Posted: June 1st, 2015
free of touture
find the case in the attached file :
You should answer the questions by discussing the ethical considerations at hand and by demonstrating your knowledge from the course. All views are accepted BUT they need to be justified and argued for.
Case study on the right to be free from torture
A group of terrorists has placed a bomb in a shopping centre in the capital of the State “Lawful”. They make an announcement on a well-known media website declaring their intention to detonate the bomb in 8 hours. At that day there are 7,000 people in the centre. They also threatened the police authorities that, if they attempt to evacuate the centre, they will detonate the bomb earlier.
Police authorities become alerted and they start their investigation. After 2 hours the leading detective has only come up with a suspect against whom there is circumstantial evidence of being involved in the plot. The detective arrests the suspect and interrogates him. However, the suspect firmly denies any involvement in the case. The investigation proceeds but no further leads or evidence sheds light on the case. The detective is still interrogating the suspect and he is not sure whether or not he is indeed involved. Having left with 3 hours until the bomb detonates, the detective considers of giving the suspect electroshocks hoping that he will admit his possible involvement and provide invaluable information.
The police authorities manage to deactivate the bomb and secure everybody in the building with no casualties. The 2 individuals in the shopping mall suspected of having set up the bomb were killed by police enforcement personnel during the process of securing the bomb. The suspect in custody is transferred in prison and waits to stand on trial charged with a series of serious criminal law offences. He complaints that the police authorities tortured him during the interrogation by using the five techniques on him.
a) Discuss whether torture by police authorities is permitted in such circumstances. Discuss your views by supporting them on the knowledge acquired in class and the ethical considerations at hand.
b) If this individual comes to your law firm and asks from you to take his case and defend him in court, what would you do? Would you take his case to defend his innocence against the criminal law charges and also defend him as a torture victim?
please understand the case carefully and write your opinion with a prove and justifying it . I have attached the lecture we have taken in the class about torture.
Article 1, para. 1 Convention against Torture
‘’For the purposes of this Convention, the term “torture”
means 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 or 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.’’
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