"Torture is abhorrent. Torture is illegal. Yet torture is inflicted on men, women and children in well over half the countries of the world. Despite the universal condemnation of torture, it is still used to extract confessions, to interrogate, to punish or to intimidate."
Those words are taken from Amnesty International's newly released manifesto in support of its campaign to end torture worldwide. Also, just recently announced was the appellate court ruling that will grant the Hsichih Trio a retrial on their death penalty case. The juxtaposition of these two events serves to remind us that police torture is a worldwide problem and it remains a problem in Taiwan.
The co-defendants in the case have always maintained their innocence of the double murder of which they were convicted. They and their attorneys have also always maintained that the confessions taken from them were taken under police torture. The Hsichih Trio case happens to be a high profile case of police torture. According to local NGOs, however, it is far from the only such case.
Amnesty's "Take a Step to Stamp Out Torture" is a global campaign which was launched simultaneously in more than 60 countries. In preparation for that campaign, Amnesty conducted a survey of its research files on 195 countries covering the period 1997 to mid-2000. It revealed that Amnesty has received reports of torture and ill-treatment inflicted by state agents in over 150 countries since 1997. Taiwan is among those countries.
Amnesty reports: "The world has changed immeasurably since Amnesty first began denouncing torture at the height of the Cold War in the 1960s, but torture continues and is not confined to military dictatorships or authoritarian regimes; torture is inflicted in democratic states too ... Amnesty's survey strongly suggests that common criminals and criminal suspects are the most frequent victims of torture by state agents today. They have reportedly been subjected to torture or ill-treatment in over 130 countries since 1997."
That statement highlights the sad fact that many democratic nations, such as Taiwan, still, either actively or passively, allow police torture. It also highlights the fact that in many nations, such as Taiwan, the victims of torture are generally criminal suspects such as the Hsichih Trio.
AI puts forward a number of steps to end torture. They include, first, condemn torture. Political leaders must make clear that torture and cruel, inhuman or degrading treatment will never be tolerated. President Chen Shui-bian's (陳水扁) government talks in nebulous terms about human rights. It would do well to speak out specifically against police torture in this nation. Strong signals from the top serve to put the rank and file police on notice that police torture will not be standard operating procedure.
Second, investigate and bring to justice. All reports of torture must be promptly and effectively investigated by the authorities. All those responsible for torture must be brought to justice, wherever they may be. This second Amnesty recommendation is virtually ignored by both the present government and its predecessors in power. Rarely are reports of police torture taken seriously and instances of Taiwanese cops being held responsible for their actions are seen as often as the proverbial "blue moon."
Third, ensure redress. Those who have suffered torture must be entitled to full and timely reparation, including compensation and rehabilitation.
Fourth, fight discrimination. Governments must combat discrimination and other factors which contribute to torture, including lack of public awareness of human rights.
Fifth, provide training. Police, prison officers and the armed forces must be trained and motivated to oppose torture.
Police torture is not an unsolvable problem. The biggest hindrance with ending police torture, is, in my experience, public apathy towards it. The public, be they Westerners or Taiwanese, tend to divide their society into two major groups; "good people" and "bad people." "Good people" never run afoul of the police and the police never torture "good people," ergo police torture is not a concern for "good people." As for the "bad people;" well, too bad for the "bad people" if the police do in fact torture them. "Bad people" have it coming, or so the public's rationale goes.
There are two major problems with that "rationale." First the world in fact is not divided up into good and bad people. Secondly, torture is categorically wrong; wrong even if used on "bad people."
As Albert Camus said, "We must realize that we cannot escape the common lot of pain and that our only justification is to speak on behalf of those who cannot." It is time to speak out against police torture in Taiwan.
Brian Kennedy is an attorney who writes and teaches on criminal justice and human rights issues.
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