“The Darkness”: Deprivation of sunlight as a form of torture
DOI:
https://doi.org/10.7146/torture.v33i1.133860Keywords:
Sunlight, no-touch torture, five techniques, enhanced interrogation, Salim v. MitchellAbstract
Introduction. Deprivation of sunlight (DoS)
should be considered independently as a
method of torture. We review the definition
and the spectrum of DoS, and the harms it
causes that may rise to the level of torture.
Method. We review relevant international
case law, and highlight how the harms of DoS
have historically not been fully considered in
torture cases, possibly legitimizing its use.
Conclusion. A standardized definition of
deprivation of sunlight be developed and included
in the Torturing Environment Scale,
we call for an explicit international prohibition
of DoS.
Keywords: Sunlight deprivation, torture,
no-touch torture
References
Adalah, Al Mazan and Physicians for Human Rights. (2011). Solitary Confinement for Prisoners and Detainees in Israeli Prisons.
Aitken. (2008). An investigation into cases of deliberate abuse and unlawful killing in Iraq in 2003 and 2004 (Aitken Report). London: British Army.
Alseran, Al-Waheed, MRE & KSU v. Ministry of Defence. [2017] EWHC 3289 (QB)
Boubekri, M., Cheung, I.N., Reid, K.J., Wang, C. H. & Zee, P.C. (2014). Impact of windows and daylight exposure on overall health and sleep quality of office workers: a case-control pilot study, J Clin Sleep Med, 10(6), 603-611.
Borchelt, G. (2005). Break Them Down; Systematic Use of Psychological Torture by US Forces. Cambridge MA: Physicians for Human Rights.
Cakal, E. (2018). Debility, Dependency and Dread: on the Conceptual and Evidentiary Dimensions of Psychological Torture. Torture, 28:2, https://doi.org/10.7146/torture.v28i2.106908
Cantoral Benavides v. Peru (2000) 6 IHRL 1452
Central Intelligence Agency. (1997). KUBARK Counterintelligence Interrogation – 1963
Central Intelligence Agency. (1988). Human Resources Exploitation Training Manual - 1983’
Committee Against Torture. (2001). Report of the Committee Against Torture. UN Doc A/56/44
Committee Against Torture. (2006). Consideration of Reports Submitted by States Parties Under Article 19 of the Convention; Conclusions and Recommendations of the Committee Against Torture- Guatemala. UN Doc CAT/C/GTM/CO/4 [18]
Committee Against Torture. (2006). Consideration of Reports Submitted by States Parties Under Article 19 of the Convention; Conclusions and Recommendations of the Committee Against Torture- Togo. UN Doc CAT/C/TGO/CO/ [11]
Council of Europe. (2001). Report to the Turkish Government on the Visit to Turkey Carried Out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 2 to 14 September 2001. CPT/Inf (2002) 8
Council of Europe. (2020). Recommendation Rec (2006) 2-rev of the Committee of Ministers to member States on the European Prison Rules. Strasbourg: Committee of Ministers.
Coyle, A. (2002). A Human Rights Approach to Prison Management: Handbook for Prison Staff. London: International Centre for Prison Studies.
Doerr-Zegers, O., Hartman, L., Lira, E. & Weinstein, E. (1992). Torture: Psychiatric Sequelae and Phenomenology. Psychiatry, 55:2, 177-184. https://doi.org/10.1080/00332747.1992.11024591
Ferstman, C., Obel Hansen, T. & Arajärvi, N. (2018). The UK Military in Iraq: Efforts and Prosect for Accountability for International Crimes Allegations? A Discussion Paper. Essex: The University of Essex.
Green, A. (2018). Ireland v The UK and the Hooded Men: a Missed Opportunity? Strasbourg Observers
Headquarters, Department of the Army. (1992). US Army Field Manual FM34-52; Intelligence, Interrogation. Virginia: Pentagon Library.
Holick, M. (2008). Deficiency of Sunlight and Vitamin D. BMJ 336, 1318, doi:10.1136/bmj.39581.411424.80
Holick, M. (2016). Biological Effects of Sunlight, Ultraviolet Radiation, Visible Light, Infrared Radiation and Vitamin D for Health. Anticancer Research, 36(3), 1345-56.
Human Rights Committee. (1998). Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant; Concluding Observations of the Human Rights Committee- Israel. UN Doc CCPR/C/79/Add.93 [32].
Human Rights Council. (2020). Torture and other cruel, inhuman or degrading treatment or punishment: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Forty-third session, Agenda item 3.
International Committee of the Red Cross. (2004). Report by the International Committee of the Red Cross (ICRC) on the Treatment by the Coalition Forces of Prisoners of War and other Protected Persons by the Geneva Conventions in Iraq during Arrest, Internment and Interrogation. Geneva: International Committee of the Red Cross.
International Committee of the Red Cross. (2012). Water, Sanitation, Hygiene and Habitat in Prisons: Supplementary Guidance. Geneva: International Committee of the Red Cross.
International Criminal Court. (2014). Prosecutor of the International Criminal Court, Fatou Bensouda, re-opens the preliminary examination of the situation in Iraq. The Hague: International Criminal Court.
International Criminal Court. (2020). Situation in Iraq/UK: Final Report. The Hague: Office of the Prosecutor.
International Forensic Expert Group. (2011). Statement on Hooding. Torture, 3, 186-189.
Ireland v United Kingdom A No 5310/71 (1978) ECHR, I.
Keenan v. United Kingdom, App. No. 27229/95, 33 Eur. H.R. Rep. 38 (2001)
Kjær, S., Kjærum, A. (2009). Shedding Light on a Dark Practice; using the Istanbul Protocol to document torture. Copenhagen: International Rehabilitation Council for Torture Victims.
Leach, J. (2016). Psychological Factors in Exceptional, Extreme and Torturous Environments. Extreme Physiology and Medicine, 5:7, https://doi.org/10.1186/s13728-016-0048-y
Leigh Day. (2017). High Court finds MoD breached the Geneva Convention during the Iraq War. Leigh Day.
McCoy, A. (2006). A Question of Torture: CIA Interrogation, from the Cold War to the War on Terror. New York: Metropolitan Books.
McCoy, A. (2012) Torture and Impunity; the U.S. Doctrine of Coercive Interrogation. London: University of Wisconsin Press.
McGuigan, Re Judicial Review [2019] NICA 46 (20 September 2019
Møller, L., Stöver, R.J., Gatherer, A. & Nikogosian, H. (2007). Health in Prisons: A WHO Guide to the Essentials in Prison Health. Copenhagen: World Health Organisation Europe.
M.S.S v Belgium and Greece A No 30696/09 (2011) ECHR [221]
Office of the High Commissioner for Human Rights in Cooperation with the International Bar Association. (2003) Professional Training Series No. 9; Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers. Geneva: United Nations.
Newbery, S. (2009) Intelligence and Controversial British Interrogation Techniques: the Northern Ireland Case, 1971-2. Irish Studies in International Affairs, 20, 103-119.
Padeanu, I. (2018). Why the ECHR Decided not to Revise its Judgment in the Ireland v. The United Kingdom Case. EJIL: Talk!
Park, A. (2017). Why Sunlight is So Good For You. Time.
Parry, J. (2003). What is Torture, Are We Doing It, and What if We Are? U. Pitt. L. Rev., 64, 237
Pérez Sales, P. (2017). Psychological Torture; Definition, evaluation and measurement. London: Routledge, https://doi.org/10.4324/9781315616940
Reyes, H. (2007). The Worst Scars Are in the Mind: Psychological Torture. International Review of the Red Cross, 89 (867), 591-617. Doi:10.1017/S1816383107001300
RTÉ Investigations Unit. (2014). The Torture Files. https://www.rte.ie/news/player/prime-time-web/2014/0604/
Salim v. Mitchell, 268 F. Supp. 3d 1132 (E.D. Wash. 2017)
Sansone, R. A., Lori, A. (2013). Sunshine, Serotonin, and Skin: A Partial Explanation for Seasonal Patterns in Psychopathology? Innovations in Clinical Neuroscience, 10, 20-24.
S.D. v Greece A No 53541/07 (2009) ECHR.
Shaw, S. (2016). Review into the Welfare in detention of Vulnerable Persons: a report to the Home Office by Stephen Shaw. London: Crown copyright.
Shaw, S. (2018). Assessment of Government Progress in Implementing the Report on the Welfare in Detention of Vulnerable Persons; a Follow-Up Report to the Home Office by Stephen Shaw. London: Crown copyright.
Slominski, A., Wortsman, J. & Tobina, D. J. (2005). The cutaneous serotoninergic/melatoninergic system: securing a place under the sun. FASEB J, 19(2), 176-94. Doi: 10.1096/fj.04-2079rev.
Spindelegger C, Stein P, Wadsak W, et al. (2012). Light-dependent alteration of serotonin-1A receptor binding in the cortical and subcortical limbic regions in the human brain. World J Biol Psychiatry, 13(6), 413–422, https://doi.org/10.3109/15622975.2011.630405
UN Commission on Human Rights. (2005). Civil and Political Rights, Including the Questions of Torture and Detention Torture and other cruel, inhuman or degrading treatment, Report of the Special Rapporteur on the question of torture, Manfred Nowak. E/CN.4/2006/6/Add.3
UN Committee Against Torture. (1997). Concluding Observations of the Committee Against Torture: Israel. UN Doc A/52/44
UN Committee Against Torture, (2011). Report on Mexico Produced by the Committee Under Article 20 of the Convention, and Reply from the Government of Mexico. UN Doc CAT/C/75
United Nations Office on Drugs and Crime. (2006). Module 4; Human Rights and Criminal Justice Responses to Terrorism (Counter-Terrorism Legal Training Curriculum). New York: UNODC.
UN Officer of the High Commissioner for Human Rights. (1999). Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol). Professional Training Series No. 8/Rev.1
Van Natta, D. (2003) Threats and Responses: Interrogations; Questioning Terror Suspects in a Dark and Surreal World. New York Times.
Williams, B. A. (2016). Older Prisoners and Physical Health Effects of Solitary Confinement. American Journal of Public Health 106, 12.
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