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laurentius is offline laurentius
King
Helsinki, Finland
Jun 2001
time: 07:18
  Old Post 09-12-2004 01:07
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And hows that not torture?

Kuciwalker is offline Kuciwalker
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Feb 2001
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  Old Post 09-12-2004 01:09
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Because saying, for instance, "The guards will shoot you if you're escaping" would then be torture.

laurentius is offline laurentius
King
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Jun 2001
time: 07:18
  Old Post 09-12-2004 01:11
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Yeah, because it IS torture.

Kuciwalker is offline Kuciwalker
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Feb 2001
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  Old Post 09-12-2004 01:14
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Then what the hell are you supposed to do to escaping prisoners if you can't get them back alive?

Arrian is offline Arrian
Emperor
Kneel before Grog!
Jul 2001
time: 00:18
  Old Post 09-12-2004 01:14
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Using a bluff to scare someone is torture?

That seems like a stretch to me.

It would also seem, however, that much worse than that is going on down in Gitmo.

-Arrian

General Ludd is offline General Ludd
Emperor
Minion of the Dominion
Aug 2001
time: 05:18
  Old Post 09-12-2004 01:18
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quote:
Originally posted by Kuciwalker
Because saying, for instance, "The guards will shoot you if you're escaping" would then be torture.


That isn't a threat of imminent death. Being shot while escaping is a consqeuence of action.

Now, if they where told "You will be shot if you're escaping" and then forced to attempt an escape, that would be torture.


Can you see the different between saying "The guards will shoot you if you're escaping" and "The guards will shoot you if you don't do this"? (Of course, what "this" is can also be a varying factor in it being torture or not)

Kuciwalker is offline Kuciwalker
Emperor
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Feb 2001
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  Old Post 09-12-2004 01:24
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quote:
That isn't a threat of imminent death.


It is as much as any threat of death to obtain compliance is.

Gibsie is offline Gibsie
Emperor
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Jan 1970
time: 05:18
  Old Post 09-12-2004 01:29
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If action A can cause severe mental harm in prisoners, then purposefully exposing them to action A is torture, whether it's attavhing electrodes to their testicles or telling them they're going to get a bullet in the brain. Not a legal definition, maybe, but a logical one. Find me a psychiatrist that has ever said that prisoners can suffer severe mental anguish from the specific knowledge that they may die if they attempt to escape (In of itself, that is), and then I'll accept that that definition of torture is stupid.

General Ludd is offline General Ludd
Emperor
Minion of the Dominion
Aug 2001
time: 05:18
  Old Post 09-12-2004 01:30
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quote:
Originally posted by Kuciwalker
quote:
That isn't a threat of imminent death.


It is as much as any threat of death to obtain compliance is.


No it's not.

Kuciwalker is offline Kuciwalker
Emperor
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Feb 2001
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  Old Post 09-12-2004 01:31
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quote:
Originally posted by Gibsie
If action A can cause severe mental harm in prisoners, then purposefully exposing them to action A is torture, whether it's attavhing electrodes to their testicles or telling them they're going to get a bullet in the brain. Not a legal definition, maybe, but a logical one. Find me a psychiatrist that has ever said that prisoners can suffer severe mental anguish from the specific knowledge that they may die if they attempt to escape (In of itself, that is), and then I'll accept that that definition of torture is stupid.


Sure. If they feel they have some moral duty to escape and fight for their country (just like they would have some moral duty not to give us info), then threatening to kill them if they were escaping would be pretty equivalent to threatening to kill them if they didn't tell us stuff.

laurentius is offline laurentius
King
Helsinki, Finland
Jun 2001
time: 07:18
  Old Post 09-12-2004 01:34
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You cant shoot escaping POWs or intimidate them with it before they do so.

Kuciwalker is offline Kuciwalker
Emperor
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Feb 2001
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  Old Post 09-12-2004 01:35
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What the heck are you supposed to do to them?

(And where does it say it's specifically in relation to POW's?)

laurentius is offline laurentius
King
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Jun 2001
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  Old Post 09-12-2004 01:38
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Try them or release them FFS!

What is wrong with you? Thats how justice system works

Kuciwalker is offline Kuciwalker
Emperor
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Feb 2001
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  Old Post 09-12-2004 01:40
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Uh, you're specifically allowed to keep POW's until the conflict ends. And there's no international law saying you can't hold your own citizens indefinately. And foreign nationals without diplomatic immunity are probably open game, pretty much (though it could be a casus belli).

However, I really can't tell the context of the quote, because Ramo's link doesn't seem to work.

Gibsie is offline Gibsie
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Jan 1970
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  Old Post 09-12-2004 01:43
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quote:
Originally posted by Kuciwalker
Sure. If they feel they have some moral duty to escape and fight for their country (just like they would have some moral duty not to give us info), then threatening to kill them if they were escaping would be pretty equivalent to threatening to kill them if they didn't tell us stuff.


Which orifice are you pulling this from again? Any prisoner anywhere might want to escape, but the threat of killing someone if they attempt to escape does not constitute mental anguish. You might as well go back to trying to convince us animals don't feel pain.

Kuciwalker is offline Kuciwalker
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  Old Post 09-12-2004 01:44
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Is mental anguish caused if you threat to kill someone if they don't give you info?

Gibsie is offline Gibsie
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Jan 1970
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  Old Post 09-12-2004 01:47
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Not the first time, but keep at it, day in, day out, I'm sure it would.

I read some tuff on interrogation in New Scientist the other week where an Israeli interrogator told how he'd threaten to kill the families of terrorist suspects and make it believable- going by the transcript of the interview with one of his subjects, that certainly did the trick (The trick being to cause life-lasting mental pain).

Kuciwalker is offline Kuciwalker
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Feb 2001
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  Old Post 09-12-2004 01:49
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Then what if you regularly did the same the wrt escaping?

laurentius is offline laurentius
King
Helsinki, Finland
Jun 2001
time: 07:18
  Old Post 09-12-2004 01:52
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No offense Kuciwalker, but i'm not going to waste anymore time arguing with you, since you have no idea about peoples basic rights.

www.un.org is a good place to start from. Good luck

Gibsie is offline Gibsie
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Jan 1970
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  Old Post 09-12-2004 01:54
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If the process you're talking about has no other elements of torture in it, and is for example, a guard casually occasionally (or every day or whatever, or saying it over and over) telling a prisoner that if he tries to go over the wall he'll be shot, I can't imagine that ever upsetting someone.

If someone's being interrogated full-on, and the interrogator starts telling the prisoner that he thinks he's trying to escape, and starts going over every inch of his cell and the grounds with him, telling him that every piece of dirt or any sudden move is evidence that he's trying to escape and he'd get a bullet in him then I could envisage that being torture. But Isimply cannot imagine a situation where telling a prisoner they're at risk of being killed for trying to escape would hurt them that much [without already having elements of torture in it].

Kuciwalker is offline Kuciwalker
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Feb 2001
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  Old Post 09-12-2004 05:11
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So if you just say "talk or I'll shoot you" once, and nicely, it's not torture?

Gibsie is offline Gibsie
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Jan 1970
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  Old Post 09-12-2004 05:26
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As with most vague definitions, context is everything. Say it with a gun in the prisoner's mouth and it's torture. Say it after you've kept the prisoner awake for 3 days with regular beatings, and it's a part of the torture. Call a prisoner into an interrogation chamber and just say it to them in a way that the prisoner willnot seriously believe his life is in danger, and it's not torture.

Your quote indicated that threats of "imminent death" are only torture if part of a prcoess of abuse to the prisoner. You could work this all out yourself if you weren't working under the mindset of, "The US never tortures anyone and if anyone says otherwise they're mishuided or lying".

Kuciwalker is offline Kuciwalker
Emperor
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Feb 2001
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  Old Post 09-12-2004 05:36
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quote:
As with most vague definitions, context is everything. Say it with a gun in the prisoner's mouth and it's torture. Say it after you've kept the prisoner awake for 3 days with regular beatings, and it's a part of the torture. Call a prisoner into an interrogation chamber and just say it to them in a way that the prisoner willnot seriously believe his life is in danger, and it's not torture.


So as long as he doesn't believe it's a credible threat, it's OK?

Kuciwalker is offline Kuciwalker
Emperor
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Feb 2001
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  Old Post 09-12-2004 05:36
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quote:
Originally posted by Gibsie
Your quote indicated that threats of "imminent death" are only torture if part of a prcoess of abuse to the prisoner. You could work this all out yourself if you weren't working under the mindset of, "The US never tortures anyone and if anyone says otherwise they're mishuided or lying".


I've never said anything of the sort. I'm claiming that the particular definition of torture put forward is overbroad and absurd.

Gibsie is offline Gibsie
Emperor
all over the proverbial shop
Jan 1970
time: 05:18
  Old Post 09-12-2004 05:54
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quote:
Originally posted by Kuciwalker
[q]So as long as he doesn't believe it's a credible threat, it's OK?


Since you're confused, I've gone back and read what you quoted, so, to clarify, the aim of the threat must be to cause "mental anguish". If the person subjected to torture isn't bothered by what's going on, he's not likely to suffer mental anguish, is he? Look at that, you've made me start asking patronisingly rhetorical questions. That doesn't make it okay to make death threats to such a subject though, however. The crux is, according to point (1), that the intent of the interrogator must be to cause the mental anguish. The subject might not be bothered by attempts, but if the intent is there, it is torture.

Think of it in terms of an abusive spouse: if a husband repeatedly threatens to kill his wife if she dares look at a man, doesn't let her leave the house, and has her in fear of her life, that's torture. If a wife jokingly threatens to kill her husband if he doesn't put the toilet seat down the next time, that's not torture. Do you understand the concept of "context" yet, or should unca gibsie start tawking wike a lil baby?

Kuciwalker is offline Kuciwalker
Emperor
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Feb 2001
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  Old Post 09-12-2004 06:00
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Well, then it goes the other way - if what I do isn't meant to cause mental anguish, but merely gain information, then I can do whatever I want.

General Ludd is offline General Ludd
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Minion of the Dominion
Aug 2001
time: 05:18
  Old Post 09-12-2004 06:05
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quote:
Originally posted by Kuciwalker
Well, then it goes the other way - if what I do isn't meant to cause mental anguish, but merely gain information, then I can do whatever I want.


If it's gaining information by method of causing mental anguish, the goal is still to cause mental anguish.

Gibsie is offline Gibsie
Emperor
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Jan 1970
time: 05:18
  Old Post 09-12-2004 06:11
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Oh bloody semantics... Replace "intent to cause mental anguish" with "actions that in the eyes of an objective observer would be deemed to be likely to cause mental anguish". That was a bit of a flub on my part, I must admit, as I suppose successful interrogators are not there to cause pain but to extract information.

Ramo is offline Ramo
King
Austin, Texas, USA
Oct 1999
time: 23:18
  Old Post 09-12-2004 06:41 Visit Ramo's homepage!
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quote:
That it's absurd.


It's not absurd. That's torture. And it doesn't matter if you find it absurd, this is the law.

And you're just assuming that the law implies certain things that don't clearly follow, and calling it absurd. Saying that there's prolonged mental harm due to threatening people who escape with death is in no way an obvious statement. In fact, I seriously doubt that is how the courts intepret the law.

And both of my links work fine, I just used them.

Drake Tungsten is offline Drake Tungsten
Prince
Knee deep in alien womyn...
Oct 2001
time: 14:18
  Old Post 09-12-2004 06:47
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And the pussification of Western society reaches a new low...

 
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