What is torture? A workshop by Victoria Coalition for Survivors of Torture
As part of our Interconnectedness Initiative, we held a training workshop on April 3rd 2024, with the participation of 14 people, from seven of our stakeholders: VAST, ISS of BC, VICCIR, ICA, VIRCS, CIS, and VCST.
The objective of this workshop was to empower participants with the knowledge and skills necessary to address the multifaceted challenges faced by torture survivors and their families in our community, by fostering a more informed and compassionate approach within our work.
Acknowledgements
Funding for this project is provided by the Victoria Foundation.
This workshop was organized by the VCST, with the participation of speakers Frank Cohn and Ana Pavon, and facilitated by Sarra Abd Alla and Álvaro Moreno.
01 What is torture?
We began the workshop by asking participants to answer the question “What comes to your mind when you hear me say the word TORTURE”.
See figure 1 for the responses we got.
Figure 1. Responses to question meaning of torture
02 Debunking myths about torture
The following exercise was taken from Amnesty International Canada, to address common misconceptions about torture by asking participants to think if the following statements are true or false:
Statement 1: “In certain circumstances, torture serves a greater good.”
False. Torture is never legal or acceptable. Countries that currently fail to punish it by law are violating internationally agreed standards.
Statement 2: “Torture is the only way to get information, fast.”
False. Torture is a primitive and blunt instrument of obtaining information. States have a huge variety of ways to collect information on crimes – both past and planned – without losing their humanity.
Statement 3: “All forms of torture are severe.”
True. Torture doesn’t come in levels. It is defined legally as an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person to punish or obtain information. No torture is “lite”.
The information received through torture is not useful due to the obvious fact it is illegal but also because it conforms to what the victim thinks the torturer wants to hear, rather than the truth. Furthermore, due to the effects of torture, the victim often loses the ability to think clearly.
03 The UN definition of torture and other internationa protocols
Frank Cohn, Executive Director of the Vancouver Association for Survivors of Torture (VAST) began this presentation by acknowledging that the UN definition of Torture is the “glue” that holds together international protocols and accords around torture.
Frank recognized that it is important to talk about the violence and torture that has existed in Canada, and that continues to exist against aboriginal peoples. These violent acts were perpetrated by institutions such as the residential schools, and other colonial systems that forced the native population to be displaced.
Currently, torture and violence are perpetrated in Canada by institutions such as the judicial system. Frank noted that the proportion of indigenous people in jails is up to 80% in British Columbia. The social welfare system also contributes to this cycle of violence, as indigenous children continue to be removed from their homes to go into foster homes away from their families and communities. The health system is another example of how institutions perpetrate abuse and violence against indigenous people.
It is important to recognize that, while “torture” is often seen as something that happens elsewhere, we cannot continue to do the work of support and community awareness without thinking about the history of torture and violence in Canada.
International networks and tools
Two important elements in the UN definition of torture are:
- Torture is inflicted against people because of some aspects of their identity (ethnicity, gender, age, etc); and
- Torture is perpetrated by some kind of institution, be it educational, judicial, medical, etc.
The following are some organizations and tools that are working to address torture:
- Committee Against Torture: The Committee Against Torture (CAT) is the body of 10 independent experts that monitors the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its States parties. CAT mandate is to hold States accountable for human rights violations, systematically investigating reports of torture to stop and prevent this crime.
- The United Nations’ Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
- United Nations Convention Against Torture (UNCAT, 1984), and the Refugee Convention (1951), which oblige us to provide the rights of survivors of forced displacement, including the Right to Rehabilitation.
- The International Rehabilitation Council for Victims of Torture (IRCT), whose 200+ Torture Rehabilitation centers (IRCT Members) around the world support torture survivors.
- The IRCT’s Global Rehabilitation Standards (2021)
- The revised Istanbul Protocol (2022) of the UNCAT, is designed for health professionals to document the physical evidence that someone has been subjected to torture. It can also be used to bring perpetrators to justice.
- International scientific ‘Torture’ journal, since 2004.
- The international human rights journal ‘Voices Against Torture’, since 2021: brings to life the research, stories, and perspectives of survivors and those who work with them.
- Harvard & Hopkins Assessments, which are considered tests that are adequate across different cultures and are, in general, applicable to measure symptoms of depression, anxiety, and posttraumatic stress disorder.
- Amnesty International, Witness, Human Rights Watch, etc.
These are all powerful tools in the advocacy struggle against torture and impunity for the perpetrators of crimes against humanity. Many countries have their own national networks or federations of torture treatment programs too.
Finally, the newly formed United Against Torture Consortium is funded by the European Union, and is comprised of 6 anti-torture organizations.
The fact that accountability and reparation are very much neglected was also raised, noting for example that in Canada, a Truth and Reconciliation Commission listed 94 recommendations to address the harm done to indigenous peoples during the residential schools period. Only 13 of these recommendations have been addressed.
04 Torture today
Ana Pavon, Staff Counsellor with the Vancouver Island Counselling Centre for Immigrants and Refugees (VICCIR), and Álvaro Moreno, Project Lead with VCST, facilitated the discussion in this section, starting by sharing the following three world maps.
The first world map, figure 2, shows the countries that have ratified the UN Convention Against Torture. Most countries have ratified the convention, except Tanzania, Zimbabwe, Oman, Iran, India, Myanmar, and Papua New Guinea.
Figure 2. Countries that ratified UN convention against torture
The next map, figure 3, shows the number of torture allegations documented by Amnesty International across the world. The graphic shows that most of the countries in the world continue to perpetrate torture to some extent, regardless of having ratified the UN Convention Against Torture. The countries with the highest rates of torture in our continent, for example, are the United States, Mexico, Brazil and Chile.
Figure 3. Torture allegations by country
Figure 4 shows the Members of the Optional Protocol to the Convention Against Torture. Countries which ratify this “optional protocol” agree to have delegations from the UN Committee Against Torture, to conduct visits to prisons, detention centres, hospitals, etc., to corroborate that there are no instances of violence or torture taking place. Canada and the United States are among those countries that have not signed nor ratified this protocol.
Figure 4. Members of the optional protocol to the convention against torture
The OPCAT has now been open for ratification for over 20 years. Currently, there are 92 State parties and an additional 13 signatories.
The UN has established two bodies essential in safeguarding human rights: The National Preventive Mechanisms (NPMs) and the Subcommittee on the Prevention of Torture (SPT).
The NPMs play a pivotal role in preventing torture and ill-treatment by:
- Conducting Regular and Unannounced Visits: NPMs visit detention places without prior notice, ensuring transparency and accountability;
- Assessing the treatment and conditions of detainees through confidential interviews, shedding light on potential abuses;
- Documenting their observations and making recommendations for improvements, advocating for humane treatment; and
- Collaborating with authorities to implement changes, fostering a culture of respect for human rights and raising awareness about international standards.
Other Aspects of Torture
The gender dimensions of torture also need attention. Examining the gender dimensions of torture reveals how social norms, discriminatory laws, and systemic impunity increase the risk of torture and ill-treatment for women and LGBTI+ individuals.
Addressing legal definitions is necessary. For instance, recent efforts have aimed to address discrepancies in defining atrocities such as rape as torture, particularly in cases involving public officials. Until recently, the atrocities committed against female victims were not legally defined as torture.
In contrast, similar acts against male victims were consistently classified as crimes. This stark dichotomy between the treatment of rape and torture underscores a broader reluctance within the international community even to acknowledge rape by public officials as a politically motivated offence against women.
Also, children, especially boys and girls, face heightened vulnerability in detention due to their age and developmental stage. This vulnerability can negatively impact their well-being and development, necessitating enhanced protection and support. In addition, the UN Committee against Torture has identified various practices that violate the Convention against Torture, including prison overcrowding, sensory deprivation, sexual torture, and the death penalty. These practices have significant physical and emotional health impacts, underscoring the urgent need for comprehensive reforms and accountability measures.
Three small groups were formed following Ana’s presentation, to allow participants to compare the three maps, answer the following questions, and debrief ideas and answers with the large group:
- What countries have not signed the convention?
- Which signing countries continue to use torture?
- What are global trends today?
Group Discussion
- Most of the countries are signing, but still, torture is happening and covered or ignored. For example, Russia is a ratifying state, and recent incidents in response to a terrorist attack in Moscow, show that the captured suspects were visibly tortured.
- In other countries, undocumented immigrants are facing the separation of children from their parents, especially in the USA. The way children are treated could be considered a form of torture.
- There is a need for a more common ethical framework, and to raise awareness among people to claim their cases of torture and support them.
- Regardless of the International Court of Justice laws, historically there are some people and the government has been taken to court (for example Slobodan Milosevic, former president of Serbia), but there are many other cases that are not being addressed according to international agreements and protocols.
- The definition of torture needs to include family members, as they are also affected by the experience of the survivors of torture.
05 The ripple effects of torture
Video Discussion
The following animated video from Amnesty International about Saydnaya prison in Siria was shown to participants, for later gather their reactions.
Group discussion
- Torture is happening all over the world. Many cases are hidden, such as rape, and emotional torture. Thus, they are not counted as direct torture.
- A lot of torture cases are ignored, as the survivors will choose to hide some parts of the story to avoid the trauma, and some counsellors don’t ask about details either because they don’t feel ready to deal with the case or their resources are exhausted.
- More training is required for the personnel working with survivors of torture and their families, to be more familiar with some of the tools mentioned in the first section of this report, to identify and work with the survivors of torture and their families.
Case scenario
A case scenario was shared to help the participants enhance their skills and understanding of how to collaboratively tackle the multifaceted complexity of the survivors and families and the complex trauma and transgenerational trauma:
“Leila and her four children came to Canada from Africa as refugees after escaping the persecution and violence in their home country. During a Sunday service, their church was attacked by armed men, forcing them to escape amidst chaos. In the confusion, Leila was separated from her husband and children and experienced brutal violence and rape at the hands of members of the government military forces. Her husband and other men were killed in front of the kids.
After escaping from her aggressors, Leila was found by her children and surviving community members, and they had to hide for a while. Barely recovered, Leila and her kids sought refuge in a nearby refugee camp.
However, life in the camp was full of challenges, including inadequate health services and safety concerns. Leila, due to the violence she endured, lost a portion of her hearing. She gave birth to a new baby during their time in the refugee camp. After a few years, they resettled in Canada.
Leila’s two boys struggle with aggressive behaviours, and conflicts at their home in Canada are frequent.
The youngest one, Tilo, who is 12 years old, displays violent behaviours with peers at school, which has raised concerns. The oldest son, Ade (17 years old), has taken on a disciplinary role, often punishing his brother physically, which the mother supports.
Leila has difficulties connecting with her youngest son Tilo. The oldest son, Ade faces learning difficulties exacerbated by a head injury due to his dad’s disciplinary methods. Nevertheless, as the oldest one, he has significant responsibilities, and her mother relies on him as the man of the house.
The family’s struggles have attracted police attention due to the recurrent quarrels at home.”
Following the case scenario, we ask participants to break into three small groups and discuss the following questions and report to the larger group:
- How can we identify and maximize the use of existing resources for assisting torture survivors?
- How can we develop strategies for collaboration and coordination with relevant organizations and agencies to optimize resource utilization?
06 Utilizing available resources
Group discussion
- Establishing trust and community connections is important before we can share a strategy for collaboration.
- There is a need for a more systematic approach to deal with situations like the one in the case scenario. Intake and assessment at the beginning help draw a long-term service program.
- Communication among service providers needs to be continuous as every client is different and their needs are diverse.
- Torture and trauma is a manifestation of injustice. We need to learn how to empower survivors and their families to be able to release the healing power of the spirit.
- Referring to other services organizations may require secure translation services, but interpretation can be a big challenge due to a shortage of interpreters.
- Children are one of the most vulnerable groups especially among immigrants. kids have difficulties adjusting to new country, kids born out of rape, and support for parenting mothers. Those groups need psychological and medical support.
- There is a stigma about seeking mental health services and many clients reject the idea. Time and trust is required for clients to accept the need for counselling services.
Conclusion
As we move forward with the implementation of this project, the need to be open to collaboration and cooperation is emphasized by all stakeholders. This requires time, patience and trust.
We know that as we improve our communication and organizational strategies we will be able to secure better access to the complex network of services required by survivors of torture and their families in our community.
The next training workshop that participants have requested is precisely how can we improve the way we work together.