header-logo header-logo

13 December 2007 / Robert Spicer
Issue: 7301 / Categories: Features , Human rights
printer mail-detail

No torture; no debate

Torture cannot be justified under any circumstances in civilised society, argues Robert Spicer

Philip Rumney and Martin O’Boyle (NLJ, 9 November 2007, pp 1566–67) say the use of torture as an interrogation tool has been discussed with increasing frequency since 11 September 2001.

It is difficult to find any references in the legal press—including NLJ—to proposals for the legalisation of torture. The prospect of academic lawyers debating the proposed legalisation of torture is appalling. There is not, and should not be, any such debate. This is not a controversial topic. Torture is illegal and non-negotiable. Academic attempts to “debate” torture only lend apparent respectability to a matter which is beyond discussion in civilised countries.

THE LAW ON TORTURE

The law is clear. Article 3 of the European Convention on Human Rights (the Convention) states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. This provides absolute protection. In no circumstances can such treatment be rendered lawful. The state cannot argue such treatment has local acceptability, that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll