GOVERNMENT PARTICIPATION IN 61 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION SECTION VI: CONCLUSION 119 ENDNOTES 120 4 ACKNOWLEDGMENTS This report was written by Amrit Singh, Senior Legal Officer for the Open Society Justice Initiative’s National Security and Counterterrorism program, and edited by David Berry.
    [Show full text]
  • HISTORICAL DICTIONARY Witchcraft
    Bailey History • Religion • Demonology & Satanism Historical Dictionaries of Religions, Philosophies, and Movements, No. 47 A great deal has been written about the history of witchcraft, but much of what has been written is unreliable, exaggerated, or inaccurate. This problem Historical Dictionary Historical Historical is especially acute in regard to modern witchcraft, or Wicca, and its supposed connections to historical witchcraft in medieval and early modern Europe. The Historical Dictionary of Witchcraft is a reliable reference for both academics and general readers interested in the actual historical development of witchcraft in the Western world. Dictionary The focus of the dictionary is on Western Europe during the late medieval and early modern periods, when the specific idea of diabolical witchcraft devel- oped and the so-called great witch-hunts occurred. Also provided are entries on magic and witchcraft in the early Christian period, as well as the lingering of belief in witchcraft in the modern world and the development of the modern, neopagan religion of witchcraft, also known as Wicca. For comparative purposes, some entries deal with aspects and systems of Witchcraft magic found in other parts of the world, such as Africa, as well as the New- World practices of Voodoo and Santeria. Important people in the history of witchcraft are examined, from the medieval inquisitors and magistrates who developed the stereotype of the historical witch to the modern developers of Wicca. Also included are legal terms and concepts important to the prosecution of witchcraft, religious and theological concepts, and more popular beliefs and aspects of common folklore and mythology. Geographic entries are also incorpo- rated, discussing the scope of witch-hunting and describing specific examples of of major witch-hunts, such as those that occurred in Salem, Massachusetts.
    [Show full text]
  • Torture and Respect Jacob Bronsther
    Journal of Criminal Law and Criminology Volume 109 Article 1 Issue 3 Summer Summer 2019 Torture and Respect Jacob Bronsther Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons Recommended Citation Jacob Bronsther, Torture and Respect, 109 J. Crim. L. & Criminology 423 (2019). https://scholarlycommons.law.northwestern.edu/jclc/vol109/iss3/1 This Criminal Law is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. 0091-4169/19/10903-0423 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 109, No. 3 Copyright © 2019 by Jacob Bronsther Printed in U.S.A. CRIMINAL LAW TORTURE AND RESPECT JACOB BRONSTHER* There are two well-worn arguments against a severe punishment like long-term incarceration: it is disproportionate /o /"e o##ender’s Frongdoing and an inefficient use of state resources. This Article considers a third response, one which penal reformers and theorists have radically neglected, even though it is recognized in the law: the punishment is degrading. In considering penal degradation, this Article examines what judges and scholars have deemed the exemplar of degrading treatment—torture. What is torture, and why is it wrong to torture people? If we can answer this question, this Article maintains, then we can understand when and why certain punishments—like perhaps long-term incarceration—are impermissibly degrading, regardless of their proportionality or social utility otherwise. This Article develops an original theory of torture.
    [Show full text]
  • The Annihilation of Memory and Silent Suffering: Inhibiting Outrage at the Injustice of Torture in the War on Terror in Australia
    University of Wollongong Research Online University of Wollongong Thesis Collection 1954-2016 University of Wollongong Thesis Collections 2016 The annihilation of memory and silent suffering: inhibiting outrage at the injustice of torture in the War on Terror in Australia Aloysia Brooks University of Wollongong, [email protected] Follow this and additional works at: https://ro.uow.edu.au/theses University of Wollongong Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part of this work may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of the author. Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. Unless otherwise indicated, the views expressed in this thesis are those of the author and do not necessarily represent the views of the University of Wollongong. Recommended Citation Brooks, Aloysia, The annihilation of memory and silent suffering: inhibiting outrage at the injustice of torture in the War on Terror in Australia, Doctor of Philosophy thesis, School of Humanities and Social Enquiry, University of Wollongong, 2016.
    [Show full text]
  • Icongraphy of Torture: Going Beyond the Tortuous Torture Debate
    Denver Journal of International Law & Policy Volume 43 Number 1 Article 4 April 2020 Icongraphy of Torture: Going beyond the Tortuous Torture Debate Thomas W. Simon Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Thomas W. Simon, Icongraphy of Torture: Going beyond the Tortuous Torture Debate, 43 Denv. J. Int'l L. & Pol'y 45 (2014). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. ICONGRAPHY OF TORTURE: GOING BEYOND THE TORTUOUS TORTURE DEBATE DR. THOMAS W. SIMON* Do you understand the process? The harrow begins to write; when it has finished writing the first draft on the man's back, the cotton layer rolls and slowly heaves the body to one side in order to make more room for the harrow. In the meantime the places where the wounds have been inscribed settle against the cotton, which, because of its special preparation, immediately stops the bleeding and clears the way for the script to sink in more deeply. Here, as the body continues to turn, the serrated edge of the harrow tears the cotton from the wounds, flings it into the pit, and the harrow gets back to work. And so it goes on writing, more and more deeply, for twelve hours. During the first six hours the condemned man lives almost as he did before, except that he is in pain.
    [Show full text]