Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Archive for January 15th, 2010

F.B.I.’S Top Expert: Only Psychopaths Can Torture..They Are Untrustworthy

Posted by Info on 15/01/2010

Joe Navarro, one of the F.B.I.’s top experts in questioning techniques, told The New Yorker:
Only a psychopath can torture and be unaffected. You don’t want people like that in your organization . They are untrustworthy, and tend to have grotesque other problems. “

From Kathy Gill: All citizens should be asking themselves, “When, if ever, is torture OK”? What is our government doing in our names? And are we OK with it?”

In the hypothetical classic ticking bomb scenario torture of one person (the bad guy) is positioned against saving thousands, a form of cost-benefit analysis. The person having to make the difficult moral choice is a law officer. This is recurring dramatic theme in popular culture (think Clint Eastwood..) where a) we (the audience) know that the bad guy has the needed information (no ambiguity) and b) the hero successfully saves the innocent(s) in less than 120 minutes.

But real life is not as black-and-white as Hollywood.
Moreover, the hypothetical is fraught with flaws:
It presumes that there is a bomb that will explode if not neutralized; the suspect knows where the bomb is located and the bomb has not been moved since the suspect’s arrest; the suspect will provide the necessary information if and only if tortured; the information will enable us to discover and disarm the bomb in time, and so forth.

…. “coercive interrogations tend to elicit unreliable intelligence more than they do useful information.” Moreover, ….that abusing prisoners is …. remarkably ineffective.”

More over our options to find information are usually not bi-polar (either to torture or walk away).
Finally, Kieran Healy shows us the danger of the slippery slope…. we’ve picked up ten guys for questioning but only one of them has the true information. We don’t know which one, so we have to torture the lot…..

You, reader, would you like to be amount those 9 persons who may just be unlucky

Torture does not result in obtaining truthful information, thus it does not help to stop anything even in a highly hypothetical “ticking bomb scenario”. Resorting to torture proves that intelligence services are not so “intelligent” as they are not capable to find more reliable ways to fight terrorists.

What can we achieve with torture?
WE will break national and international law. We will become morally ruined as once agreeing to torture will result in the continuation of this practice, and gradually result in losing respect for ourselves.
And when we let others (other countries and strict regimes) to see US torturing, this will create enemies and even terrorists…at the end of the day.

The officials who agree with torture are not any better than any terrorist as they use the same methods.
more here

Posted in EU, others, Russia, UN, Uzbekistan | Leave a Comment »

Ukraine Must Not Forcibly Extradite Chechen Man To Russia

Posted by Info on 15/01/2010

The Ukrainian authorities, as a state party to the 1951 Geneva Convention relating to the Status of Refugees, must not forcefully return refugees or asylum-seekers to any country where they would face a serious risk of the death penalty, torture or other grave human rights abuses.

Ahmed Chataev, who had reportedly been tortured by Russian forces after he was detained in Chechnya during fighting in 2000, was visiting Ukraine with a valid visa when he was detained by police on 3 January.

Ahmed Chataev was granted refugee status in Austria on 24 November 2003 and has lived there for several years with his wife and three children. He was wounded in the arm and stomach during fighting in Urus Martan in Chechnya in 2000, but before he could be taken to hospital he fell into the hands of Russian forces. He was reportedly subjected to torture including electric shocks despite being very badly wounded. His arm was subsequently amputated. He and his family then fled to Austria via Azerbaijan.

Amnesty International in the region are concerned that many Chechens in the Russian Federation have been charged with crimes such as participating in illegal armed groups or acts of terrorism on the basis of “confessions” extracted under torture.

The organization has also accused Ukraine of repeatedly violating the rights of refugees and asylum-seekers, in breach of its obligations under international human rights and refugee law.

The authorities made several attempts to forcibly return Lema Susarov, an ethnic Chechen, to Russia, even though he was recognized as a refugee by UNHCR, the UN Refugee Agency, and would have been at risk of torture if returned. He was released in July 2008 and allowed to take up an offer of asylum in Finland.

Most recently, on 28 November, Ukraine deported eight Afghan nationals to Dubai. The group of three adults and five children aged between three and 15 years tried to join a family member granted refugee status in the UK.

Posted in Russia, Ukraine | Leave a Comment »

Russia Voted to Ratify 14 Protocol to ECHR BUT…..

Posted by Info on 15/01/2010

The Russian Parliament on Friday reversed its longstanding opposition to reforms in the European Court of Human Rights.
Legislators in the lower house voted 392 to 56 to ratify the reforms.
The international human rights court, based in Strasbourg, France, has been clogged in recent years with a backlog of complaints, nearly one-third of them filed against Russia. The reform plan, Protocol 14, aims to speed up the court’s work, in part by reducing the number of judges necessary to make major decisions.
Since 2006, Russia has been the only one of 47 participating states to refuse to ratify Protocol 14.

But Mr. Vyatkin,a member of the governing United Russia party, said the council had provided written commitments on the Russians’ main fears. He said he was reassured that Russian judges would be included in reviews of potential cases against Russia, that the court would not begin investigating complaints before cases were formally accepted and that the court would not have new powers to force rulings to be carried out.

He said his European colleagues had ignored Russians’ complaints for years. “The main thing is, we explained to our colleagues that ultimatums will not solve anyone’s problems. Let’s talk. It is already clear that without Russian participation, the Council of Europe will be of no use to anyone.

Aleksei V. Makarkin, a leading analyst at the Center for Political Technologies, a Moscow policy research group, said such compromises could have been reached at any time in the last four years.

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РФ Ратифицировала 14-Й Протокол О Реформе Страсбургского Суда

Posted by Info on 15/01/2010

Россия стала последней страной Совета Европы, подписавшей этот документ, без которого не может начаться реформа Европейского суда по правам человека. Основной целью протокола является повышение эффективности деятельности ЕСПЧ, количество индивидуальных жалоб в который ежегодно возрастает.

Предлагаемые этим документом изменения в Европейскую конвенцию по правам человека касаются совершенствования механизма отфильтровывания заведомо неприемлемых жалоб. В частности, протоколом вводятся процедуры принятия решения о неприемлемости жалобы единоличным судьей и предоставление комитетам из трех судей права выносить постановления по существу жалобы.

Также вводится дополнительный критерий, который позволит ЕСПЧ признать жалобу неприемлемой в зависимости от размера понесенного заявителем ущерба.

Posted in Россия, EU | Leave a Comment »