The United
Nations in 1975 made a Declaration that it is our Human Right not to be
subjected to torture, but added, " or to punishment or treatment that is cruel, inhumane or degrading".
That addition,
helpful though it seems, made it possible for governments to admit they
inflicted inhumane and degrading punishment, but to escape being
internationally labelled torturers with whatever penalties, if any, that might bring.
The British government made use of this , admitting cruel treatment in Ireland but not torture. It reminded us of neighbours who, when faced in court with, say, five charges
are advised to plead guilty to
the smallest one - which he or she did
not do -
in the hope of avoiding a guilty verdict on the
larger ones , on which they would probably get a guilty verdict anyway.
In 1971 a British
government spokesperson said there was no torture unless the person who did it
took pleasure in doing it. This principle, which seem like something out of a
sexual morality pamphlet, enabled people like General Massu in France to say
that while he favoured torturing prisoners
in the Algerian war of the nineteen fifties he regretted having to do
it, so it was all right - apart from
that he offered little excuse for his
part in the military torturing of that war. He could hardly have pleaded, as present-day
governments do, that torture is all right
if it produces results. He and his colleagues succeeded in losing the war. As torturers tend to do.
In 1997, a group called Christians Against Torture
published a Report in which they
included Northern Ireland under the
heading of places where torture was done, even though the examples they quoted
were less severe than what was inflicted
on the 14 Irish men whose application for a verdict recognising they were
tortured has been refused for the second
time.
So on the one hand governments have an excuse the UN left open to them, on the other
is the clear human belief that torture, as Chambers Dictionary puts it ,
is " the infliction of severe pain or mental suffering , especially as a
punishment or as a means of persuading someone to give information". For
the millions of speakers of the English
language that is what torture is - like pushing a prisoner out of a
helicopter - only inches above the ground - knowing that this will
cause unspeakable mental anguish for a
prisoner who thinks he or she is about to be smashed to pieces for the family
to take care of, if found. For the United Nations torture is one thing, cruel,
inhumane, degrading treatment is another. But clearly "cruel, inhumane,
degrading treatment" can be , and is,
severe enough for even the European Court of Human Rights to call it
torture without offending their Grande Chambre up to which we are told the Irish Government should bring
the matter now.
Governments nowadays not
only excuse torture but can
publicly support its use in the future - if it produces "results".
Sean Mac Bride was right when he called the extension of official torture in
the world an epidemic - that was more
than half a century ago.
As one of the 14
said, the European Community has refused
an opportunity to oppose governmental
torture . To help stop the epidemic.
Brian Faulkner was
the leading politician in Ireland's northeast who insisted on internment
without trial in 1971. The war in Algeria, fought
in the nineteen fifties, had provided a pattern of what happens when the
military are given control over what would normally be police functions. The
military in Algeria took control of police barracks, seized police files many
of which were out of date, and acting upon these made many arrests and tortured
many of the people arrested . The pattern
in N. Ireland was inevitably similar. Either Mr Faulkner knew what the
consequences of his insistence on internment would be in a militarily
controlled situation - or he did not. If he knew, then his insistence on
internment was even more corrosive than we have ever admitted, insisting on a
measure whose consequences he knew must
be disastrous. Internment on
military terms did not mean just putting
people in jail without trial or even charge - it meant torture as well for many
of them. The Algerian experience was not ancient history, it was during Mr
Faulkner's time. If in that case he did not know the consequences of what he
insisted on, this must be incompetence or cynicism or both.
The United Nations can at times be too anxious to satisfy
some people's demands at
other people's expense.
In France significant
public discussion occurred - even among their military - about official French
government torture. In 1972 Jules Roy who had begun his career in the military
wrote a powerful condemnation of General Massu. Another French general,
Bollardiere, condemned their official torturing and engaged , to his cost, in public dispute with Massu about what their government was
responsible for.
There was no comparable dispute or public row in Ireland or
Britain. Governments successfully
diverted the argument, such as it was,
away from the suffering of real people being really tortured on to the demands
of "national security" and getting "results" and to the
false distinction between torture and cruel, inhumane and degrading treatment .
Which unfortunately
is much the same thing.