torture

Mobilizing public resources for victims of human rights violations

Lrubenstein — Thu, 07 Aug 2008 12:44:05 -0500

ICAR Foundation in Romania mobilized public resources for the victims of human rights violations in order to get the State to take full responsibility for its actions by acknowledging and treating former political prisoners justly and humanely. Over nearly a decade, ICAR succeeded in getting the State to use public resources to assist in providing first the physical premises for torture treatment centers, and then the right to free medicine and insurance coverage for the specialized care and services that torture survivors required.

ICAR’s tactic is part of a larger strategy to get a nation to take responsibility for its past in order to build a better future. Many of the torturers from communist-era Romania have escaped with impunity, and some now occupy influential positions in society. The victims face a society where substantial forces would prefer to forget the past—and its victims—rather than learn from that past in order to build a deeper civil commitment to democracy and human rights.

This tactic involves a number of steps:
-- Gaining the trust of the target group
-- Identifying unmet needs
-- Clarifying which government agencies or authorities to approach
-- Strengthening networks and relationships
-- Adapting to changes within target group and government

For ICAR, the process began with an effort to gain the trust of former political prisoners. This was accomplished by showing survivors that the organization understood that their needs were integrated, requiring medical, psychological, and societal efforts to overcome the damage inflicted by the past. ICAR collaborated with the Romanian Association of Former Political Prisoners, AFDPR, an increasingly active group that comprised 65,000 of an estimated 100,000 survivors of political persecution.

In choosing to develop rehabilitation services, it became clear that unmet needs included access to medical professionals committed to survivors, an appropriate physical space to provide services, financial support for services, and legislative support. In order to meet these needs, ICAR targeted re-emerging leaders of historic parties, civil servants and state officials at city, municipal and state agencies, the General Medical Council, Ministry of Health, medical professionals and external laboratories and specialty clinics. To support the cause, ICAR also created alliances with other small civil society organizations, the media and the International Rehabilitation Council for Torture Victims (IRCT) in Denmark.

Over time, ICAR succeeded in mobilizing substantial contributions from public Romanian resources to the specialized services for our target group. In human terms it has allowed the organization to provide continued quality medical care and rehabilitation to a substantial number of the hardest hit individuals among the former political prisoners in three Romanian cities.

ICAR’s experience is instructive for any group that is trying to get the state to take responsibility for the provision of a service, which a specific group has a right to receive. There may be many other areas where such pressure on and collaboration with the state could result in positive results, such legal services or education. Many campaigns could work for public sympathy and broad-based political support, while also mobilizing individual allies inside the system through informal channels and direct personal contact.
Use of this tactic requires an examination of the relationships and alliances needed for the issue and context being explored. It is important to thoroughly research the potential areas of public resources that may already be available or could be expanded, as well as developing new lines of public resources. This will provide a good starting point from which to build the relationships and alliances for the target population, but also gives direction for what systems, agencies, legal or legislative supports are necessary in order to move forward. Adjustment and adaptation is critical in each area to keep pace with the new relationships, alliances and supports needed in order to keep building and strengthening the public resources being mobilized toward a particular issue or constituency.

Performing independent postmortem examinations to document cases of torture

Lrubenstein — Wed, 06 Aug 2008 15:08:58 -0500

The Independent Medico-Legal Unit (IMLU) is a network of independent doctors and lawyers who provide independent postmortem examinations of suspicious deaths in the hands of law enforcement agencies and to document suspected cases torture and provide medical and legal aid to prisoners and survivors of torture. The IMLU was established in 1995, at the height of ethnic clashes in Kenya believed to have been perpetrated by powerful individuals in the government. Around the same time, the Kenya Medical Association issued a press statement asserting that no torture took place in Kenya after IMLU officials were quoted by sections of International press alleging torture inflicted on some of the convicts in police custody.

IMLU first organized their network through lobbying for the formation of professional standing committees, namely the Kenya Medical Association Standing Committee on Human Rights and the Law Society of Kenya Committee on Human Rights. Once the committees were established, the IMLU developed ongoing workshops for members to enhance the capacity of health workers and lawyers to deal specifically with torture issues. The workshops take place all over the country and IMLU tries to visit all the major towns once every two years. The workshops address topics such as defining human rights, building relationships with the Prison Department, and educating professionals and government officials on human rights statutes and violations.

In order to reach victims and families of victims of torture, IMLU also networks with various religious bodies, lawyers, doctors and NGOs throughout Kenya who refer clients to IMLU. Clients who want a postmortem on family members first complete a Post-Mortem Request Form and, because of IMLU’s network throughout the country, doctors who live nearest to the victim quickly administer postmortems. Results are carefully documented according to medical and legal guidelines.

IMLU encourages clients to seek legal redress when evidence of torture is discovered. For clients who cannot afford a lawyer, IMLU refers them to a network of lawyers and NGOs providing pro bono legal services. Their goal is to pursue public interest cases that will set a precedent against the use of torture and send a message to perpetrators of torture.

Despite generous funding by the various donors, the demand on IMLU’s services often exceeds their financial capacity to support victims of torture. Another difficulty for IMLU is the slow response of lawyers to victims in rural Kenya, due to the fact that most lawyers reside in Nairobi. With the help of Royal Netherlands Embassy, IMLU intends to establish a rapid response team which will include an in-house lawyer.

IMLU has also experienced police interference and intimidation in postmortem documentation. In such cases, IMLU has joined with other NGOs to publicize these issues by releasing press statements that condemn interference and bringing legal action against police intimidation before the courts. With the change of government, the doctors now feel more secure as IMLU tries to document to the highest standards and ensure that before doctors issue press statements on alleged torture that there is adequate evidence and allegations can be substantiated.

Because of IMLU’s continued efforts to expose torture in Kenya, several torture cases have been taken to court, resulting in increased interest in the well-being and treatment of prisoners. Moreover, prison authorities are now demonstrating an interest in better prison conditions by reducing the use of physical punishment or torture.

Summary completed on February 6, 2003.

Training local NGOs to help them build stronger relationships with the individuals they are trying to help

Lrubenstein — Wed, 06 Aug 2008 13:32:47 -0500

The International Catholic Migration Commission (ICMC) trains local NGOs on counseling skills and awareness on the impact of torture so that they will develop better relationships based on trust, compassion, and caring with victims of torture. In doing so, ICMC provides local advocacy NGOs with the ability to build stronger relationships with the individuals they are trying to help.

    The provinces of Aceh and Papua have suffered enormous human rights violations at the hands of the two sides in conflict, the Indonesian government and pro-independence groups; however, both parties are very reluctant to admit the use of torture. Indonesian NGOs have tried their best to bring human rights abuses cases to light in order to shame the government and to prevent the government from committing such violations again. NGOs take the approach of advocacy—sometimes coaxing the victims too much to try to go for redress— and are not trained to look at the issue from their clients’ perspective, their needs, and their rehabilitation.

    After a targeted needs assessment, ICMC began training courses for seven local NGOs in Aceh and six for local NGOs in Papua. The training focused on:

awareness on torture: its definitions and aims;
consequences of torture;
needs of torture survivors;
basic counseling skills;
documentation of torture;
counseling torture and trauma survivors;
monitoring client improvement.

The first two-day training session focused on awareness on torture, the aim and mechanism of the ICMC Survivors of Torture program, and criteria for the disbursement of small grants. After this initial training session, interested NGOs submitted proposals for the grants.

In addition to the small grants program, many NGOs asked ICMC to provide intensive training in counseling skills for working with torture survivors. Consequently, ICMC arranged a five-day counseling training course to take place both in Papua and Aceh. In order to provide closer supervision and support to NGO partners who underwent the counseling skills training, the ICMC team conducts monthly two-day follow up workshops in Aceh and Papua as well. These workshops function as a forum for NGOs to share their experiences and to learn from each other. Based on the needs identified during the follow up workshop sessions, ICMC provides advanced training in mental health issues associated with torture and trauma. In addition, the program has also set up an E-mail 'list serve' by which trainees from different regions can share their queries and initiate discussions on the counseling of torture survivors. ICMC staff moderate the 'list serve'.

     ICMC has also helped these local NGOs by training them on how to document torture in a systematic and comprehensive manner. This documentation process includes information on why and how the torture occurred, and not just documenting when and where it happened. According to ICMC, following this international standard will recognize the local NGOs’ work in the eyes of the international communities.

    ICMC’s work has enabled local advocacy NGOs to build relationships with victims of torture based on trust and caring. In addition, counseling has increased the victims’ willingness to be involved in some form of legal prosecution against the human rights perpetrators.

    In implementing this tactic in another context, it is important to 1) take into consideration the financial aspects of the training, 2) make a need assessment before starting the training, and 3) regularly supervise and support these local NGOs after training has been provided.

    This tactic becomes an example for training organizations working in the areas of sex trafficking, rescue, child labor, and abuse.

Completed June 16, 2003.

Article 2: Approaching Truth: Behavioral Science Lessons on Educing Information from Human sources

belus002 — Thu, 01 May 2008 16:27:52 -0500

Article 2: Approaching Truth: Behavioral Science Lessons on Educing Information from Human sources

Randy Borum, Psy.D.

University of South Florida

November 2005

Theses: “Essentially none of the interrogation techniques used by U.S. personnel over the past half-century has been subjected to scientific or systematic inquiry or evaluation, and the accuracy of educed information can be compromised by the way it is obtained” (Educing, p. 17). Few empirical studies “directly address the effectiveness of interrogation…in generating accurate and useful information from…uncooperative persons” (Educing, p.18). “Educing information from a human source requires some understanding of how people in general acquire, process, store, and retrieve information. Without this knowledge, it is possible to misinterpret or even contaminate stored information so that not even the source can any longer discern the ‘real truth’” (Educing 31).

“The potential mechanisms and effects of using coercive techniques or torture for gaining accurate, useful information from uncooperative sources are much more complex than is commonly assumed. There is little or no research to indicate whether such techniques succeed in the manner and context in which they are applied” (Educing p. 19, 35)
“The accuracy of educed information can be compromised by the manner in which it is obtained. The effects of many common stress and duress techniques are known to impair various aspects of a person’s cognitive functioning, including those functions necessary to retrieve and produce accurate, useful information” (Educing, p.31-32, 35).
“Psychological Theory and some…related research suggest that coercion or pressure can actually increase a source’s resistance and determination not to comply. [T]here is no available scientific or systematic research to suggest that coercion [or pain (Educing, p. 33)] can, will, or has provided accurate useful information” (Educing, p.25-28, 35).
Previous research on persuasion, influence, compliance, and resistance have focused mostly on Western cultures and their populous (Educing, p.35). Social science findings suggest that “patterns, meanings and modes of” (Educing, p. 35) interaction could be different in non-Western cultures. Therefore, no clear scientific basis exists to believe that “results and insights [or tactics] will apply equally or evenly across cultures” (Educing, p. 36). Results may vary depending on the place or culture of origin of the subject.
It has not been scientifically determined whether translators affect results or accuracy of information given by subjects. “[E]ffects and/or implementation of interpersonal strategies may be different when using a translator as a conduit for communication [or educing information]” (Educing, p.36).
There are six factors that are most consistent in affecting influence among persons, particularly during interrogation situations, are reciprocity between both parties, scarcity or limited other options for subject, liking or fondness for interrogator, a sense of authority, commitment/consistency of interrogator to subject, and social validation of subject through interview (Educing p.22-24).

Brief points of research-based evidence:

A British study of 100 detectives found that almost half, about 42%, believed that an interviewer’s failure to establish rapport with a suspect contributed to a suspect’s denial. Thus, good rapport must be established with interviewer/interrogator for suspect to typically confess (Educing, p.22).
Through social scientists examinations, they have found that “likeability” is a main factor affecting the successful and accurate eduction of information (Educing, p.23).
“Social science research suggests that people are more likely to be influenced by the arguments of a person whom they perceive as an authority or an expert” (Educing, p. 23).
Research suggests that “fear may motivate an enemy source to ‘talk,’ but not necessarily to provide accurate intelligence” (Educing, p.25).
Research from North America and China show that coercive influence strategies can cause a target to feel disrespected, whereas rational persuasion, or “avoidance of pressure,” can increase the likelihood that a target will interact and commit to the discussion (Educing, p.25).
Research over the last forty years shows that the use of “mild distraction” during interrogation/interviews “can occupy the target’s attention…diminishing his/her resources available to counter-argue or critically analyze” (Educing, p.29).

Suggestion by author for eduction of information: “Constructing a conceptual model of ‘U.S.’ information eduction could provide a platform to label and identify actors, elements, actions, dynamics, and effects to describe and conceptualize the process” (Educing, p.36); therefore, improving accuracy and efficacy of information/confessions given by subjects.

Hamburg, Dr. Margaret A., et al. Educing Information: Interrogation: Science and Art foundations for the Future. Intelligence Science Board Phase 1 Report. Washington D.C.: National Defense Intelligence College, 2006.

Educing Information Main Page

Educing Information Summary Report Main Page

belus002 — Thu, 01 May 2008 16:06:37 -0500

EDUCING INFORMATION:
INTERROGATION: SCIENCE AND ART
FOUNDATIONS FOR THE FUTURE

Intelligence Science Board Phase 1 Report
National Defense Intelligence College
Washington D.C.
December 2006

Educing Information was created by the National Defense Intelligence College in 2006 to gather the most current research on interrogation. The full report can be accessed here (caution: this is a large document and may take a few minutes to load).
Below are summaries of each study published in Educing Information. These summaries serve as tools for identifying the main points, as well as to deepen our understanding of current interrogation research and issues.

Forward Summary

Prologue Summary

Commentaries Summary

Article 1: The Costs and Benefits of Interrogation in the Struggle Against Terrorism

Article 2: Approaching Truth: Behavioral Science Lessons on Educing Information from Human Sources

Article 3: Research on Detection of Deception: What We Know vs. What We Think We Know

Article 4: Mechanical Detection of Deception: A Short Review

Article 5: KUBAK Counterintelligence Interrogation Review: Observations of an Interrogator--Lessons Learned and Avenues for Further Research

Article 6: Custodial Interrogations: What We Know, What We Do, and What We Can Learn from Law Enforcemnt Experinces

Arti cle 7: Barriers to Success: Critical Challenges in Developing a New Educing Information Paradigm

Article 8: Negotiation Theory and Practice: Exploring Ideas to Aid Information Eduction

Article 9: Negotiation Theory and Educing Information: Practical Concepts and Tools

Article 10: Options for Scientific Reasearch on Eduction Practices

International Capacity Building Project Partners

psantoso — Wed, 05 Dec 2007 15:59:08 -0600

Malaysian High Court Stands Up Against Torture

npearson — Mon, 29 Oct 2007 14:44:15 -0500

In a recent e-newsletter I received from FORUM-Asia I was very excited to see highlighted a "landmark case in Malaysia granting a [human rights activist who was a] former detainee RM 2.5 million (about US $ 0.74 million) for his detention and torture in 1998 under Malaysia’s highly controversial Internal Security Act (ISA).

Abdul Malek Hussein, who now heads polls watchdog Malaysians for Free Elections (Mafrel), was detained for 57 days under the draconian act for addressing a demonstration at the height of Malaysia’s Reformasi movement, which was sparked by the controversial sacking of then deputy prime minister Anwar Ibrahim.

The Kuala Lumpur High Court Judge Mohd Hishamudin Mohd Yunus ruled that Abdul Malek’s arrest and detention were made in bad faith under Article 5 of the Federal Constitution. He added that the nature of the interrogation was clearly for a political purpose, and was not based on genuine concern for national security."

For the full artlcle see: http://www.forum-asia.org/index.php?option=com_content&task=view&id=1160&Itemid=131

As one can see, the wheels of justice turn slowly. Abdul Malek Hussein was detainined in 1998. He was drawing close to a decade long struggle. For too many, this justice has never arrived. But this case provides hope because this is a landmark not only for Malaysia but for all those seeking justice. The point is not the monetary reparations provided, the real point is the acknowledgment that the detention, ill-treatment and torture were wrong. It sends a tremendous signal to the government that the high court of justice in Malaysia stands against this behavior and is requiring the government to pay for this wrongful behavior. We work for the day when courts in every country around the world take this stand against torture.

The Center for Justice and Accountability in the United States has also worked tirelessly to bring torturers to justice. I hope these rulings inspire others to act against impunity.

Together We Are Stronger

bharris — Fri, 25 May 2007 20:08:19 -0500

Together we are Stronger

By Erika Bocanegra, Coordinadora Nacional de Derechos Humanos, Perú
Download full notebook in English and Spanish below.

Peru’s Coordinadora Nacional de Derechos Humanos (National Coordinator for Human Rights, CNDDHH) is globally recognized as one of the most successful and effective coalitions in the world. We always talk about the importance of bringing ourselves together in order to have more strength and greater impact, but few have been able to achieve this as successfully as the Coordinadora.

Unfortunately, the global experience of the human rights movement is filled with coalitions that have failed as a result of division as well as lack of advocacy. This notebook analyzes the characteristics of a strong coalition and shows how to successfully fight against an authoritarian government, like that of Fujimori in Peru the 1990s.

The Coordinadora is a coalition of 63 human rights organizations in Peru. Founded in 1985, it has survived by its ability to join together and adapt itself to the changing political environment. The Coordinadora is composed of diverse organizations–urban and rural, Catholic and Evangelical church groups, national and regional focuses, among others. This broad variety in institutional profiles has legitimized CNDDHH at both the national and international level.

Among the strengths that have made the Coordinadora a significant reference point for the defense and promotion of human rights in Peru, and throughout the Americas, is the ability to make innovative political decisions while maintaining its unity, adhering to principles that guide their actions and utilizing mechanisms to find agreement about priorities in order to act with coordination because "together we are stronger."

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Uncovering the Evidence

bharris — Fri, 25 May 2007 20:08:19 -0500

Uncovering the Evidence

by Luis Fondebrider

Download full notebook in English and a brief summary in Armenian and Russian below.

Forensic science has been a powerful tool in the scientific documentation of human rights violations around the world, and especially in Latin America. The Argentine Forensic Anthropology Team has been in the forefront of efforts to train human rights NGOs to use forensic tools to advance their investigations, to provide more support for victims and to strengthen the credibility of their work against impunity. EAAF uses independent investigations to mobilize and persuade both local and international audiences. The information obtained can also provide useful evidence for future prosecutions. This notebook addresses how human rights organizations can make optimal use of forensic science to advance their work for justice and against impunity.

Over the last fifteen years, the scientific investigation and documentation of human rights violations has become a valuable tool in the search for truth and justice in societies emerging from periods of political, ethnic and religious violence. Forensic expertise has served human rights investigations led by official justice systems of states, historical truth-seeking processes, international tribunals and commissions and human rights NGOs. A forensic scientist can answer some questions with a certain degree of precision:

Was the person tortured?
What was the cause of death?
Was the death accidental or intentional?
Can the unearthed bodies be positively identified?

Such answers offer victims’ families and the judicial process convincing proof of what happened. In an objective, concrete way, scientific analysis complements the testimony of a witness, a photograph or a document related to an incident. This kind of scientific evidence may prove to be fundamental for a ruling on whether an accused person is innocent or guilty. In cases of rape, for example, it can be crucial to discover traces of semen that can be compared with the genetic pattern of the accused person. In recent years, the application of the forensic sciences has had a significant impact in countries where abuses were committed by the government or agencies connected to it, be it for political or other reasons. Official versions of events, often false, can be contrasted with physical evidence and their analysis. This allows a tribunal to establish, for example, that a group of people was executed, and in fact did not die in an armed encounter. In this tactical notebook we show how families of victims, their communities and the organizations that they form–human rights NGOs–can use the forensic sciences in their struggle for truth and justice and prevent the impunity that those responsible for human rights abuses often enjoy.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

Sending Out an SMS: A rapid-response mobile phone network engages a youth constituency to stop torture fast

bharris — Fri, 25 May 2007 20:08:14 -0500

Sending Out an SMS

by Anneke Bosman

Download full notebook below.

Amnesty International-Netherlands recognized the power of text-messaging technology (also known as short-messaging service, or SMS) to attract new members, build awareness of the campaign against torture and engage new people in quickly responding to cases of torture through Urgent Action appeals. The initial result was 520 new members gained directly from SMS participation with over 5,000 additional people becoming active in the SMS urgent action campaign. This notebook puts special emphasis on how Amnesty took advantage of SMS technology to build a new constituency among young people.

Golden Misabiko, a journalist in the Democratic Republic of Congo, was arrested and imprisoned without any charge in January 2001. It was feared he would be tortured. Amnesty International sent out an Urgent Action to members all over the world. We, at the Dutch section, sent out a text message to 8,000 cell-phone users in the Netherlands who participate in our new text-message alert network. Within 48 hours we sent a protest fax with thousands of signatures to the authorities in the DRC. Golden was released in May 2001. He had not been tortured. Golden wrote to Amnesty, "When I heard in prison that Amnesty campaigned for my release I knew: Je vais sortir (I will be released)." And so it happened.

Amnesty International has found a new "weapon" to use in its battle against torture: cell-phone text messages. These messages of up to 160 characters and transmitted by cell phone are known in many countries by the acronym SMS, which stands for "short-messaging service." With these messages, protests can be gathered faster than ever, enabling Amnesty International to take action against torture and other abuses more quickly. About 39 percent of the cell-phone campaigns conducted by Amnesty in 2002 were successful. Prisoners of conscience were released, people who had "disappeared" were found and death sentences were not carried out.

Cell-phone campaigning also has a special appeal for youth, and we found this campaign attracted new younger members into Amnesty in a way that other outreach and activities had not. Young people are the most frequent and numerous cell-phone users, and it is young people that Amnesty wants to reach. Young people do want to campaign for causes they believe in, but like anyone else, they prefer to do so in a way that is consistent with their lifestyles and habits. By using this popular tool of youth culture, Amnesty draws in new activists who will add to its campaigning power for a long time to come.

In this tactical notebook I will describe how we developed this text-message alert network in the Netherlands and how it helped attract a new constituency of support. To understand this alert method, one must also understand Amnesty’s previous methods to involve its membership in responding to human rights abuse around the world. All Amnesty campaigns have a dual function. They direct a focused response to a place in the world where someone needs help, using simple actions that large numbers of people can participate in and know they are making a difference. At the same time, these campaigns educate the public and build a global consciousness about human rights abuses such as torture. The text-messaging campaign adds something new to both objectives. It can generate a faster response to help the victim, while at the same time expanding Amnesty’s educational impact to a new constituency.

*Note: You need Adobe Acrobat Reader to open the files marked with an asterisk (*). You can download a free version of this program from www.adobe.com.

torture

Mobilizing public resources for victims of human rights violations

Performing independent postmortem examinations to document cases of torture

Training local NGOs to help them build stronger relationships with the individuals they are trying to help

Article 2: Approaching Truth: Behavioral Science Lessons on Educing Information from Human sources

Article 2: Approaching Truth: Behavioral Science Lessons on Educing Information from Human sources

Educing Information Summary Report Main Page

EDUCING INFORMATION: INTERROGATION: SCIENCE AND ART FOUNDATIONS FOR THE FUTURE

International Capacity Building Project Partners

Malaysian High Court Stands Up Against Torture

Together We Are Stronger

Together we are Stronger

Uncovering the Evidence

Uncovering the Evidence

Sending Out an SMS: A rapid-response mobile phone network engages a youth constituency to stop torture fast

Sending Out an SMS

EDUCING INFORMATION:
INTERROGATION: SCIENCE AND ART
FOUNDATIONS FOR THE FUTURE