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.
