Torture not Treatment - Disability Rights International

TORTURE NOT TREATMENT
emotionally disabled and have the cognitive ability to understand what lies ahead, JRC‘s website
is explicit that the threat of electric shock is enough to bring about the end of negative
behaviors. 150
The most widely overlooked prong of the definition of torture is discrimination. Even if the
purpose of a practice were otherwise considered legitimate, the infliction of pain based on
disability cannot be justified. As Nowak has stated, ―the requirement of intent in article 1 of the
Convention against Torture can be effectively implied where a person has been discriminated
against on the basis of disability.‖ 151
The use of electric shock or long-term restraint is never tolerated on individuals without
disabilities. The New York Psychological Association Task Force points out, for example, that
New York‘s proposed regulation ―for disabled students would constitute corporal punishment if
employed as interventions for non-disabled students….The implications of regulations that
selectively permit the use of corporal punishment with disabled youth but not nondisabled youth
are both obvious and disturbing, regardless of whether one calls it ‗corporal punishment‘ or
‗aversive behavioral intervention.‘‖ 152
The New York Psychological Association Task Force also says that ―[d]isturbingly, some of the
‗techniques‘ listed…sound eerily similar to recent reports about methods for interrogation of
suspected terrorists that have been labeled as ‗torture‘ and widely condemned by human rights
organizations.‖ 153 This point is strongly reinforced upon closer examination to similar practices
widely understood to constitute torture or ill-treatment. What is being justified as beneficial
―treatment‖ for people with disabilities is widely understood to be psychologically damaging
when perpetrated against non-disabled individuals.
The infliction of electric shock is widely understood to constitute torture in any other context and
they are understood to be extremely damaging to the individual. In 1997, Amnesty International
did an exhaustive report on electro-shock torture used around the world against people in custody
by law enforcement officials, governments and military forces. It described the use of stun guns,
tasers, cattle prods, stun batons and remote controlled stun belts, documenting electric-shock
torture and ill treatment in 50 countries as torture. As these practices are described:
…Electro-shock weapons have been deliberately, and often repeatedly, applied to
sensitive parts of prisoners‘ bodies, including their armpits, necks, faces, chests,
abdomens, the inside parts of their legs, the soles of their feet…Depending on the
application and the individual, immediate effects include severe pain, loss of muscle
control, nauseous feelings, convulsions, fainting and involuntary defecation and
urination. Long term effects from electric shock torture can reportedly include
muscle stiffness, impotence, damage to teeth, scarring of skin, hair loss, post
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