Torture against terrorism?


J. Schonbom, the Minister of Interior of the German lands Brandenburg, turned to citizens with the proposition to express their opinion on the adequate measures that may be applied by law-enforcing organs in the conditions of the permanent growth of terrorism in the world. First of all, the discussion concerns the admissibility of applying torture or threats of torture in the exclusive cases during investigation. The discussion was caused by the order of Wolfgang Daschner, a deputy head of the Frankfort police, published last week. In this order Daschner permits to his subordinates to obtain the evidence from the suspected „by inflicting pain under medical observation and after the preliminary warning“. Some police officers refused to obey the order because of moral and ethical reasons. At the same time, the position of the top police officer was endorsed by the head of the German Federation of judges, who declared that „sometimes there are problems that cannot be solved by legal methods“. According to German law, using torture of threats of using torture is punished with incarceration for the term up to 10 years.

„Yuridicheskaya praktika“, No. 9 (271), 4 March 2003

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