The Asian Federation Against Involuntary Disappearances (AFAD) calls on all States to STOP the practice of TORTURE and punish the perpetrators as it supports the commemoration of the United Nations’ International Day in Support of Victims of Torture Held every 26th of June, this day is dedicated to create awareness and seek support to stop the practice of torture, considered by the UN as one of the vilest acts perpetrated by human beings to fellow human beings. The systematic and widespread use of torture is a crime against humanity. The International Day for Torture Survivors coincides with the entry into force 26 years ago today, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It has been ratified by 153 countries as of June 25, 2013. Yet, its practice is still widespread.
Torture comes from the Latin word torquere meaning to twist in order to inflict severe pain or suffering. It has been used in ancient times to punish people who committed crimes against the powerful.[i] The UN Convention defines it 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 s/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.”
Torture has been used as an investigative tool by the police, military and other State agents. It is used against criminal suspects and political dissidents. According to a report from Amnesty International, torture and ill-treatment are prevalent in Asia and democratic as well as repressive States use it. Those at risk are the marginalized groups in society: those who face discrimination, petty criminals, drug users and street children. [ii] The perpetrators are not punished.
There is a clear link between enforced disappearances and torture. If the practice of torture is prevalent in Asia, the region too, has the largest cases of enforced disappearances. When a person is disappeared, s/he is deprived of her/his liberty and State authorities refuse to acknowledge the disappearance and conceal her/his fate and whereabouts. The disappeared person is beyond the protection of the law and thus her/his perpetrators can do anything against him/her. Survivors of enforced disappearance report their grueling experiences of torture in the hands of their captors.
Most of the disappeared whose dead bodies were later found bore torture marks. Beating, electric shocks, hanging by the arms, sleep and food deprivations are some forms of torture. For those victims of enforced disappearance who have surfaced alive, they have lived to tell their stories of torture so that information may be extracted from them. Women victims of torture and enforced disappearance experienced sexual assaults, including rape, considered as an extreme form of torture. Torture continues with impunity because even governments that ratified the Convention against Torture fail to implement its provisions. For non-States parties to the Convention, torture is all the more prevalent. This situation is exacerbated by the lack of awareness and training of concerned government agencies, lack of judicial independence and shortcomings in the criminal justice system.
In a civilized world, there should be no place for torture. Therefore, it has to STOP. What can the public do to help stop the practice of torture and enforced disappearance?
Everyone must be aware of his/her right to be free from torture. Those who are aware of this information need to share it with family and friends. Cases of torture must be immediately reported to concerned agencies and the media to put pressure on governments concerned to apprehend and prosecute the violators. Programs to address the psycho-emotional impact of torture and the economic dislocation it causes on the victims must be put in place by governments concerned. Citizens of governments in countries that have not ratified or at least signed the Convention Against Torture need to lobby and persuade their governments to do so.
“The world community has to make a decision to end torture.” [iii] There is need to train, empower and connect with human rights defenders worldwide. Early access to counsel must be provided to victims of torture and there must be commitment to stand up and support the call to stop torture!
While it links arms with all victims and survivors of torture of the world, AFAD calls on Asian governments to also ratify the International Convention for the Protection of All Persons from Enforced Disappearance. Lastly, AFAD calls on Asian peoples to link up arms with its counterparts in other regions of the world to stop and end the practice of torture and enforced disappearance as our meaningful tribute to victims of torture and enforced disappearances.
Signed by:
MUGIYANTO
Chairperson
MARY AILEEN D. BACALSO
Secretary-General
-------------------------------
[i] Medical Action Group, (2005), Manual on the Recognition, Documentation and Reporting of Torture, p.4
[ii] Ibid, p.5
[iii] Karen Tse, How to Stop Torture, accessed from http://www.ted.com/talks/karen_tse_how_to_stop_torture.html