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Tortures Vs Ethics Theories

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Autor:   •  July 6, 2018  •  Research Paper  •  1,518 Words (7 Pages)  •  44 Views

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Introduction

Torture is any procedure that inflicts pain on a person, regardless of the circumstances and goals, regardless of whether the punishment ends with this procedure or if a person is deprived of life. Such a type of punishment was often used by civil servants to obtain information from defendants. This is especially true of America. The purpose of this work is to determine whether torture can be justified, whether they violate the human rights and standards of morality in a free American society.

What is Torture

Before starting a study, it should be clarified what is torture? Torture is a deliberate infliction of severe physical pain or physical or moral suffering by causing beatings, torture or other violent acts in order to force the victim or other person to engage in acts contrary to their will, including obtaining from him or another person information or recognition, or in order to punish him or another person for acts committed by him or another person or in the commission of which he or another person is suspected and in order to intimidate or discriminate him or others. The use of torture has been known since ancient times as a means of punishment, intimidation and recognition. In particular, various torture was widely used in ancient Rome. In the Middle Ages, the widespread use of torture was associated with the search form of the criminal process. Torture was often used in the activities of the Inquisition. An example of such torture can be the simulation of drowning, when the water poured into the upper respiratory tract on the person's face, blocking the access of air. In the twentieth century, torture is again widely used in countries with totalitarian, dictatorial and other repressive regimes. However, their use was based, as a rule, not on the law, but on secret orders and instructions. Currently torture is prohibited by the constitutions and laws of virtually all states of the modern world. In some cases, the use of torture is recognized as an international crime.

Tortures vs Human Rights Violation

Do people continue to use torture in the modern world, in particular in America, and does it violate the principles of morality? The death penalty, racial discrimination, ill-treatment of prisoners, the prison, where prisoners are held without open trial and investigation (Bulman, 2016). This is an incomplete list of issues that interested the members of the UN Human Rights Council during the consideration of the periodic review report of the United States. This means that the practice of torture in the United States is still ongoing. Although there are genuinely cruel criminals in Guantanamo, but this does not mean that they should be tortured. Statistics show that more and more immigrants from Guantanamo Bay are again taking up arms after being released. Officials believe that this trend will continue, as at the initial stages of the liquidation of Guantanamo only the most trusted prisoners were released. Those who remain in jail until today present an even greater threat to security, because they are put to them very brutally and they become even more ferocious. The use of torture violates all the principles of free American society. all people are equal and can not deprive a person of life, even if he has committed a serious crime. But the president of America, Donald Trump, does not think so (Weaver & Ackerman, 2017). In the hands of American journalists got a document that may come from the new US administration to restore the US program of secret prisons abroad and the use of torture against prisoner terrorists. The draft document is canceled the decision of former President Barack Obama to end the program and the CIA, requires national security agencies to assess whether there is a need to restore interrogations of suspected terrorists. Trump emphasized that America's security is key to him. But he noted that the issue of torture would rely on the opinion of his team, first of all, Defense Secretary James Mattis and CIA Director Mike Pompeo. This practice can not be justified and will endanger the entire society, as it will violate all international human rights instruments.

The use of torture brutally violates international human rights. The Convention against Torture was signed more than 30 years ago. This Convention states that all people have freedom and equality and that torture can not be applied to them (OHCHR, 2017). Unlike most norms in the field of human rights protection, this prohibition does not know the indent under any circumstances, and its violation can not be justified. It is known that the legal status of a person is regulated, first of all, by the norms of the national legislation of the state in whose territory it resides. However, an important role in regulating human rights and freedoms is played by international legal acts. After all, the US Constitution states that existing international treaties are part of national legislation. Once considered the question of whether torture violates the basic principles of morality, people should immediately apply to international law. There are currently major conventions that confirm this fact. This is the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It was signed in 1984, and the United States joined it in 1988. It should be emphasized that similar rules on the prohibition of torture, with some peculiarities of their wording, are also enshrined in a number of other international legal instruments, such as Article 7 of the International Covenant on Civil and Political Rights, which provides that no one can be subjected to torture and Cruel, inhuman or degrading treatment or punishment, as well as in art. 5 of the Universal Declaration of Human Rights and the Declaration on the Protection of All Persons from Acts of Torture and Other Cruel, Inhuman or Degrading Treatment

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