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The role of torture in recent Iranian politics is the subject of Ervand Abrahamian's important and disturbing book. Although Iran officially banned torture in the early twentieth century, Abrahamian provides documentation of its use under the Shahs and of the widespread utilization of torture and public confession under the Islamic Republican governments. His study is based on an extensive body of material, including Amnesty International reports, prison literature, and victims' accounts that together give the book a chilling immediacy. According to human rights organizations, Iran has been at the forefront of countries using systematic physical torture in recent years, especially for political prisoners. Is the government's goal to ensure social discipline? To obtain information? Neither seem likely, because torture is kept secret and victims are brutalized until something other than information is obtained: a public confession and ideological recantation. For the victim, whose honor, reputation, and self-respect are destroyed, the act is a form of suicide. In Iran a subject's "voluntary confession" reaches a huge audience via television. The accessibility of television and use of videotape have made such confessions a primary propaganda tool, says Abrahamian, and because torture is hidden from the public, the victim's confession appears to be self-motivated, increasing its value to the authorities. Abrahamian compares Iran's public recantations to campaigns in Maoist China, Stalinist Russia, and the religious inquisitions of early modern Europe, citing the eerie resemblance in format, language, and imagery. Designed to win the hearts and minds of the masses, such public confessions—now enhanced by technology—continue as a means to legitimize those in power and to demonize "the enemy."
3 The Islamic Republic
Torture is indisputably abhorrent. Why, you might ask, would you even want to think or read about torture? That is a very good question, and one this book addresses in a compelling and enlightening way. Torture is a very important issue, not least because millions of people around the world have been subjected to this odious practice—and many are enduring torture right now as you read these words.
How did the United States, a nation known for protecting the “right to remain silent” become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another? In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence. Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals. From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.
The role of torture in recent Iranian politics is the subject of Ervand Abrahamian's important and disturbing book. Although Iran officially banned torture in the early twentieth century, Abrahamian provides documentation of its use under the Shahs and of the widespread utilization of torture and public confession under the Islamic Republican governments. His study is based on an extensive body of material, including Amnesty International reports, prison literature, and victims' accounts that together give the book a chilling immediacy. According to human rights organizations, Iran has been at the forefront of countries using systematic physical torture in recent years, especially for political prisoners. Is the government's goal to ensure social discipline? To obtain information? Neither seem likely, because torture is kept secret and victims are brutalized until something other than information is obtained: a public confession and ideological recantation. For the victim, whose honor, reputation, and self-respect are destroyed, the act is a form of suicide. In Iran a subject's "voluntary confession" reaches a huge audience via television. The accessibility of television and use of videotape have made such confessions a primary propaganda tool, says Abrahamian, and because torture is hidden from the public, the victim's confession appears to be self-motivated, increasing its value to the authorities. Abrahamian compares Iran's public recantations to campaigns in Maoist China, Stalinist Russia, and the religious inquisitions of early modern Europe, citing the eerie resemblance in format, language, and imagery. Designed to win the hearts and minds of the masses, such public confessions—now enhanced by technology—continue as a means to legitimize those in power and to demonize "the enemy."
With his colleagues at the People’s Law Office (PLO), Taylor has argued landmark civil rights cases that have exposed corruption and cover-up within the Chicago Police Department (CPD) and throughout the city’s political machine, from aldermen to the mayor’s office. [TAYLOR’s BOOK] takes the reader from the 1969 murders of Black Panther Party chairman Fred Hampton and Panther Mark Clark—and the historic, thirteen-year trial that followed—through the dogged pursuit of chief detective Jon Burge, the leader of a torture ring within the CPD that used barbaric methods, including electric shock, to elicit false confessions from suspects. Taylor and the PLO gathered evidence from multiple cases to bring suit against the CPD, breaking the department’s “code of silence” that had enabled decades of cover-up. The legal precedents they set have since been adopted in human rights legislation around the world.
This is the most comprehensive, and most comprehensively chilling, study of modern torture yet written. Darius Rejali, one of the world's leading experts on torture, takes the reader from the late nineteenth century to the aftermath of Abu Ghraib, from slavery and the electric chair to electrotorture in American inner cities, and from French and British colonial prison cells and the Spanish-American War to the fields of Vietnam, the wars of the Middle East, and the new democracies of Latin America and Europe. As Rejali traces the development and application of one torture technique after another in these settings, he reaches startling conclusions. As the twentieth century progressed, he argues, democracies not only tortured, but set the international pace for torture. Dictatorships may have tortured more, and more indiscriminately, but the United States, Britain, and France pioneered and exported techniques that have become the lingua franca of modern torture: methods that leave no marks. Under the watchful eyes of reporters and human rights activists, low-level authorities in the world's oldest democracies were the first to learn that to scar a victim was to advertise iniquity and invite scandal. Long before the CIA even existed, police and soldiers turned instead to "clean" techniques, such as torture by electricity, ice, water, noise, drugs, and stress positions. As democracy and human rights spread after World War II, so too did these methods. Rejali makes this troubling case in fluid, arresting prose and on the basis of unprecedented research--conducted in multiple languages and on several continents--begun years before most of us had ever heard of Osama bin Laden or Abu Ghraib. The author of a major study of Iranian torture, Rejali also tackles the controversial question of whether torture really works, answering the new apologists for torture point by point. A brave and disturbing book, this is the benchmark against which all future studies of modern torture will be measured.
This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.
Reassessing the role of torture in the context of police violence, mass incarceration, and racial capitalism At the midpoint of a century of imperial expansion, marked on one end by the Philippine–American War of 1899–1902 and on the other by post–9/11 debates over waterboarding, the United States embraced a vision of “national security torture,” one contrived to cut ties with domestic torture and mass racial terror and to promote torture instead as a minimalist interrogation tool. Torture in the National Security Imagination argues that dispelling this vision requires a new set of questions about the everyday work that torture does for U.S. society. Stephanie Athey describes the role of torture in the proliferation of a U.S. national security stance and imagination: as U.S. domestic tortures were refined in the Philippines at the turn of the twentieth century, then in mid-century counterinsurgency theory and the networks that brought it home in the form of law-and-order policing and mass incarceration. Drawing on examples from news to military reports, legal writing, and activist media, Athey shows that torture must be seen as a colonial legacy with a corporate future, highlighting the centrality of torture to the American empire—including its role in colonial settlement, American Indian boarding schools, and police violence. She brings to the fore the spectators and commentators, the communal energy of violence, and the teams and target groups necessary to a mass undertaking (equipment suppliers, contractors, bureaucrats, university researchers, and profiteers) to demonstrate that, at base, torture is propelled by local social functions, conducted by networked professional collaborations, and publicly supported by a durable social imaginary.
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.