header-logo header-logo

No torture; no debate

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

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: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll