1111 April 22, 2017

JD4101 Legal Techniques and Logic

Random Thoughts Against Torture

As far as I know about torture, torture is intentionally inflicting to any man or any sentient being
unnecessary pain. Legally, many statutes have been passed worldwide barring or penalizing any person
who inflicts such to another. Morally, any form of harming is immoral and consequently, torturing is
therefore against the tenets of morality.

Let us now talk about why one must advocate against the proliferation of torture.

Torture may be committed in various forms. It may be done physically, mentally or emotionally.
It is committed not just to impose capital punish but also to investigate and make the person subject to
the torture confess.

Physical torture may be done by continually beating, punching, kicking or striking someone. In
ancient Beijing, many executions are done by slowly slicing different parts of the body until the victim is
dead. The Catholic Church is also guilty of inflicting torture to men. During the Inquisition, the Church
condemned many heretics and suspected witches to be burned to death. In the Middle Ages, before
criminals are executed, they were usually whipped, have had their finger nails, toenails and teeth pulled
out, thumbs crushed and other acts in order to inflict agonizing pain. During the Nazi regime, the Jews
were also victims of physical torture by depriving them of food before they were sent to their death
inside the gas chambers.

Torture may also be done mentally through threatening someone or any of his loved ones with
any harm. It may committed by blindfolding or denying someone any sleep or rest. I remember in one of
the criminal cases that I have, being raped beside the corpse of the victims husband is not just a form of
physical torture, it is also mental. Also, humiliating someone publicly is a form of mental or psychological
torture because of the pressure that public scrutiny which is imposed on him.

For another, I believe that there is also emotional torture. It is committed by playing with
someones feelings or emotions. For example, when a woman suggests to her lover that she also loves
him and then later on suggests the contrary. In such case, the man is undergoing emotional torture
because his emotions are being played by his beloved.

In local history, we have witnessed the evils that torture bring. During the Marcos Era, many
people were subjected to various treatments of torture. Those who are perceived to oppose the
government were kidnapped and were made to lay naked on ice, were electrocuted, raped, have their
head submerged underwater and threatened to be executed in order to make them stop opposing or
expressing their views against the Government.

For such reasons, various laws have been enacted in order to penalize torture. International law
expressly provided that any evidence obtained through torture may not be validly invoked in any
proceeding. Locally, our legislators have enacted Republic Act No. 9745 or the Anti-Torture Act of
2009.

Personally, I am well pleased because various nations have recognized that torture must be
stopped.
 As humans, we are capable of understanding how our universe works. We are, according to the
German philosopher Gottfried Wilhelm Leibniz, spirits or rational souls. With our reason, an obligation
to respect and follow the different laws are imposed upon us. Inflicting unnecessary pain is a complete
disrespect and utter disregard to the laws of nature. That is why torturing, in order to reach a goal, is not
just contrary to our statutes and morality it contradicts our humanity.