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A Doctor Looks at Torture 
By Antoine Jacob 
Le Monde via Truthout
http://www.lemonde.fr/web/article/0,[EMAIL PROTECTED],36-370828,0.html

Tuesday 29 June 2004

Cofounder of the International Rehabilitation Council for Torture Victims (IRCT) and 
coordinator of their activities in Denmark, Professor Bent Soerensen emphasizes that 
the December 10, 1984 United Nations' text supplies "a precise" and "universal 
definition" of torture: any act which produces "severe pain or suffering, whether 
physical or mental."

At what point of intensity does this pain become "severe"? This is one of the most 
sensitive issues in the debate. According to this expert, doctors, however, have "no 
difficulty defining the border. If a person is slapped, the pain is not severe. It 
becomes severe in the case of punches or violent beatings with a stick, for example," 
he explains. "Most of the time, doctors will give the same answer as to whether pain 
is severe or not, even if there are rare borderline cases." The UN Committee against 
Torture, says Mr. Soerensen, which has convened for thirteen years, has never had any 
internal disagreements on this subject.

With regard to mental suffering, he considers that the limits are also clear. "A 
person held in a cell where music is broadcast at full volume night after night is a 
victim of severe pain," he cites as an example. As with physical pain, psychic 
suffering "can be diagnosed with the same degree of certainty as any other sort of 
illness." For Mr. Soerensen, "limited or moderate torture does not exist."

The second criteria: the pain must have been inflicted "intentionally and with a 
specific objective": to obtain intelligence or confession to commission of an act that 
the victim (or a third party) is suspected of. However, the objective being pursued 
could also be "to intimidate or pressure" the person. According to the IRCT expert, 
the acts committed against the detainees in Iraq- take, for example, the case of naked 
bodies photographed in the presence of women - are also acts of torture.

Finally, the UN stipulates that for an act to qualify as torture, the severe pain must 
have been committed "at the instigation of or with the consent or acquiescence of a 
public official or other person acting in an official capacity." According to the 
Dane, this concerns the private militias working for the American army in Iraq. The 
1984 Convention finally stipulates that torture "does not extend to the pain or 
suffering resulting from legitimate punishments, inherent in or caused by them." This 
phrase was added to allow the Muslim states which follow sharia law -the punishments 
of which are similar to torture in the West - to sign the convention.

Why was the definition limited to the sphere of the state, leaving by the wayside 
similar acts committed by political or armed movements? "Because the UN deals only 
with states. That's a restriction, of course," Mr. Soerensen regretfully adds.


Translation: t r u t h o u t French language correspondent Leslie Thatcher.


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