Torture: Justifiable in the cause of national security?

IN every war, information is a weapon. In “war against terrorism,” where the adversary wears no uniform and hides among the civilian population, information can matter even more.

To extract this information, intelligence officers can go to length untold. After all, it is in the ‘national interest.’ But does that mean that torture can sometimes be justified to extract information?

This week, our respondents aim at untangling the cords. Here are their views.

 

Keem Tunde

Regarding national security, I think torture or any other means available is justifiable because these are suspected bandits or terrorists (threats to lives and properties). My only concern is, how do you determine who a suspect is? Because in this Nigeria, a law enforcement agent/officer may not like your face then call you suspect.

That said, if the persons captured are proven beyond doubt, any means is justified, in my opinion.

 

Abel Akinlolu

Suspect in security context has two meanings, the first means the way it sounds; someone who may likely be guilty of an offense. The second definition is criminal with evidence who has not been pronounced guilty by court of law. Hence the treatment of these two definitions should differ. It will be a slap on human right to treat someone without solid evidence of guilt the same way you will treat a “suspected” armed robber with ammunitions in the name of extracting  information off the victim, the information from that kind of source most likely will be as a result of extreme torture and intimidation. Instead, suspects should be made to be free. At the same time, the security agents build more intelligence tactics to study suspects instead of physical torture that in years has relegated people’s trust in the security apparati in Nigeria.

 

Tukur Ridwan

Torture is justifiable if used as a last resort. However, due to the constraints of extracting accurate information from suspected criminals, resulting from deficient technical know-how bedeviling the Nigerian intelligence approach to security, it is advisable to devise lesser punishments and replace them with a more proactive psychological and forensic evaluation as an approach to sourcing for the needed information.

This will help the institutions responsible for public safety to avoid the error of incriminating and torturing the wrong suspect at the first instance of apprehending them.

 

Lawal Rashid

The answer in international law is categorical: No. As laid down in treaties such as the Geneva Convention, the UN Convention against Torture, and the International Covenant on Civil and Political Rights, the ban on torture or any cruel, inhuman, or degrading treatment is absolute, even in times of war. Along with genocide, torture is the only crime that every state must punish, no matter who commits it or where.

 

Kome Brown

Until they are proven guilty, the use of force should not be allowed. What if, after torture, they don’t get any useful information or the person is innocent? A long chain of litigation could be set off. That can be traumatising for the person; as such, it is best not to employ it until the suspect is pronounced guilty.

 

Tolu Dara

Suppose you are up against a terrorist or a bandit? In that case, chances are high that they have already been trained in the art of resisting torture. The most hardened of them can face extreme conditions and not spill any sensitive information. It mostly doesn’t get anyone anywhere. Reforming them would have been an alternative, but many are far gone down the line.

Kayode Junnikay

Torturing is not the only means to extract information. They can be promised incentives, a shorter sentence, or an improved protection detail. Torturing should be used only as a last resort.

 

Cynthia Ekwere

When we are ready to leave emotions and consider the rule of law, we will see things quite differently. A look at the legislation and bills on torture might help.

After the two world wars’ atrocities in the 20th century, most nations condemned torture and made it illegal. Several international agreements outlawed torture and cruel, inhuman, and degrading treatment. Two of the most important agreements were (1) the Geneva Convention and (2) the Torture Convention (the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment).

The Torture Convention, adopted by the United Nations, with Nigeria as a member state in 1984, extended the ban on torture to all persons. This international agreement obliges the signing nations to prevent any act of torture against anyone within its jurisdiction and to prosecute violators in its courts. Any person charged with torture could not use as a defense that he or she was following orders from a higher authority.

 

Einslender

Yes. I think torture is a necessity. It’s true that as humans, we should always draw the line and that we should always have points that we shouldn’t cross. Still, in a case where other lives are involved, I believe we should explore every option on the table.

Why should we treat people who treat other humans like livestock with humanity?

Article 1 defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person. The Torture Convention excludes “lawful acts” such as imprisonment and capital punishment resulting from a nation’s criminal justice procedures. It is best to try such people, and once convicted, whatever means can then be used to extract information.

 

Next week, the conversation will be on the topic ‘Do celebrities get away with more crime than non-celebrities?’ To be part of the next edition, send your response to 08136601345 via WhatsApp or SMS.

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