Stress and duress
Encyclopedia
Stress and duress is a term which has been used by the United States
to describe interrogation
techniques authorised for use by United States Armed Forces upon detainees who are determined to be a threat the United States. These techniques are claimed to cause "inhuman and degrading treatment" but which the Bush administration claims do not cause "suffering of the particular intensity and cruelty implied by the word torture
".
(GCIII) until and unless "their status has been determined by a competent tribunal(GCIII Art 5) to be that of a non-combatant or an unlawful combatant
, in which case they are covered by Fourth Geneva Convention
(GCIV) unless they are "Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are."(GCIV Art 4. paragraph 2). But even if they are covered by GCIV the US can waver a detainee's GCIV rights by invoking GCIV Article 5. "is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State." But "... such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be." (GCIV Art5)
The status of prisoners held in Iraq may vary depending on whether they are held in an internal or an international conflict.
, this ruling is a useful indicator of international judicial views on the "stress and duress" methods authorised for use by the US administration.
In 1978 in the European Court of Human Rights
(ECHR) trial "Ireland v. the United Kingdom" the judges court published the following in their judgement:
The Court ruled that neither these five techniques
nor the beating of prisoners met the European definition of torture under the European Convention on Human Rights
. The Court found that these were a lesser offense within the Article 3 (art. 3), the practice of "inhuman and degrading treatment".
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
to describe interrogation
Interrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
techniques authorised for use by United States Armed Forces upon detainees who are determined to be a threat the United States. These techniques are claimed to cause "inhuman and degrading treatment" but which the Bush administration claims do not cause "suffering of the particular intensity and cruelty implied by the word torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
".
Status of prisoners under the Geneva Conventions
Prisoners of War are covered by the Third Geneva ConventionThird Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
(GCIII) until and unless "their status has been determined by a competent tribunal(GCIII Art 5) to be that of a non-combatant or an unlawful combatant
Unlawful combatant
An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...
, in which case they are covered by Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
(GCIV) unless they are "Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are."(GCIV Art 4. paragraph 2). But even if they are covered by GCIV the US can waver a detainee's GCIV rights by invoking GCIV Article 5. "is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State." But "... such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be." (GCIV Art5)
The status of prisoners held in Iraq may vary depending on whether they are held in an internal or an international conflict.
International European ruling on sensory deprivation
Although not binding upon non-participating member states of the Council of EuropeCouncil of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, this ruling is a useful indicator of international judicial views on the "stress and duress" methods authorised for use by the US administration.
In 1978 in the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
(ECHR) trial "Ireland v. the United Kingdom" the judges court published the following in their judgement:
- These methods, sometimes termed "disorientation" or "sensory deprivationSensory deprivationSensory deprivation or perceptual isolation is the deliberate reduction or removal of stimuli from one or more of the senses. Simple devices such as blindfolds or hoods and earmuffs can cut off sight and hearing respectively, while more complex devices can also cut off the sense of smell, touch,...
" techniques, were not used in any cases other than the fourteen so indicated above. It emerges from the Commission's establishment of the facts that the techniques consisted of ...wall-standing; hooding; subjection to noise; deprivation of sleep; deprivation of food and drink.
The Court ruled that neither these five techniques
Five techniques
The term five techniques refers to certain interrogation practices adopted by the Northern Ireland and British governments during Operation Demetrius in the early 1970s...
nor the beating of prisoners met the European definition of torture under the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. The Court found that these were a lesser offense within the Article 3 (art. 3), the practice of "inhuman and degrading treatment".
See also
- Command responsibilityCommand responsibilityCommand responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
- Enhanced interrogation techniquesEnhanced interrogation techniquesEnhanced interrogation techniques or alternative set of procedures are terms adopted by the George W. Bush administration in the United States to describe certain severe interrogation methods, often described as torture...
- UN Convention Against Torture
External links
- http://waybackmachine.org/*/http://www.phrusa.org/past_news/iraq051004_stressandduress.html Human Rights Groups Respond to the Torture of Iraqi Detainees
- http://web.archive.org/web/20071211220442/http://web.amnesty.org/library/index/engamr511282003
- http://web.archive.org/web/20071020014632/http://web.amnesty.org/library/Index/ENGAMR510872004?open&of=ENG-USA