Skip Navigation

The Daily Dish - 2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

The European Court and Torture

By The Daily Dish
Oct 11 2007, 3:30 AM ET

A reader writes:

Thanks for coming down hard on Bret Stephens and his dreadful editorial. You're right: it's dishonest of him not to mention that the "Five Techniques" were ruled illegal by the European Court of Human Rights. The determination that they did not constitute torture was, however, atrocious, and deserves very little respect. It is an early ruling of the Court, which at the time was proceeding very cautiously - too cautiously.

More to the point, the Court has evolved since then, and has strongly hinted that the 1978 judgment was in error. It held in 1999 in Selmouni v. France that "the Court considers that certain acts which were classified in the past as 'inhuman and degrading treatment' as opposed to 'torture' could be classified differently in future."  Christina Cerna elaborates:

The European Court found that the acts complained of in Selmouni "were such as to arouse in the applicant feelings of fear, anguish and inferiority capable of humiliating him and possibly breaking his physical and moral resistance" (Selmouni v. France: para. 101) and held France to be in violation of the prohibition on torture because of its treatment of Selmouni (i.e., he was dragged along by his hair; he was made to run along a corridor with police officers positioned on either side to trip him up; he was made to kneel down in front of a young woman to whom someone said "Look, you’re going to hear somebody sing"; one police officer then showed him his penis, saying "here, suck this," before urinating over him; he was threatened with a blow lamp and then a syringe) (Selmouni v. France: supra note 5, para. 82)."

One problem with UK v. Ireland and so much of the commentary is that the sanitary descriptions attached to the "Five Techniques" disguise the real brutality visited on the detainees. Make sure to read John Conroy's book "Unspeakable Acts, Ordinary People."  It's the same with the Bush torture regime -- the shorthand descriptions don't convey what is actually done, and give a false impression of orderliness, precision, and restraint. The reality is savagery, sadism, mayhem, and horror.



Presented by

More at The Atlantic

The Many Questions Surrounding Walmart's 'Great for You' Initiative Does Walmart Want What's Great For You?
5 Lessons From the Rise of the BRICs 5 Lessons From the World's Great Rising Economies
Study of the Day: How We Really Read Restaurant Menus How We Read Restaurant Menus
The Fight for a Fair and Free Internet The Fight for a Fair and Free Internet
Greece Is on Pace for the Worst Recession in Modern History Why the Greek Recession Could Get Much Worse
Special Report
The Civil War National Portrait Gallery The Civil War
President Obama reflects on what Lincoln means to him and to America, in an introduction to our special issue. Read more ›
View All Correspondents

The Biggest Story in Photos

World Press Photo Contest 2012

Feb 15, 2012

Subscribe Now

SAVE 59%! 10 issues JUST $2.45 PER COPY

Facebook

Newsletters

Sign up to receive our free newsletters

(sample)

(sample)

(sample)

(sample)