Stephen Lendman | ZNet, August 30, 2008
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The UN Convention against Torture defines the practice as:
“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain and suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity….”
The US and Israel are the only two modern states that legally sanction torture. An earlier article covered America. This one deals with the Jewish state, but let there be no doubt:
Although its language in part is vague, contradictory and protects abusive practices, Section 277 of Israel’s 1977 Penal Law prohibits torture by providing criminal sanctions against its use. It specifically states in language similar to the UN Convention against Torture:
“A public servant who does one of the following is liable to imprisonment for three years: (1) uses or directs the use of force or violence against a person for the purpose of extorting from him or from anyone in whom he is interested a confession of an offense or information relating to an offense; (2) threatens any person, or directs any person to be threatened, with injury to his person or property or to the person or property of anyone in whom he is interested for the purpose of extorting from him a confession of an offense or any information relating to an offense.” However, Israel clearly discriminates against Palestinians, (including Israeli Arab citizens), denies them rights afforded only to Jews, and gets legal cover for it by its courts. More on that below.
Nonetheless, the Jewish state is a signatory to the 1984 UN Convention against Torture and other international laws banning the practice. It’s thus accountable for any violations under them to all its citizens and persons it controls in the Occupied Territories.
US statutes leave no ambiguity on torture. Neither do international laws like The (1949) Third Geneva Convention’s Article 13 (on the Treatment of Prisoners of War). It states:
They “must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited….(these persons) must at all times be protected, particularly against acts of violence or intimidation….”
Third Geneva’s Article 17 states:
“No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war” for any reasons whatsoever.
Third Geneva’s Article 87 states:
“Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
The (1949) Fourth Geneva Convention’s Article 27 (on the treatment of Civilian Persons in Time of War) states:
Protected persons “shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof….”
Fourth Geneva’s Articles 31 and 32 state:
“No physical or moral coercion shall be exercised against protected persons.”
“This prohibition applies to….torture (and) to any other measures of brutality whether applied by civilian or military agents.”
Fourth Geneva’s Article 147 calls “willful killing, torture or inhuman treatment….grave breaches” under the Convention and are considered “war crimes.”
All four Geneva Conventions have a Common Article Three requiring all non-combatants, including “members of armed forces who laid down their arms,” to be treated humanely at all times.
The (1966) International Covenant on Civil and Political Rights Article 7 states:
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Its Article 10 states:
” All persons deprived of their liberty shall be treated with humanity….”
The (1984) UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is explicit in all its provisions. It prohibits torture and degrading treatment of all kinds against anyone for any purpose without exception.
Various other international laws affirm the same thing, including the UN Charter with respect to human rights, 1945 Nuremberg Charter on crimes of war and against humanity, the (1948) Universal Declaration of Human Rights, the (1988) UN Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment, the UN (1955) Standard Minimum Rules for the Treatment of Prisoners, and (1990) UN Convention on the Rights of the Child. So does Article 5 of the International Criminal Court’s (ICC) Rome Statute with regard to crimes of war and against humanity. Torture is such a crime – the gravest of all after genocide.
Continued . . .
Peaceful dissidents continue to be locked up for speaking out, while convicted criminals get amnesty. Apparently the government considers reform advocates a greater danger to their authority. 
Peace and Justice Post 
China urged to release scholar Liu Xiaobo
December 24, 2008Liu Xiaobo has been detained for over two weeks
© Private
Amnesty International, 23 December 2008
Liu Xiaobo has been detained for over two weeks without the Chinese authorities releasing information about his arrest. Anyone held for longer than 14 days without formal arrest is considered a “major suspect” by Chinese criminal procedure law.
Charter 08, initially signed by approximately 300 Chinese scholars, lawyers and officials, proposes a blueprint for fundamental legal and political reform in China, with the goal of a democratic system that respects human rights. Since the Charter 08 launch, Chinese authorities have questioned and harassed numerous signatories, but Liu Xiaobo remains the only known signatory in detention.
Amnesty International has urged China’s authorities to release Liu Xiaobo immediately. Liu Xiaobo is one of China’s best-known dissidents. He was arbitrarily detained twice previously for his writings and his support of the 1989 pro-democracy movement in Beijing, when he spent several years in detention.
“If Liu Xiaobo is to ultimately be charged with state security crimes, it would be yet another example of how Chinese authorities are using the criminal law to squash pleas for reform,” said Roseann Rife, Deputy Director of Amnesty International’s Asia Pacific Programme.
Chinese authorities seized Liu Xiaobo at his home in Beijing on 8 December, two days before the Charter 08 planned launch, which was timed to coincide with the 60th anniversary of the Universal Declaration of Human Rights.
Amnesty International has called on the authorities to make public any information about his alleged crimes, the charges against him and his current whereabouts. Liu Xiaobo should also be allowed full access to legal counsel of his choice.
The police failed to give Liu Xiaobo’s family information about where he was detained or to provide a detention notice within 24 hours. These are both violations of the Criminal Procedure Law and the public security regulation regarding the procedures for handling criminal cases. Liu’s family-appointed lawyer has been unable to speak with Liu Xiaobo.
“The Chinese authorities must stop the ongoing harassment, detention, prosecution and imprisonment of Chinese human rights defenders and activists who peacefully exercise their constitutional rights to freedom of expression and association,” said Roseann Rife. “We urge that that they free Liu Xiaobo immediately.”
Read More
Online petition for release of Liu Xiaobo
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Tags:arrest, Charter 08, Chines authorities, Liu Xiaobo, Universal Declaration of Human Rights
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