HUMAN RIGHTS VIOLATIONS: TORTURE AND DEPRIVATION OF LIBERTY EXAMINED

Abstract

Torture, a practice that has endured throughout history against individuals deemed guilty or presumed as such, including prisoners of war and those subjected to coercion for political or religious reasons, constitutes a static aspect of human history. Its dynamics are inherently tied to shifts in societal moral values and the thresholds of pain within various civilizations, coupled with advancements in available technological means. While generally prohibited and subject to severe ethical condemnation, torture has persisted in both official state bodies and private settings, often escaping the regulatory scrutiny associated with legitimacy. This paper primarily focuses on judicial torture, a complex array of physical and moral means of personal coercion used during trials. It is accompanied by parallel police activities, which may be officially lawful, semi-legitimate, or illicit, depending on the temporal and geographic context. The objectives of judicial torture encompass establishing the guilt of the accused, eliciting confessions, and validating the credibility of witness testimonies

In the legal systems of ancient Greece and Rome, where torture was codified, it was regarded as an action conducted pro reo (for the accused). The underlying principle was that the accused's fortitude in enduring suffering to unveil the truth served as a test, especially in the absence of clear evidence. In certain historical periods, torture could only be applied to non-free individuals due to its not only painful but also humiliating nature. Nevertheless, Roman imperial legislation witnessed fluctuations in this regard.