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THE ETHICS OF TORTURE
Martina Refi Homolak
orcid.org/0000-0002-8704-7762
Abstract
As a phenomenon without a uniform definition, terrorism itself presents a threat to the most of fundamental human rights. In the first place, terrorism negates the rights of actual or potential victims, but also results in a violation of human rights of people suspected of terrorism. Despite suspicions that terrorists may possess vital information, the prohibition of torture constitutes an absolute and non-derogatory right. This means that it cannot be suspended or restricted, even during a declared state of emergency. Despite the prohibition of torture, some states widely and repeatedly apply torture against persons suspected of terrorism if they are believed to possess information that may be of use in preventing impending attacks. It is clear that the continuous fight against terrorism requires certain restrictions on fundamental human rights, but the question is how far we can go. Ultimately, does “terrorising the terrorists” and stooping to their level constitute a greater threat than the attacks themselves?
Keywords
torture; terrorism; ethics; “ticking bomb”; September 11
Hrčak ID:
179546
URI
Publication date:
29.12.2016.
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