Torture Abolition and Survivors Support Coalition International (TASSC)
 

 
TASSC's Definition
 
 
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TASSC's DEFINITION

As members of the Torture Abolition and Survivors Support Coalition International (TASSC), we have been asked repeatedly for assistance in formulating a current and comprehensive definition of politically motivated mental and physical torture, as well as cruel and degrading treatment.   In response, we are offering the following definitions.  We are aware, however, of the tendency of many governments to "re-interpret" the clear language of human rights law and treaties so as to evade international censure or legal consequences.  

For the same reasons, certain techniques are described in deceptive and sanitized language.  Our TASSC definitions are therefore accompanied by a description of certain modern day interrogation methods.

We wish to state, at the outset, that we consider any techniques, or combinations of techniques, intended to break the will of another human being, to be torture.   We reject any such treatment as barbaric.

Moreover, there is plenty of evidence that in the end, torture does not provide greater national security, but rather threatens it.  Violence indeed begets violence.  We therefore stand firm in our position that there can be zero tolerance for torture.

 DEFINITIONS

Physical Torture

Physical Torture is any action or technique, or combination that would result in severe physical pain when inflicted upon a human being.  Severe physical pain means a level of pain that a person would not voluntarily accept for himself or herself.  Physical torture includes but is not limited to the following:

  • Electric shock
  • Near asphyxiation
  • Rape or sexual abuse
  • Burning
  • Beatings
  • Stress positions
  • Dog attacks
Note:  According to this definition, for example, receiving an injection or other medical treatment not requiring pain killers, or being tackled in a game of football, would obviously not be torture.  On the other hand, a severe beating with a bat, or the infliction of electrical shocks would certainly constitute torture under this definition.

Mental Torture

Mental torture is any action or technique, or any combination thereof, which might result in severe mental trauma or harm when inflicted upon a human being.  This includes but is not limited to the following:

  • Death threat or threats of immediate and severe physical pain
  • Mock executions
  • Rape or sexual abuse
  • Extended disruption of food and sleep
  • Extended solitary confinement
  • Extended sensory deprivation
  • Extended sensory disruption or overload
  • Use of hallucinogenic or other mentally disruptive drugs
  • Threats against family members
  • Secret detention or "disappearances" of a loved one
  • Forced observance, by hearing or watching, of the mental and/or physical torture or murder of another
  • Forcible participation in the mental or physical torture of others

Severe mental trauma or harm means a level of fear or trauma that a person would not voluntarily accept for himself or herself, or which results in prolonged mental suffering afterwards.

Note:  There are countless ways to inflict mental trauma or harm.  Some methods may appear innocuous, but are in fact devastating.  Under this definition, an action that causes only a momentary "startle" effect, such as a person jumping from  behind a door and saying "boo" would not alone constitute mental torture.  It might, however, if done in connection with threats of serious physical harm or extended sleep deprivation.

Cruel and Degrading Treatment

Cruel and degrading treatment is any action or technique, or combination thereof, that would degrade or humiliate a human being, or result in personal misery.  This category may include mental and physical abuse that would not quite amount to torture as defined above.

Note:  The original intent of the international community in formulating this category after World War II was to prevent a repetition of certain abuses that had occurred during and following the war.  It was intended, for example, to prevent a prisoner from being dragged through the streets in front of jeering, spitting mobs, or from shaving a woman's head in public punishment.  Today this category should include forcing a devout Muslim man to wear a woman's underpants on his head, or depriving a prisoner of bathing and toilet privileges.  Many of these actions, if repeated or prolonged, or combined with other actions could constitute mental or physical torture.

Evaluating Specific Techniques

Water-Boarding:  This technique is described by the CIA as immersing the prisoner in water until "he thinks he is going to drown."  The reality is far worse.  The person is held under water, or has water poured onto his or her face, until he or she, in fact, begins to drown and eventually loses consciousness.  In short, this is a slow motion and prolonged mock execution.  It is terrifying and physically painful in the extreme.  Clearly, it constitutes both mental and physical torture.

Short Shackling
:  This technique was reported by FBI agents based in Guantánamo.  It consists of shackling a prisoner's hands and feet to a bolt in the floor so that he or she is left in this painful position for long periods of time.  Such prisoners are denied food, water, and toilet privileges.  Blasting and irregular music and other sounds are played for long periods of time, and blinding strobe lights may be used.  Temperatures rise and fall.  The FBI agents found prisoners unconscious in a pool of their own filth.  One had pulled out his hair.  This is clearly mental and physical torture combined.  The United Nations long ago ruled that precisely this combination of techniques constituted torture in the case of a prisoner held in Israel.

Dog Attacks
:  This technique was documented in the notorious photographs from Abu Ghraib, but is not new.  The dog handler is called in, allows his ferocious dog to try to attack the prisoner.  In most cases the dog is pulled back at the last minute.  In some cases, the prisoner has been badly bitten.  This clearly constitutes mental torture and often physical torture as well.

Stress Positions:  This technique consists of holding a person in a very difficult position for an extended length of time.  It may be an immediately painful position, such as hanging the person by the arms or legs from a hook in the ceiling, or it may at first glance, seem innocuous, such as making the person stand still with the knees slightly bent, for hours on end.  The positions inflicting immediate and severe pain are physical torture.  So is the standing for hours.  Although many people are on their feet all day long, they are constantly moving.  Standing immobilized for extended periods of time causes the person's feet to swell enormously and there is great pain.  All of these techniques are physical torture.

"Taps":
 U.S. soldiers have been taught to give a powerful blow with their knees, or a "tap," to uncooperative prisoners.  Again, while this might appear to be a minor disciplinary measure, it is, in fact, physical torture.  Mr. Dilawar, (link) a young Afghan who was cleared of any wrongdoing, was given repeated "taps" to the leg that eventually resulted in his death.  The American forensic physician reported that his leg was "pulpified" and looked as if it had been hit by a bus.  This is physical torture.

Water Pit
:  The water pit technique consists of placing a prisoner in a pit of water so deep that he or she must hold onto overhead bars to keep from drowning.  This is clearly mental and physical torture. 

Sensory Deprivation
:  Many of the prisoners have had their eyes covered with goggles and have literally been swaddled in duct tape, blindfolded and/or placed in tiny, darkened empty cells for long periods of time.  Medical research has long established that intensive sensory deprivation is devastating to the human psyche and leaves long-term harmful effects.  Again, this is clearly mental torture.

Solitary Confinement
:  TASSC considers solitary confinement of more than three days to constitute mental torture.  Less than three days may constitute torture for many people, if combined with other techniques.

Disruption of Sleep and Meals
:  This always constitutes, at a minimum, cruel and degrading treatment.  Depending on the age and health of the prisoner, the duration of the disruption, and the other techniques being used in this combination, in most cases this will also constitute mental and/or physical torture.

Sexual Abuse and Humiliation:
  Rape, of course, will always constitute physical and mental torture.  Other sexual abuse, such as unwanted touching, forced nudity, and forced masturbation is always, at the very least, cruel and degrading.  Sexual abuse and humiliation fall within the definition of mental torture.

Disappearances and "Ghost Prisoners":  Holding any person prisoner in secret detention without access to families, lawyers or the International Red Cross (Link) constitutes mental torture both for the prisoners, their families and loved ones.  Under such conditions, other forms of mental and physical torture become almost inevitable.  Secrecy always results in the abuse of power.



   

EDUCATION AND ACCOUNTABILITY PROJECT