“For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s Purpose
Purpose is a constitutive element of torture under article 1 of the UN Convention Against Torture (UNCAT). It is increasingly and widely accepted as being the determinative aggravating factor differentiating between torture and forms of cruel, inhuman and degrading treatment or punishment (hereafter...
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| Format: | Article |
| Language: | English |
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Pluto Journals
2021-01-01
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| Series: | State Crime |
| Online Access: | https://www.scienceopen.com/hosted-document?doi=10.13169/statecrime.9.2.0152 |
| _version_ | 1797833864376221696 |
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| author | Ergün Cakal |
| author_facet | Ergün Cakal |
| author_sort | Ergün Cakal |
| collection | DOAJ |
| description | Purpose is a constitutive element of torture under article 1 of the UN Convention Against Torture (UNCAT). It is increasingly and widely accepted as being the determinative aggravating factor differentiating between torture and forms of cruel, inhuman and degrading treatment or punishment (hereafter “CIDTP” or “ill-treatment”). Compared to the depth of discussion on other constitutive elements such as severity of pain and suffering and official capacity, the dimensions of purpose have remained relatively and unduly overlooked in scholarship on torture. As the significance of purpose as differentiator becomes increasingly established, there is a corresponding need to better understand its dimensions—particularly to question the rationale for having it mark an aggravation of state violence. This paper will draw and build upon the literature and jurisprudence pertaining to a functionality-oriented, teleological construction of torture, before situating the discussion in torture's broader ecology in order to critically examine and expand understandings of its purpose, bottom-up, situationally and institutionally. |
| first_indexed | 2024-04-09T14:29:53Z |
| format | Article |
| id | doaj.art-e3e71c77b2ae402b9b30829bd8da34e0 |
| institution | Directory Open Access Journal |
| issn | 2046-6056 2046-6064 |
| language | English |
| last_indexed | 2024-04-09T14:29:53Z |
| publishDate | 2021-01-01 |
| publisher | Pluto Journals |
| record_format | Article |
| series | State Crime |
| spelling | doaj.art-e3e71c77b2ae402b9b30829bd8da34e02023-05-03T16:15:40ZengPluto JournalsState Crime2046-60562046-60642021-01-019215216810.13169/statecrime.9.2.0152“For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s PurposeErgün Cakal0Danish Institute Against TorturePurpose is a constitutive element of torture under article 1 of the UN Convention Against Torture (UNCAT). It is increasingly and widely accepted as being the determinative aggravating factor differentiating between torture and forms of cruel, inhuman and degrading treatment or punishment (hereafter “CIDTP” or “ill-treatment”). Compared to the depth of discussion on other constitutive elements such as severity of pain and suffering and official capacity, the dimensions of purpose have remained relatively and unduly overlooked in scholarship on torture. As the significance of purpose as differentiator becomes increasingly established, there is a corresponding need to better understand its dimensions—particularly to question the rationale for having it mark an aggravation of state violence. This paper will draw and build upon the literature and jurisprudence pertaining to a functionality-oriented, teleological construction of torture, before situating the discussion in torture's broader ecology in order to critically examine and expand understandings of its purpose, bottom-up, situationally and institutionally.https://www.scienceopen.com/hosted-document?doi=10.13169/statecrime.9.2.0152 |
| spellingShingle | Ergün Cakal “For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s Purpose State Crime |
| title | “For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s Purpose |
| title_full | “For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s Purpose |
| title_fullStr | “For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s Purpose |
| title_full_unstemmed | “For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s Purpose |
| title_short | “For Such Purposes As”: Towards an Embedded and Embodied Understanding of Torture’s Purpose |
| title_sort | for such purposes as towards an embedded and embodied understanding of torture s purpose |
| url | https://www.scienceopen.com/hosted-document?doi=10.13169/statecrime.9.2.0152 |
| work_keys_str_mv | AT erguncakal forsuchpurposesastowardsanembeddedandembodiedunderstandingoftorturespurpose |