TORTURE AS A MEANS OF OBTAINING RELIABLE INFORMATION FROM CRIME SUSPECT

1.0 Introduction

1.1 Background of the Study

Governments sometimes characterize torture as an indispensable interrogation tool for gathering strategic intelligence. In this article, we review the relevant social scientific research on the effectiveness, impact, and causes of torture. First, we summarize research on false confessions and examine the relevance of that research for torture-based interrogations. Next, we review research on the mental health consequences of torture for survivors and perpetrators. Finally, we explore thesocial-psychological conditions that promote acts of cruelty (suchasthoseseen at Abu Ghraib) and examine the arguments typically offered to justify the use of torture. We argue that any hypothesized benefits from the use of torture must be weighed against the substantial proven costs of torture. These costs include the unreliable information extracted through interrogations using torture, the mental and emotional toll on victims and torturers, loss of international stature and credibility, and the risk of retaliation against soldiers and civilians.

Torture is one of the most extreme forms of human violence, resulting in both physical and psychological consequences. Torture has been used for thousands of years, and is still widespread, occurring throughout much of the world (Amnesty International, 2009). Research has shown that torture can have enduring negative effects on both survivors and perpetrators, and is ineffective for obtaining reliable information in interrogation. Although many international laws and codes have been established to prohibit torture, its widespread use continues as part of internal conflicts within nations, as well as in international conflicts. The issue of torture has most recently stirred debate with respect to interrogation practices used by the United States.

In 2003, the world was stunned by a series of photographs of prisoner abuse at Abu Ghraib prison in Iraq. These photos, taken by U.S. soldiers on cell phones and digital cameras, depicted prisoners subjected to cruel and humiliating treatment at the hands of U.S. troops. In one photo, a handcuffed, terrified prisoner is shown cornered by a snarling military dog straining against its leash. In many photos, naked prisoners had been forced to lie on top of one another in a pile or to simulate sexual acts. Several pictures show naked, hooded inmates handcuffed in painful positions to beds and cell bars. Some inmates have bleeding wounds; others appear to have wires attached to their bodies (Hersh, 2004). Some photos were especially disturbing because they show soldiers (both men and women) posing next to the abused prisoners, grinning or giving “thumbs up” signs, appearing to take sadistic pleasure in the abuse. In responding to the outcry created by the photos, soldiers explained that they had been instructed to “soften up” prisoners for more systematic interrogation (Scherer & Benjamin, 2003).

At present the United States is engaged in what it has termed the “Global War on Terror.” In this effort many prisoners are taken by the US and its allies. Clearly some percentage of these prisoners may hold information which has the potential to:

• Prevent (or lessen the impacts of) terrorist acts against civilians;
• Prevent terrorist acts against military targets;
• Provide the means to break up the terrorist network(s);
• Provide the means to disrupt terrorist command and control activities.

Similar situations may exist in many other areas of the world, such as Chechnya or Israel, where a recognized government is “at war” with terrorist organizations.

The governments or occupying powers hold an asymmetric relationship with the groups they are fighting. Decisions of the governments will be unilateral and any concessions toward humane treatment will not necessarily be reciprocated by the terrorist groups.

This paper does not directly examine issues of whether the detention of prisoners is justified, but rather the conduct of interrogation sessions and whether the use of torture in those sessions is ever justifiable.

1.2 Statement of the Problem

As early as the third century A.D., the great Roman Jurist Ulpian noted that information obtained through torture was not to be trusted because some people are “so susceptible to pain that they will tell any lie rather than suffer it” (Peters, 1996). This warning about the unreliability of information extracted through the use of torture has echoed across the centuries. As one CIA operative who participated in torture during the Vietnam War put it, “We had people who were willing to confess to anything if we would just stop torturing them” (Andersen, 2004, p. 3). Indeed, the Army Field Manual explains that strategically useful information is best obtained from prisoners who are treated humanely, and that information obtained through torture has produced faulty intelligence (Leahy, 2005).

It is important to acknowledge that torture may sometimes lead to the disclosure of accurate information. That is, confronted with excruciating pain, some people tell what they know. However, many survivors of torture report that the truthful information they revealed was intentionally incomplete or mixed with false information (Harbury, 2005). The goal was to appease the torturer, not to reveal the truth. And, because the interrogators were not omniscient, they could not discern which bits of information were true and which were false. Misreading their victims, torturers often failed to recognize the truth and continued to inflict pain. Victims continued to disclose, often fabricating information to in an effort to stop the pain (Conroy, 2000; Haritos-Fatouros, 2003). Many survivors of torture report that they would have said anything to “make the torture stop” (Mayer, 2005; McCoy, 2006). And, even in cases where torture may have preceded the disclosure of useful information, it is impossible to know whether less coercive forms of interrogation might have yielded the same or even better results.

1.3 Aim and Objectives of Study

The main aim of this study is to evaluate torture as a means of obtaining reliable information from crime suspects. In achieving this aim, the following objectives were set out as follows;

1. To examine the offenders experience during torture as well as the mental health consequences of torture
2. To investigate the motivation of torturers towards torturing offenders
3. To examine the perceptions of torture
4. To analyze the challenges for moving from commitment to compliance and the Prohibition against Torture
5. To examine the effects perpetrators of torture with reference to their respective offence

1.4 Research Questions

The following are the research question of the research work;

• Is Torture an Effective Interrogation Device?
• Does torture affects criminal psychologically?
• Does torture bring out true Confessions in the Criminal Justice System?

1.5 Research Hypothesis

The following are the research hypothesis of the research work;

Hypothesis One

H0: There is no significant difference between criminal true confession and false confession during torture

H1: There is no significant difference between criminal true confession and false confession during torture

1.6 Significance of the Study

Since the terrorist attacks of September 11, 2001, the national and international public debate over the use of torture in interrogations has focused on legal and moral issues. Often overlooked is the psychology of torture and the substantial body of empirical research relevant to the debate. This study summarizes that empirical research and places the issue of torture in social-psychological context.

We begin by reviewing research on the psychology of coercive interrogations and the problem of false confessions. Next, we summarize the findings of research on the psychological impact of torture on victims and perpetrators. Finally, we place the issue of torture in context by exploring the situational factors that facilitate cruelty and the arguments used by governments and individuals to justify the use of torture.

This study will also benefit researchers and academicians carrying out research related to this study.

1.7 Limitations of the Study

During the course of this study, many things militated against its completion, some of which are:

1. Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
2. Establishment Policies: Establishment policies posed a serious limitation as most staffs are not ready to release information needed for this project work. There were lots of information needed from the staffs of this institution to enhance the study which took them time to release or they did not release at all for security purposes, hence the scope was reduced.
3. Research material: availability of research material is a major setback to the scope of the study.
4. Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.