Torture not an effective evidence extraction tool

Sep 16, 2011

I often read about torture cases in the media and wonder whether this method is effective in providing reliable information.

By Nodin Muzee

I often read about torture cases in the media and wonder whether this method is effective in providing reliable information.

Some forms of torture entail the so called enhanced interrogation techniques such as water boarding, which is simulated drowning, sleep deprivation that involves very prolonged periods without sleep, stress positions that involve putting suspects in very uncomfortable positions for extended periods of time and sensory deprivation.

Unfortunately, these methods lead to suspects giving false confession in order to avoid further physical pain, or to be allowed to sleep, or go home. Criminal psychologists argue that appropriate conversation management helps an investigator to cope with a suspect who is resisting.

This strategy entails: respect for the person, empathy, supportiveness, a none-judgmental attitude, straightforward talk and a conversational style signaling a commitment to talk across as equals, not up down or as pseudo equals.’

The scientific research also claims that for a suspect to confess willingly, you must meet the following nine preconditions;
1 ‘direct positive confrontation’
2 ’theme development’
3 ’handling denials’
4 ’overcoming objections’
5 ‘procurement and retention of a suspect’s attention’
6 ’handling the suspect’s positive mood’
7 ‘handling the suspect’s resenting alternative questioning’
8 ’having the suspect orally relate various details of the offence’
9 ‘converting an oral confession to a written confession’.

So torture does not work and will only expose you to law suits and result in compensation claims being paid out to victims,.

Ultimately, governments can never afford to alienate the population by using counter productive policies such as torture.

This breads hatred and resent and this is one of the reasons revolutions, terrorism and political violence take hold. Good examples of this theory playing out are the revolutions in Egypt, Libya, Tunisia and the crackdown on demonstrators in Syria.

You would think political leaders have learned that you may confine a human being to a prison cell, but the true power comes in being able to control what is in their hearts and minds.


The writer is a criminologist and security consultant

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