Forced confession
Encyclopedia
A forced confession is a confession obtained by a suspect or a prison
er under means of torture
, enhanced interrogation technique or duress
.
Depending on the level of coercion used, a forced confession may or may not be valid in revealing the truth. The person being interrogated may agree to the story presented to him or even make up falsehoods himself in order to satisfy the interrogator and discontinue his suffering.
For centuries the Latin phrase "Confessio est regina probationum" (In English
: Confession is the Queen of evidence) justified the use of forced confession in the European legal system. When especially during the Middle Ages
acquiring a confession was the most important thing during preparations before a trial, than the method used to get the confession seemed irrelevant, de facto
sanctioning the use of torture to extract forced confession.
By the late 18th century, most scholars and lawyers thought of the forced confession not only as a relic of past times and morally wrong but also ineffective as the victim of torture may confess to anything just to ease his suffering.
Developments in the 20th century, notably the Universal Declaration of Human Rights
, greatly reduced the legal acceptance of forced confessions. However, for most of legal history they have been accepted in most of the world, and are still accepted in some jurisdictions.
the United states using the CIA operates a network of off shore prisons, called black site
, Probably the most infamous of which is Guantánamo Bay detention camp.
State officials have admitted to the press and in court to be using various torture techniques (authorised by the District attorney) to interrogate suspects of terrorism, sometimes after Forced disappearance
or Extraordinary rendition by the United States.
When these systematic acts were made public by the international media the European Union
, United Nations
, the international press and various human rights movements condemned their practice.
The US supreme court did not discontinue its usage and repeatedly ruled against hearing citizens that underwent forced confessions, even after they were found innocent, claiming that a trial wouldl constitute a breach of national security.http://www.aclu.org/safefree/extraordinaryrendition/22201res20051206.html
A famous case study: Khalid El-Masri
is a good example of this. He appealed several times aided by different international human rights movements and lawyers, yet the US Supreme Court retained its usage of forced confession techniques, and denied a hearing of the evidence.
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
er under means of torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, enhanced interrogation technique or duress
Duress
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner...
.
Depending on the level of coercion used, a forced confession may or may not be valid in revealing the truth. The person being interrogated may agree to the story presented to him or even make up falsehoods himself in order to satisfy the interrogator and discontinue his suffering.
For centuries the Latin phrase "Confessio est regina probationum" (In English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
: Confession is the Queen of evidence) justified the use of forced confession in the European legal system. When especially during the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
acquiring a confession was the most important thing during preparations before a trial, than the method used to get the confession seemed irrelevant, de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
sanctioning the use of torture to extract forced confession.
By the late 18th century, most scholars and lawyers thought of the forced confession not only as a relic of past times and morally wrong but also ineffective as the victim of torture may confess to anything just to ease his suffering.
Developments in the 20th century, notably the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, greatly reduced the legal acceptance of forced confessions. However, for most of legal history they have been accepted in most of the world, and are still accepted in some jurisdictions.
Modern day usage
Since 2001, as part of its War on TerrorWar on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
the United states using the CIA operates a network of off shore prisons, called black site
Black site
In military terminology, a black site is a location at which an unacknowledged black project is conducted. Recently, the term has gained notoriety in describing secret prisons operated by the United States Central Intelligence Agency , generally outside of U.S. territory and legal jurisdiction. It...
, Probably the most infamous of which is Guantánamo Bay detention camp.
State officials have admitted to the press and in court to be using various torture techniques (authorised by the District attorney) to interrogate suspects of terrorism, sometimes after Forced disappearance
Forced disappearance
In international human rights law, a forced disappearance occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the...
or Extraordinary rendition by the United States.
When these systematic acts were made public by the international media the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, the international press and various human rights movements condemned their practice.
The US supreme court did not discontinue its usage and repeatedly ruled against hearing citizens that underwent forced confessions, even after they were found innocent, claiming that a trial wouldl constitute a breach of national security.http://www.aclu.org/safefree/extraordinaryrendition/22201res20051206.html
A famous case study: Khalid El-Masri
Khalid El-Masri
Khalid El-Masri is a German citizen who was kidnapped in the Republic of Macedonia, flown to Afghanistan, allegedly beaten, stripped, raped, and interrogated and tortured by the CIA for several months as a part of the War on Terror, and then released...
is a good example of this. He appealed several times aided by different international human rights movements and lawyers, yet the US Supreme Court retained its usage of forced confession techniques, and denied a hearing of the evidence.