Adam Chilton on the Failure of Constitutional Torture Prohibitions

The Failure of Constitutional Torture Prohibitions

Last December, the release of the Senate Torture Report shocked the world. But although the C.I.A.’s use of torture had been more brutal and extensive than previously reported, researchers who study human rights were not surprised to see more evidence that a government—even a democratic one—frequently engages in torture. In fact, there is data suggesting that in 2011, of the 107 democracies in existence, 40 frequently engaged in torture and another 41 occasionally engaged in torture.

It’s troubling that these numbers remain so high despite the fact that reducing torture has been one of the primary goals of the modern human rights movement. Among other efforts, countries have been persuaded and coerced into enshrining a right against torture in their highest and most fundamental legal document: the constitution. In recent research, however, we show that constitutional torture prohibitions have failed to reduce torture.

The first human rights document to prohibit torture was England’s Bill of Rights Act of 1689, which stated that “excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.” The graph below shows that the number of countries with constitutional torture bans has skyrocketed in the past three decades. Today, about 84 percent of the world’s constitutions prohibit torture.

Read more at The Washington Post