Hit Me Baby, One More Time!

Should physical force be allowed to make a suspect divulge information?

In 1975 the General Assembly of the United Nations passed a declaration condemning torture as ‘an offence to human dignity’. The Rome Statute classified torture as a crime against humanity. Thus torture is understood to be not merely an offence against its direct victim, but an offence against all humankind.

Almost all fundamental rights can be affected, especially habeas corpus, fair trial (due process of law), protection of privacy, freedom of religion, equality, freedom of movement, right to life, right to human dignity. Due to lack of time and space, we have to limit our inquiry to one concrete issue, and this will be the question of torture (as a violation of the human rights of the tortured person).

In the case study we analysed in last week's workshop however, there is a bomb that is due to explode in four hours. Is physical force so justified then? This is called a ticking time bomb scenario – a highly controversial argument that seems to justify physical force against a suspected terrorist. Basically it refers to the scenario where a suspected terrorist is physically forced to give information, particularly in the circumstances where a bomb is about to detonate in the near futute (in this case, four hours). The physical force, however, is to be proportionate to the imminent danger. How is this determined?

Based on the law, domestic and international, and supported by legal journals, there should be no exception to a person’s right not to be subjected to torture on the very basis of basic human rights. Morally, I cannot seem to find within myself any justification for allowing a suspect to be tortured. It is degrading, and inhuman. As a matter of fact, I find it highly hypocritical and totally against the 'Do unto others as others do unto you' adage that I hold close to myself.

I do have some reservations, though. If the suspect does not disclose the whereabouts of the bomb that is about to go off, may lives will be in danger. Perhaps some form of bargain may be struck - this is obviously to be done on a case-by-case basis.

This is obviously a debate that is not going to end anytime soon!