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Other Cruel, Inhuman or Degrading Treatment or Punishment

       XIII. United Nations Principles of Medical Ethics

       XIV. Statement on Nurses and Torture

       Index

      Preface to the Expanded Edition

      Torture was first published in Oxford and New York in 1985. It was translated into Spanish in 1987 and into Portuguese in 1989 (São Paolo) and again in 1994 (Lisbon). The book had the honor of being removed from the UK exhibit stand at the 1985 Moscow Book Fair. The German translation of 1991 added a very brief bibliographical supplement. The text of the original edition has been left intact with the exception of the correction of a few minor errors.

      Because the text has not been changed, several points made by earlier reviewers may be conveniently addressed here. The reviews were encouraging; that paragraphs contain no sour grapes. Two reviewers regretted that the book focused narrowly and specifically on torture without directly linking it to (and discussing) what one called, “all those other crimes against humanity perpetrated by modern regimes, from genocide to the political manipulation of mass starvation.” These are fair points, but the book could not have retained its focus if it had included them in any detail. Perhaps this book may help some other book do so at adequate length and breadth. Another reviewer expressed concern that the book did not describe the experience of the victims in adequate detail. It did, however, indicate where such descriptions could be found, and the anamnestic literature has increased and circulated substantially since 1985. This literature is discussed in the New Addendum to the Bibliographical Essay, pp. 200–210 this edition.

      A fourth reviewer raised a more serious problem: the novelist David Bradley, in one of the reviews for which I am most grateful, expressed concern that my insistence on so narrow a definition of torture restricts the application of the term to an excessively narrow field of action, denying it not only to the rhetorical action of writers, but also to instances in which abuse permitted by law might very well fit into a slightly expanded definition. I do not profess to be any more of a policeman of rhetoric than I thought was necessary to clear the air of some of the most misleading uses of the term in modern sentimental journalism. Bradley is right. The definition should be expanded.

      Finally, one reviewer resorted to what can only be called the pointlessly instrumental application of heuristic concepts to a book that was originally written to help restrict them. Complaining that I had failed to distinguish in modern history between torture under an “authoritarian” regime and that under a “totalitarian” regime (the heuristic difference apparently being that the former can change policy and the latter cannot), the reviewer neglected to note that it does not matter to victims whether they are tortured by authoritarian or totalitarian regimes. The experience of torture is the same. In any case, the events of 1989 and since suggest that the original distinction needs rethinking.

      The main feature of this edition is the two appendices. The first offers a much more extensive bibliographical survey of the literature on both the history and the contemporary practice of torture between 1985 and 1995; the second provides a number of English translations of original documentary sources on the subject from the Roman Empire to the twentieth century. Many of these originally appeared in my edition of Henry Charles Lea, Torture (Philadelphia, 1973), now out of print. I have revised the commentaries to these texts and added relevant bibliographical information.

      I am grateful to all those colleagues and friends (and sometimes perfect strangers) who have expressed an interest in seeing the book return to print. I am also particularly grateful to a number of institutions and individuals who have communicated with me about the book in correspondence and conversation and have advised me on bibliographical and other matters. Prominent among these are the RCT in Copenhagen and its director, Dr. Inge Kemp Genefke; Darius Rejali, particularly for his generous and extensive bibliographical suggestions; Rita Maran, Sarah Terry, Mika Haritos-Fatouros, Ronald Crelinsten, James M. Powell, Kate Nelligan, and John Murphy.

      Acknowledgements

      My colleagues at the University of Pennsylvania in several academic departments and on the staff of the Van Pelt Library have been immensely helpful to me in the research and writing of this book, as have Professor James Muldoon of Rutgers University, Camden, and John T. Conroy, MD, of West Hartford, Connecticut. I express particular gratitude to Alan Kors, Martin Wolfe, Jack Reece, Thomas Childers and David Ludden. Elliott Mossman helped me considerably with Soviet legal theory, and Elaine Scarry forced me to distinguish between moral and sentimental definitions of torture in a long discussion over her own forthcoming book The Making and Unmaking of the World: The Body and Pain. The Interlibrary Loan Section of the Van Pelt Library quickly and expertly provided books that would otherwise have proved very difficult for me to obtain. Ms Joan Plonski rapidly turned disordered typescript and handwritten corrections into a clear and accurate text. Without her services the book would have taken much longer to write. If I have ventured far from my usual fields of research in the later parts of this book, I have done so with the help of these colleagues and with the encouragement of R.I. Moore and Patrick Wormald, and I am grateful to the former for having invited me to write it at a moment when neither of us had the vaguest idea of what it would be when it was finished.

      This book is dedicated to those human beings who work in – or pass through – the RCT, Copenhagen, Denmark, and to the memory of F.S. Cocks.

      Full citations of sources cited in parentheses in the text will be found in the bibliographical essay.

      E.P.

       TORTURE

      Introduction: Torture – Past and Present – and the Historian

      What is torture? From the Roman jurists of the second and third centuries to the historians and lawyers of the present, those who have taken the most trouble to consider the question have come up with remarkably similar answers. Thus the third-century jurist Ulpian declared:

      By quaestio [torture] we are to understand the torment and suffering of the body in order to elicit the truth. Neither interrogation by itself, nor lightly inspired fear correctly pertains to this edict. Since, therefore, quaestio is to be understood as force and torment, these are the things that determine its meaning.

      In the thirteenth century, the Roman lawyer Azo gave this definition:

      Torture is the inquiry after truth by means of torment.

      And in the seventeenth century, the civil lawyer Bocer said that:

      Torture is interrogation by torment of the body, concerning a crime known to have occurred, legitimately ordered by a judge for the purpose of eliciting the truth about the said crime.

      In our own century, the legal historian John Langbein has written:

      When we speak of judicial torture we are referring to the use of physical coercion by officers of the state in order to gather evidence for judicial proceedings … In matters of state, torture was also used to extract information in circumstances not directly related to judicial proceedings.

      Article 1 of the Declaration against Torture adopted by the General Assembly of the United Nations on 9 December 1975 reads thus:

      For the Purpose of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners.

      Finally, there is a somewhat more elaborate

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