Extrajudicial punishment is punishment by the state or some other official authority without the permission of a court or legal authority. Agents of a state apparatus often carry out this type of punishment if they come to the conclusion that a person is an imminent threat to the overall security of its political system. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. The existence of extrajudicial punishment is considered proof that some governments will break their own legal code if deemed necessary. A Code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted by a
Improper use of force by non-state actors is not usually called extrajudicial punishment, such actions are more properly called assassination, guerrilla warfare, murder (in the case of attacks on unarmed civilians) or vigilantism instead. AssassiNation is the sixth album by Krisiun, released in 2006 on Century Media. Guerrilla warfare is the unconventional warfare and combat with which a small group of combatants use mobile tactics (ambushes raids etc Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries A vigilante is a person who ignores Due process of law and enacts their own form of Justice in response to a perception of insufficient response by the
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Although the legal use of capital punishment is generally decreasing around the world, individuals or groups deemed threatening—or even simply "undesirable"—to a government may nevertheless be targeted for punishment by a regime or its representatives. Nikolai Getman (Николай Гетман Микола Ґетьман an artist was born in 1917 in Kharkiv, Ukraine, and died at his home in Orel, The Jamestown Foundation is a Washington DC -based Think tank, whose stated mission is to "inform and educate" policy makers about events and trends which Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Such actions typically happen quickly, with security forces acting on a covert basis, performed in such a way as to avoid a massive public outcry and/or international criticism that would reflect badly on the state. Sometimes, the killers are not members of the government, but rather sotto voce, or paid agents, authorized in their activity. Sotto voce (pronounced /'sotːo 'votʃe/, sot -toh voh -che (literally "under voice" an Italian expression means to speak
Another possibility is for overtly uniformed security forces to punish—kill—a victim, but under circumstances that make it appear as self-defense, such as by planting recently-fired weapons near the body, or fabricating evidence suggesting suicide. Self-defense (or self-defence &mdash see spelling differences) is the act of defending oneself one's property or the well-being of another from physical harm In such cases, it can be difficult to prove that the perpetrators acted wrongly. Because of the dangers inherent in armed confrontation, even police or soldiers who might strongly prefer to take an enemy alive may still kill to protect themselves or civilians, and potentially cross the line into extrajudicial murder. Only in the most obvious cases, such as the Operation Flavius triple killing or the shooting of Jean Charles de Menezes will the authorities admit that "kill or capture" was replaced with "shoot on sight". Operation Flavius was the name given to an operation by a Special Air Service team in Gibraltar on 6 March 1988 tasked with preventing a Provisional Irish Republican Jean Charles de Menezes (7 January 1978 &ndash 22 July 2005 was a Brazilian national living in the Tulse Hill area of south London.
Extrajudicial punishment is sometimes a feature of politically repressive regimes using death squads for the purpose, but even self-proclaimed or internationally recognized democracies have been known to use extrajudicial punishment under certain circumstances. Political repression is the Persecution of an individual or group for political reasons particularly for the purpose of restricting or preventing their ability to take part A death squad is an armed Squad that kills civilians terrorists or guerillas Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system
Extrajudicial punishment may be planned and carried out by a particular branch of a state, without informing other branches, or even without having been ordered to commit such acts. The other branches can tacitly approve of the punishment after the fact, whatever their denials. They can also genuinely disagree with it, depending on the circumstances, especially when complex intragovernment or internal policy struggles also exist within a state's policymaking apparatus.
In times of war, natural disaster, societal collapse, or in the absence of an established system of criminal justice, there may be increased incidences of extrajudicial punishment. War is an international relations Dispute, characterized by organized Violence between National Military units A natural disaster is the consequence of a Natural hazard (eg Societal collapse is the large scale breakdown or long term Decline of the Culture, civil institutions or other major characteristics of a Society or a Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring In such circumstances, police or military personnel may be authorised to summarily execute individuals involved in rioting, looting or other violent acts, especially if caught in flagrante delicto. A summary execution is a type of Extrajudicial punishment in which a person is killed on the spot without Trial. Riots are a form of Civil disorders characterized by disorganized groups lashing out in a sudden and intense rash of Violence, Vandalism or other Looting ( Hindi lūṭ akin to Sanskrit luṭhati steals also Latin latro, latronis In flagrante delicto ( Latin: "in the blazing offence " or sometimes simply in flagrante ( Latin: "while blazing " This position is sometimes itself corrupted, resulting in the death of merely inconvenient persons, that is, relative innocents who are just in the wrong place at the wrong time.
A "disappearance" occurs where someone who is believed to have been targeted for extrajudicial execution does not reappear alive. A forced disappearance occurs when an organization forces a person to vanish from Public view either by Murder or by simple Sequestration. Their ultimate fate is thereafter unknown or never fully confirmed.
See NKVD troika and Special Council of the NKVD for examples from the history of the Soviet Union , where extrajudicial punishment "by administrative means" was part of the state policy. NKVD troika or Troika, in Soviet Union history were commissions of three people employed as an additional instrument of Extrajudicial punishment (внесудебная Special Council of the USSR NKVD (Особое Совещание при НКВД СССР ОСО) was created by the same decree of Sovnarkom of July 10 By administrative means (В административном порядке "V administrativnom poryadke" was an expression in use in the Soviet Union applied to Most Latin American dictatorships have regularly instituted extrajudicial killings of their enemies; for one of the better-known examples, see Operation Condor. For other uses of Operation Condor please see Operation Condor (disambiguation Operation Condor (Operación Cóndor Operação Condor was a campaign [1] Some consider the killing of Black Panther Fred Hampton to have been an extrajudicial killing ordered by the United States government. The Black Panther Party (originally the Black Panther Party for Self-Defense) was a Marxist / Maoist African-American organization established This article is about Fred Hampton Sr For his son see Fred Hampton Jr The United States of America —commonly referred to as the Also, the U. S. has been accused of exercising a covert prison system set up by the CIA in several countries, especially Egypt, to evade U. near as long as it used to be several months ago It has been actively summarized and split into sub-articles and there is a dynamic talk page discussion of all This article is about the country of Egypt For a topic outline on this subject see List of basic Egypt topics. S. jurisdiction. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority [2] The deaths of the leaders of the leftist urban guerilla group Red Army Faction Ulrike Meinhof, Andreas Baader, Gudrun Ensslin, and Jan-Carl Raspe is by some regarded as extrajudicial killings, a theory partly based on the testimony of Irmgard Möller . Ulrike Marie Meinhof ( October 7, 1934 in Oldenburg, Germany &ndash May 9, 1976 in Stuttgart, Andreas Bernd Baader ( 6 May 1943 – 18 October 1977) was one of the first leaders of the German organization Red Army Faction Gudrun Ensslin (ˈguːdʁuːn ˈɛnsliːn 15 August 1940 – 18 October 1977) was a founder of the German terrorist group Jan-Carl Raspe ( July 24, 1944 - October 18, 1977) was a member of the German Militant group the Red Army Faction Irmgard Möller (also spelled Irmgard Moeller) (born May 13, 1947, Bielefeld) was a West German Urban guerrilla and member
The government of Israel has also been accused of carrying out extrajudicial killings, which they term "targeted assassinations," against leaders of organisations involved in carrying out attacks against Israel.
During the apartheid years South Africa's security forces were also accused of using extra-judicial means to deal with their political opponents. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa After his release, Nelson Mandela would refer to these acts as proof of a Third Force . Nelson Rolihlahla Mandela (xolíɬaɬa mandéːla born 18 July 1918 is a former President of South Africa, the first to be elected in fully representative The " Third Force " was a term used by leaders of the ANC during the late 1980s and early 1990s to refer to an unknown group believed to be responsible for a surge This was denied vehemently by the administration of F.W. de Klerk. Frederik Willem de Klerk (born 18 March 1936 was the last State President of apartheid-era South Africa, serving from September 1989 to May 1994 Later the South African Truth and Reconciliation Commission, led by Archbishop Desmond Tutu would find that both military and police agencies such as the Civil Cooperation Bureau and C10 based at Vlakplaas were guilty off gross human rights violations. This is about the South African body For similar bodies in other countries see Truth commission. Desmond Mpilo Tutu (born 7 October 1931) is a South African Cleric and activist who rose to Worldwide fame during the 1980s as an opponent The South African Civil Cooperation Bureau (CCB was a Covert, Special forces organisation during the apartheid era that operated under the authority Vlakplaas is a farm 20km west of Pretoria that served as the headquarters of the South African Police Counterinsurgency unit C10 (later called C1 working Human rights refers to the "basic Rights and freedoms to which all humans are entitled This led the International Criminal Court to declare apartheid a crime against humanity. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of
Many countries find it expedient from time to time to use techniques of a kind used in torture; at the same time few wish to be described as doing so, either to their own citizens or international bodies. Nikolai Getman (Николай Гетман Микола Ґетьман an artist was born in 1917 in Kharkiv, Ukraine, and died at his home in Orel, The Jamestown Foundation is a Washington DC -based Think tank, whose stated mission is to "inform and educate" policy makers about events and trends which So a variety of devices are used to bridge this gap, including state denial, "secret police", "need to know", denial that given treatments are torturous in nature, appeal to various laws (national or international), use of jurisdictional argument, claim of "overriding need", and so on. Plausible deniability refers to the denial of blame in loose and informal chains of command where upper rungs quarantine the blame to the lower rungs Secret police (sometimes political police) are a Police agency which operates in Secrecy to maintain National security against internal The term "need to know", when used by Government and other organizations (particularly those related to the Military or Espionage) describes In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Torture has been a tool of many states throughout history and for many states it remains so (unofficially and when expedient and desired) today. Torture, according to the United Nations Convention Against Torture, is "any act by which severe pain or suffering, whether physical or mental is intentionally As a result, and despite worldwide condemnation and the existence of treaty provisions that forbid it, torture is still practiced in two thirds of the world's nations. [3]
Torture remains a frequent method of repression in totalitarian regimes, terrorist organizations, and organized crime. Totalitarianism (or totalitarian rule) is a concept used to describe Political systems where a State regulates nearly every aspect of public and private Terrorism is the systematic use of terror especially as a means of coercion "Crime syndicate" redirects here For the DC Comics group of villains see Crime Syndicate. In authoritarian regimes, torture is often used to extract confessions from political dissenters, so that they admit to being spies or conspirators, probably manipulated by some foreign country. In a political sense conspiracy refers to a group of persons united in the goal of usurping or overthrowing an established political power Most notably, such a dynamic of forced confessions marked the justice system of the Soviet Union during the reign of Stalin (thoroughly described in Aleksandr Solzhenitsyn's Gulag Archipelago). The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 Joseph Stalin ( ნამდვილი გვარი ჯუღაშვილი|Iosif Vissarionovich Dzhugashvili; March 5 1953 was General Secretary of the Communist Party Aleksandr Isayevich Solzhenitsyn ( Алекса́ндр Иса́евич Солжени́цын) (December 11 1918 – August 3 2008 was a Russian Novelist The Gulag Archipelago ( Архипелаг ГУЛАГ) is a book by Aleksandr Solzhenitsyn based on the Soviet forced labor and concentration camp system
Most modern torturers, even when their interrogation methods are sanctioned by organs of a state, are often working outside the law. For this reason, some torturers tend to prefer methods that, while unpleasant, leave victims alive and unmarked. A victim who is not visibly damaged may lack credibility when telling tales of torture, whereas a person missing fingernails or eyes can easily prove claims of torture.
The 4 different modern examples are listed in the sub-headings below, along with the 'Cold War' to help to illustrate the point.
Torture was widely practiced in the Soviet Union prior to its transformation to a federation in the 1980s, to extract confessions from suspects, especially in case of alleged plots against the security of the state or alleged collaboration with "imperialist powers". The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 Imperialism has two meanings one describing an action and the other describing an attitude
Since its fall, Amnesty International has reported police abuses amounting to torture; the government says it has "made efforts to punish all acts of torture under the Albanian criminal justice system". Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to
The regime of General Augusto Pinochet in Chile in the 1970s used torture extensively against political opponents. Augusto José Ramón Pinochet Ugarte (November Chile, officially the Republic of Chile ( Spanish:) is a country in South America occupying a long and narrow Coastal strip wedged between the Chile's National Commission on Political Imprisonment and Torture (Comisión Nacional sobre Prisión Política y Tortura) concluded in 2004 that torture had been a systematically implemented policy of the government and recommended reparations. The Valech Report (officially The National Commission on Political Imprisonment and Torture Report) was a study that detailed abuses committed in Chile between 1973 The commission heard the testimony of more than 35,000 witnesses, whose testimonies are to be kept secret for fifty years. [4] Among those tortured were future president Michelle Bachelet, who was held along with her mother at the notorious Villa Grimaldi detention center in Santiago. Verónica Michelle Bachelet Jeria beˈɾonika mɪˈʃɛl baʃˈle ˈxeɾja / --> (born September 29 1951) is a center-left politician and Villa Grimaldi was a complex of buildings used for the Interrogation and Torture of Political prisoners by DINA, the Chilean Santiago ( (litteraly in spanish Saint James) is the Capital of Chile, and the center of its largest Conurbation ( Greater Santiago
During the so-called "Dirty War" carried out in the 1970s, in particular, but not only, by the military dictatorship from 1976 to 1983, tens of thousands of Argentines were "disappeared" by the junta, many never to be seen again. This article refers to the Argentine Dirty War for the British film of the same name see Dirty War (film. The National Reorganization Process (in Spanish, Proceso de Reorganización Nacional, often simply El Proceso) was the name used by its leaders The National Commission on the Disappearance of Persons concluded:
The Constitution of Russia forbids arbitrary detention, torture and ill-treatment. For the constitution of the Imperial Russia see Russian Constitution of 1906 The current Constitution of the Russian Federation Torture, according to the United Nations Convention Against Torture, is "any act by which severe pain or suffering, whether physical or mental is intentionally Part 2 of Article 21 of the constitution states that "no one may be subjected to torture, violence or any other harsh or humiliating treatment or punishment…". [6] However, international observers regularly accuse Russian police of practicing torture—including beatings, electric shocks, rape, asphyxiation—in interrogating arrested suspects. [7]. [8][9][10]
Torture and humiliation dedovshchina are also widespread in the Russian army, according to Human Rights Watch . Dedovshchina (дедовщи́на is the name given to the informal system of subjugation of new junior conscripts for the Russian armed forces, Interior [11] Many young men are killed or commit suicide every year because of it. [12] Amnesty International reported on allegations of Chechen locals, that Russian military forces in Chechnya rape and torture local women with electric shock, where electric wires are connected to the straps of a bra on their chest. Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to The Chechen Republic (ˈʧɛʧɨn rɪˈpʌblɨk Чече́нская Респу́блика Chechenskaya Respublika; Нохчийн Республика Noxçiyn Respublika "Electrocute" redirects here For the band see Electrocute (band. [6]
In most extreme cases, innocent people from the street may be arbitrary arrested, beaten, tortured, and raped by special police forces. Such incidents took place not only in Chechnya, but also in Russian towns of Blagoveshensk, Bezetsk, and Nefteyugansk [13][14][15]
In 2005, Human Rights Watch documented that Nigerian police in the cities of Enugu, Lagos and Kano routinely practice torture. Locator Map Enugu-Nigeriapng|thumb|250px|Location of Enugu in Nigeria]] Enugu (or Enugwu) is the Capital city of Enugu State, Nigeria. Lagos ( pron ˈleɪgɒs or /ˈlɑːgoʊs/ overseas is the most populous Conurbation in Nigeria with Kano is the administrative center of the Kano State and the third largest City in Nigeria, in terms Dozens of witnesses and survivors stepped forward to testify to repeated, severe beatings, abuse of sexual organs, rape, death threats, injury by shooting and the denial of food and water. These abuses were used in campaigns against common crime. [16]
Systematic torture was used in conjunction with military occupation in an attempt to quell anti-oil protests by the Ogoni people in the Niger Delta, according to a World Council of Churches report. Petroleum ( L petroleum, from Greek πετρέλαιον, lit The Ogoni people are one of the many Indigenous peoples in the Niger Delta region of southeast Nigeria. The Niger Delta, the delta of the Niger River in Nigeria, is a densely populated region sometimes called the Oil Rivers because it was once a The World Council of Churches ( WCC) is an international [17]
The government headed by Baathist Saddam Hussein made extensive use of torture, including at the notorious Abu Ghraib prison. The Arab Socialist Ba'th Party (also spelled Baath or Ba'ath; Arabic: حزب البعث العربي الاشتراكي was founded in Damascus Saddam Hussein Abd al-Majid al-Tikriti ( Arabic: ar صدام حسين عبد المجيد التكريتي --> April 28 1937 &ndash December 30 The Abu Ghraib prison (سجن أبو غريب also Abu Ghurayb is in Abu Ghraib, an Iraqi city 32 km (20 mi west of Baghdad. At one point, Uday, Saddam's son, tortured an Iraqi football player by brutally injuring his feet. Uday Saddam Hussein al-Tikriti (18 June 1964 Baghdad &ndash 22 July 2003 Mosul) (عُدي صدّام حُسين was the eldest son of Saddam Hussein [18] [19] [20]
The post-invasion Iraqi government holds thousands of people in prison. The 2003 invasion of Iraq, from March 20 to May 1 2003 was spearheaded by the United States, backed by British forces and smaller contingents from Australia The Iraqi Interim Government was created by the United States and its coalition allies as a Caretaker government to govern Iraq until the Iraqi After investigating from July to October 2004, Human Rights Watch found that torture was "routine and commonplace. Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. " According to their report,
Methods of torture or ill-treatment cited included routine beatings to the body using a variety of implements such as cables, hosepipes and metal rods. Detainees reported kicking, slapping and punching; prolonged suspension from the wrists with the hands tied behind the back; electric shocks to sensitive parts of the body, including the earlobes and genitals; and being kept blindfolded and/or handcuffed continuously for several days. In several cases, the detainees suffered what may be permanent physical disability.
Torture is reported to be on the increase according to some humanitarian and press agencies. Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. [22] [23] [24]
After an investigating visit to Uzbekistan, United Nations Special Rapporteur on Torture Theo van Boven concluded in a formal report:
Even though only a small number of torture cases can be proved with absolute certainty, the copious testimonies gathered . Special Rapporteur is a title given to individuals working on behalf of the United Nations who bear a specific mandate from the UN Human Rights Council (or the former Theo van Boven (born 1934) is a Dutch Jurist and Professor emeritus in International law. . . are so consistent in their description of torture techniques and the places and circumstances in which torture is perpetrated that the pervasive and persistent nature of torture throughout the investigative process cannot be denied.
– Theo van Boven
Forms of torture frequently cited include immersion in boiling water, exposure to extreme heat and cold, "the use of electric shock, temporary suffocation, hanging by the ankles or wrists, removal of fingernails, punctures with sharp objects, rape, the threat of rape, and the threat of murder of family members. [25] (For example, see Muzafar Avazov)
In 2003, Britain's Ambassador for Uzbekistan, Mr. Muzafar Avazov was an Uzbekistan Torture victim He died in 2002 apparently from religiously-motivated State torture. Uzbekistan, officially the Republic of Uzbekistan ( Uzbek: O‘zbekiston Respublikasi or Ўзбекистон Республикаси is a doubly Craig Murray made accusations that information was being extracted under extreme torture from dissidents in that country, and that the information was subsequently being used by Britain and other western, democratic countries which disapproved of torture. [26]
The killing of Fred Hampton by Chicago police in a raid on the Black Panther headquarters, the 1990 beating of Rodney King[27], and the Abu Ghraib torture scandal during the Iraq War are three of the most overt examples of extrajudicial punishment by agents of the Government of the United States. This article is about Fred Hampton Sr For his son see Fred Hampton Jr Chicago (ʃɪˈkɑːgoʊ is the largest City by population in the state of Illinois and the American Midwest of the United States. A black panther is a black ( melanistic) color variant of one of several Species of larger cat which are often known by the term panther. Rodney Glen King April 9, 1965 in Fort Worth Texas) --> (born April 2, 1965 The city of Abu Ghraib ( Arabic: أبو غريب Abū Ghurayb The Iraq War, also known as the Second Gulf War, the Occupation of Iraq, or the War in Iraq, is an ongoing Military campaign The federal government of the United States is the central United States Governmental body established by the United States Constitution. However, given that the U. S. has historically supported torture-inclined anti-communist dictators worldwide to counter the Soviet Union, the country is claimed by some to be guilty of far more extrajudicial punishment, by proxy, than shown by its own local policies alone. Anti-communism refers to opposition to Communism. Historically the word "communism" has been used to refer to several types of communal social organization and A dictator is an Authoritarian ruler (eg Absolutist or autocratic) who assumes sole and absolute power without hereditary ascension such as an Absolute The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991
Many human rights organisations like Amnesty International along with the UN are campaigning against extrajudicial punishment. Human rights refers to the "basic Rights and freedoms to which all humans are entitled Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security [28] [29] [30] [31] [32]
The subject of extrajudicial punishment was examined in the stage play and subsequent film A Few Good Men . A Few Good Men is a play by Aaron Sorkin, first produced on Broadway by David Brown in 1989 In this film, two marines are put on trial for the death of another marine due to their administering of a Code Red (a military colloquial speech term for extrajudicial punishment) on him.
There are currently a wide variety of databases available which attempt to measure, in a rigorous fashion exactly what governments do against those within their territorial jurisdiction. The list below was created and maintained by Prof. Christian Davenport at the University of Maryland. These efforts vary with regard to the particular form of human rights violation they are concerned with, the source employed for the data collection as well as the spatial and temporal domain of interest.