Pure
Fiel a Verdad
- Joined
- Dec 20, 2001
- Posts
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Your opinion about torture.
It is defined in a UN convention as the "infliction of severe pain or suffering," and there is a US federal law, US Code, Title 18, Chapter 113 C, which contains the following, similar, if narrower, definition. Some examples of my own are given near the end of this post.
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00002340---A000-.html
[US Code] § 2340. Definitions
As used in this chapter—
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death;
ADDED: Torture is defined in the UN convention, specifically as
Article 1
For the purposes of this Convention, torture means 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 of 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.
http://www.hrweb.org/legal/cat.html
==
What's your opinion, in moral terms, not just legal ones, on this ban, and in particular, what is your moral view based on?
ADDED 4-20. "Torture" as being discussed here is that occurring in or officially carried out in institutions of the State; local, regional and nationwide [including military] authorities detain suspects, captives, and prisoners, and it's these, along with convicted prisoners who are the subjects that 'torture' legislation and international conventions address.
Examples: Waterboarding [US, Cambodia]. Being stood chest deep in cold water for a few days [China]. Being stripped and having electrodes applied to the genitals [French in Algeria]. Being kept in a 'tiger cage' [cannot stand up or lie down] for several days in a hot climate [Viet Nam]. If a man, having one's wife or daughter raped in front of one [various]. Being violated anally or vaginally with batons, bottle, etc.
ADDED: 4-20. Individual instances of torture, recognized as crimes in the various criminal codes, are NOT object of this thread, e.g. measures some kidnappers and rapists have employed for sadistic ends. Various laws address such acts: battery, infliction of bodily harm, torture, mayhem and so on. "Abuse" e.g. of children, elders, e.g. extreme maltreatment, is also the subject of criminal and family law. None of these are the main topics of the thread.
ADDED: most bdsm measures do not fit the above descriptions. but in any case, torture, as discussed here, is almost by definition, NON-consensual and applies to someone arrested and or held against his or her will, {deleted->} [[and often without 'due process' , e.g. being brought before a judge]]. hence, bdsm 'torture' does not fit the specs.
It is defined in a UN convention as the "infliction of severe pain or suffering," and there is a US federal law, US Code, Title 18, Chapter 113 C, which contains the following, similar, if narrower, definition. Some examples of my own are given near the end of this post.
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00002340---A000-.html
[US Code] § 2340. Definitions
As used in this chapter—
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death;
ADDED: Torture is defined in the UN convention, specifically as
Article 1
For the purposes of this Convention, torture means 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 of 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.
http://www.hrweb.org/legal/cat.html
==
What's your opinion, in moral terms, not just legal ones, on this ban, and in particular, what is your moral view based on?
ADDED 4-20. "Torture" as being discussed here is that occurring in or officially carried out in institutions of the State; local, regional and nationwide [including military] authorities detain suspects, captives, and prisoners, and it's these, along with convicted prisoners who are the subjects that 'torture' legislation and international conventions address.
Examples: Waterboarding [US, Cambodia]. Being stood chest deep in cold water for a few days [China]. Being stripped and having electrodes applied to the genitals [French in Algeria]. Being kept in a 'tiger cage' [cannot stand up or lie down] for several days in a hot climate [Viet Nam]. If a man, having one's wife or daughter raped in front of one [various]. Being violated anally or vaginally with batons, bottle, etc.
ADDED: 4-20. Individual instances of torture, recognized as crimes in the various criminal codes, are NOT object of this thread, e.g. measures some kidnappers and rapists have employed for sadistic ends. Various laws address such acts: battery, infliction of bodily harm, torture, mayhem and so on. "Abuse" e.g. of children, elders, e.g. extreme maltreatment, is also the subject of criminal and family law. None of these are the main topics of the thread.
ADDED: most bdsm measures do not fit the above descriptions. but in any case, torture, as discussed here, is almost by definition, NON-consensual and applies to someone arrested and or held against his or her will, {deleted->} [[and often without 'due process' , e.g. being brought before a judge]]. hence, bdsm 'torture' does not fit the specs.
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