Torture

Definition of Torture

The everyday use of the term torture to describe violent physical misdeeds or the imposition of psychological duress is broader than the term's use in law. Torture in the legal context is often considered to be torment that is inflicted by a public authority for allegedly public purposes.

A nearly universally accepted definition of torture is found in the United Nations Convention. Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation dof or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

Torture in Legal History

In the ancient world, as the law evolved with the establishment of nations and city-states, rules were developed regarding the use of torture. Records from ancient Egypt confirm that torture was used on prisoners of war to discover the whereabouts of enemy troops, and that the physical punishment of slaves and servants was legally permitted. As formal legal trials conducted by representatives of the state became necessary for the conduct of public affairs, rules of evidence took form. Torture was commonly used as a means of obtaining evidence, particularly from those lacking power or status. In ancient Greece, for example, the orator Isaeus argued that torturing slaves was essential to ensuring that the truth was realized.

In Roman law as well, torture was an accepted tool, and guideines for its use by the state existed in various forms. For example, in early Roman law, freemen could legally be tortured only in cases of treason, although imperial orders gradually established other cases in which torture could be utilized. Slaves could be tortured if charged with a criminal offense or simply to elicit testimony when they were called upon as witnesses. At this stage in legal history, it was clear even to its proponents that the use of torture to elicit evidence was not always reliable. People realized that evidence obtained in this manner is weak, since many will, of course, lie to escape further torment. Despite the recognition of its shortcomings as an evidentiary tool, there was little condemnation of the practice on humanitarian grounds.

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