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During the last two decades there has been much interest on
the issue of 'Torture, Inhuman and Degrading Punishment'
due mostly to the efforts of the United Nations. The Convention
against Torture Inhuman and Degrading Punishment passed in the
UN, has been adopted by many countries. In some countries the
Courts have also taken cognizance of the new law and have at
times tried to impose the provisions of the new convention when
actual cases were heard.
By and large there seems to be a mentality in all sectors in
the administration of justice to take rather a tolerant attitude
regarding torture, inhuman and degrading punishment meted out by
the law-enforcing authorities on citizens, particularly the poor.
A tacit acceptance of torture as a means of criminal
investigations remains still rather prominent. This is not
withstanding the fact that many countries are signatories to the
International Convention on Civil and Political Rights (ICCPR)
and to the Convention Against Torture and Inhumane and Degrading
Punishment. Some countries have even promulgated their own laws
in keeping with the said Convention. However, these legal
provisions remain in the book. And in actual practice completely
different situations exist. The attention of the human rights
community in each country, the region and the international
community must specially be directed towards this issue.
The type of torture that is prevalent in several countries is
extremely gruesome and inhuman. The use of electric gadgets and
special devices for torture, brutal forms of assault and special
forms of torture for women are among the worst instances which is
so frequently reported to courts in these countries. Still,
despite various declarations, the attitudes adapted by the
judiciary and the human rights commissions do not show a great
resolve to bring such practices to an end.
Surprisingly, the community leaders including the religious
have taken very little interest in this discussion. There is
hardly any attempt on the part of the religious groups to promote
the understanding of the convention among their religious groups
and also to take part in the social discourse to make the
application of the convention widespread.
The question that we should ask in the face of this context
is, 'why is there such a reluctance on the part of the
Churches, the religious bodies that spouse non-violence and are
committed to the prevention of torture and violence to address
this issue?' 'Is it, that the efforts of the UN, the
various governments and the courts have gone unnoticed by the
community leaders?' 'Or is it that the community
leaders do not think that these legal provisions are made with a
serious intent and therefore they do not believe that these
provisions will be enforced?' 'Or is it that, the
community leaders think that the provisions against torture,
inhuman and degrading punishment cannot be enforced?. 'Or,
are there deeper, social and psychological problems associated
with the issue of torture? Can it be that it is too much of a
traumatic problem for religious groups to go into the issues of
torture, inhuman and degrading punishment? If this is the case,
what then are the reasons? Why is it so traumatic to go into
these issues?
Often, particularly in Asian Countries ethics are found to be
those rules which are taught by the authorities to discipline the
people. The system of ethics, which is imposed on governance
seems to have had much less application. Sometimes, references
are made to Asian traditions where the kings too had their duties
and were expected to rule righteously. The contemporary problem
is that for millenniums there had not been any such practice of
making the king or the ruling elite being subjected to any rules.
The question of absolute privilege is what we have when it comes
to the elite. Torture, inhuman and degrading punishment were acts
done by the elite to the ordinary people. The acts of violence of
ordinary people against each other are considered crimes. Acts of
violence by the authorities are generally considered the
legitimate exercise of authority.
The mental association of the exercise of authority with the
use of torture, inhuman and degrading punishment, may be a main
cause for creating a serious mental block in considering the
convention against torture, inhuman and degrading punishment .In
this conference we wish to examine very closely as to why the
community groups including the religious are reluctant to take an
active part in promoting the ideas of the convention against the
practice of torture, inhuman and degrading punishment. Individual
participants of the conference may examine their own attitudes
towards this practice. A frank examination by the participants
individually on why or whether they have been in the past taking
an active part in this campaign and if not why, could serve as a
very useful beginning. The question is, does torture, inhuman and
degrading punishment create an indignation in you? If it does,
then you could examine how that attitude grew. Was it due to the
witnessing of such acts and the realization of the utter
brutality and un-justifiability of such acts? On the other hand
can one also examine whether there was any such outrage when one
heard about such practices. Is it possible to examine why no such
outrage is felt?.
THE OBJECTIVE; Inviting the Religious groups to think about
the problem and getting the support of the community for the
reforms proposed by the concerned lawyers.
PROGRAM FOR THE SEMINAR
The major items are:
- Study of the Convention on Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment.
- Study of the country situations and cases,
- Find ways to popularize the conclusions of the seminar
e.g., through , through seminars, discussions, pastoral
letters,
IMMEDIATE PREPARATION:
- Read the Convention,
- Answer the questionnaire,
- Come prepared with experiences for reflection.
Posted on 2001-10-29
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