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The legalization of torture presents a deeply controversial issue, particularly when viewed through the lens of human rights and the stance of countries lacking counter-torture policies. The death penalty is one of the extreme forms of legal torture in the world.
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including punishment, extracting a confession, interrogation for information, or intimidating third parties.1
The UN Convention Against Torture states that “No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.”2
“People are tortured for different reasons, Torture is used by oppressive governments and armed groups to silence, humiliate and persecute. It is illegal and never justified but more common than you might think. And it can happen to anyone 3, they may be political activists and engaged in lawful and peaceful activities. They may be targeted because of their ethnicity, race, community, gender, sexual orientation or other characteristics, or for personal reasons, or even at random. People of all ages are tortured, and we help them overcome it - from children and young people to the elderly.
“Torture takes place in many settings”4, place most commonly in police stations, military and security establishments, during and after conflicts, and in areas where institutions, including the rule of law, are fragile or nonexistent.
No matter where or why torture occurs it is always wrong. It is illegal and it tries to destroy lives. It is never justified.
Importance and Implications of Legalization of Torture
Violation of Fundamental Human Rights Torture is unequivocally prohibited under international human rights law, particularly through the United Nations.
Convention Against Torture (UNCAT), which many countries have ratified. Torture is considered a violation of core human rights, specifically the right to be free from cruel, inhuman, or degrading treatment. The legalization of torture would shatter this principle, enabling state-sanctioned violence that contradicts the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
Erosion of Human Dignity Legalizing torture fundamentally erodes the dignity of individuals, turning people into instruments for extracting information or punishment. Torture often has long-term psychological and physical impacts on victims and normalizing it within legal frameworks undermines the intrinsic value of human life. Such erosion paves the way for gross abuse of power by authorities.
Undermining Global Human Rights Efforts, The global human rights regime relies on shared values, one of which is the absolute prohibition of torture. Countries that legalize or tolerate torture erode the international consensus on human rights and undermine multilateral efforts to promote peace, security, and justice. This could weaken international coalitions that strive to hold perpetrators accountable and protect vulnerable populations.
The prohibition of torture is a fundamental principle of international law and applies to all countries, even those that have not specifically signed and ratified the United Nations Convention Against Torture.
Despite this, it is still happening in many countries and even in those that have signed and ratified the United Nations Convention Against Torture.
Countries signed the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and ratified the convention to uphold its assurance to end torture and inhuman punishments in line with international human rights standards. However, to date, many governments have failed to domesticate the law via new legislation or a legal amendment in the existing law to specifically define and criminalize torture in the country. This is not only a serious question mark on those governments’ pledge to end torture but is a huge hindrance in the protection of the human rights of the citizens as well.
A Few governments refuse to acknowledge their complicity in torture and fail to take responsibility for upholding human rights standards and holding states to account. This encourages a culture of impunity and allows torture to continue.
Some countries have limited or weak counter-torture policies. This absence signals a dangerous lack of commitment to human rights. In such countries, security forces, law enforcement, or other government actors may engage in torture without fear of reprisal or oversight, creating a culture of impunity.
Lack of Legal Safeguards: In some nations, anti-torture laws may be absent or poorly enforced. The failure to criminalize torture means victims have no recourse, and the perpetrators are rarely held accountable. In such environments, torture is often used to extract confessions, suppress dissent, or intimidate political opponents.
State of Emergency or National Security Arguments: Some governments argue that torture is necessary in extreme situations, such as during times of national security threats or war. However, these arguments are widely criticized for normalizing human rights abuses and providing a legal veneer for otherwise unlawful acts.
Impact on Democratic Governance: In countries without counter-torture policies, the state apparatus becomes unaccountable, leading to widespread corruption, oppression, and undermining the rule of law. This ultimately destabilizes governance, disrupts social order, and diminishes trust between citizens and the state.
Governments often justify torture in the context of national security, particularly in counterterrorism. However, studies and human rights organizations argue that torture is both ineffective and counterproductive. It produces unreliable information, exacerbates hostility, and delegitimizes government actions.6
Rather than legalizing torture, the global community encourages countries to strengthen human rights protections, implement robust oversight mechanisms, and promote transparency in law enforcement and military operations.
The legalization of torture presents severe human rights concerns, with particularly profound implications for vulnerable populations like refugees. Torture, even if legalized in limited cases, can have disastrous effects on global human rights frameworks, especially for those fleeing persecution. Here’s a deeper look at its implications.
1. Violation of Fundamental Human Rights
Torture violates basic human rights protected under international law, including the Universal Declaration of Human Rights (UDHR) and the United Nations Convention Against Torture (UNCAT). These treaties establish the absolute prohibition of torture, which is regarded as a non-derogable right, meaning that it cannot be justified under any circumstances, including war, political instability, or national security concerns.
Legalizing torture erodes this fundamental human right, weakening the legal and moral stance against cruelty and inhumane treatment. Such legalization encourages practices that dehumanize individuals and legitimize the abuse of power by state actors, erasing decades of progress in human rights advocacy.
2. Refugees and the Legalization of Torture
Refugees, who often flee their countries due to persecution, conflict, and oppression, are particularly vulnerable in contexts where torture is legalized or tolerated. For many refugees, torture in their home country may be the very reason they sought asylum elsewhere. Legalizing torture anywhere can have catastrophic effects on this vulnerable group, creating a global environment of fear and insecurity.
3. The Global Erosion of Human Rights
The legalization of torture in one country could have a ripple effect globally, undermining international human rights law and weakening efforts to promote justice and accountability. Countries that legalize torture risk breaking from the global human rights consensus, creating dangerous precedents that other states may follow. This erosion is particularly worrying for countries without strong counter-torture policies, where abuse and impunity are already rampant.
Lack of Accountability: In many countries without strict anti-torture policies, torture is often used as a tool of repression, and perpetrators are rarely held accountable. If
4. Refugees and Asylum Seekers in Countries Without Counter-Torture Policies
Many refugees seek asylum in countries where counter-torture laws are weak or non-existent. These countries often lack strong legal frameworks to protect individuals from state-sanctioned violence, including torture. This leaves refugees highly vulnerable in two ways:
5. Balancing Security and Human Rights
Governments that contemplate legalizing torture often justify it as a national security measure. The argument typically revolves around using torture to extract critical information from suspected terrorists or criminal offenders. However, such arguments undermine the global consensus that human rights, particularly the prohibition against torture, must be upheld at all times, even during emergencies or security threats.
Legalizing torture does not just harm the individuals who experience it. It also undermines the credibility of states, damages their international standing, and threatens global stability. Moreover, torture has been proven ineffective in many cases, often yielding unreliable information. Balancing security with the rights of individuals requires robust systems of law enforcement, intelligence, and judicial oversight, not legalized cruelty.
The legalization of torture would represent a grave setback for global human rights, particularly for vulnerable groups like refugees. It would not only violate fundamental human rights but also jeopardize the safety of those fleeing persecution. Countries lacking counter-torture policies already put refugees at risk, and the legalization of torture in any country could further destabilize international efforts to protect the rights and dignity of all people, regardless of their status or origin. Instead of considering torture as a policy tool, governments must commit to strengthening human rights protections and ensuring that no one, especially refugees, faces the terror of state-sanctioned violence.