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BAPEOPLE'S SANITARY WARE IN THE 21ST^ο CENTURY

A MOMENT FOR THE CIVILIZATION OF HUMANITY

By Major General of the Hellenic Army, ret. P. LANGARIS

Former Deputy Director of the Anti-Terrorist Service of the Hellenic Police

General information

            The term "Torture" refers to physical or mental abuse and generally suffering-tyranny inflicted on people by their fellow human beings.

            The physical injuries or damage to the health of other people caused by torture may consist of or result in a serious illness of the body or mind of the victim, with or without danger to life, serious amputation or serious and long-term illness, as well as the act preventing the victim from using his body or mind freely and fully, for a significant period of time, or even forever, leaving him with indelible mental trauma, sometimes for life.

            Torture of people is one of the most serious crimes directed against the physical integrity and well-being of man, factors that are valuable for his progress and well-being. And this, because it often happens in life, e.g. the lameness of one or both legs, the loss of an eye or eyes and generally the loss of the life of the sufferer, is a much worse situation even than the removal of life itself. For this reason, all democratically organized states protect with their laws the legitimate rights of their citizens threatened by torture, adequately, but also their own statehood, since torture is a very powerful weapon against democracy.

            Our country in particular, having had bitter experiences from the period of dictatorship, took care to include in article 7, paragraph 2 of the 1975 Constitution a special constitutional prohibition: "torture, any physical injury, damage to health or exercise of psychological violence, as well as any other insult to human dignity, are prohibited and punished, as the Law stipulates."

            The common legislator, in the relevant articles 308-315 of the current Criminal Code (simple, serious, dangerous bodily harm, etc.) and article 239 of the Criminal Code (abuse of power), with Law 1500/1984, added to our Criminal Code (C.C.) articles 317^Α to 317D which concern the strict criminal punishment of torture, now provided for as a specific offense.

Dimension of the Phenomenon

            Despite the enormous leaps in human evolution and his achievements at all levels of civilization, he still remains the same primitive, violent, wild, raw and bestial, with regard to the violation of the imposed feelings of solidarity and humanity, conditions necessary for the peaceful coexistence of people living in an organized society.

            This is clearly confirmed by the relevant data that recently came to light at a global level, following relevant research, which is shocking:

• 400.000 torture survivors were registered in the European Union, most of whom are refugees.
• 16.000 of these refugees receive medical, psychological and social assistance on an annual basis.
• 20% of victims of violence or torture apply for asylum in the European Union.
• In 2006, according to UN reports, cases of torture and abuse by security forces, the Police and other government authorities were documented in a total of 102 countries around the world.

Refugees – Political Asylum

            Incidentally, it is mentioned that by the term "refugees" we mean those foreigners or stateless persons who are protected by article 1, paragraph 2.^α of the Geneva Convention of 28-7-1951, ratified by Legislative Decree 3989/1959 (Government Gazette 209^Α΄), as this Convention was amended by article 12 of the New York Protocol of 31-1-1967 (ratified by A.L. 389/1969 – Government Gazette 125^Α΄). As a prerequisite, it is required that the above-mentioned persons are outside their country of citizenship due to a well-founded fear of persecution, due to their race, religion, nationality, social class or political beliefs and who, for this reason, are unable or unwilling to return to their country of origin. The same applies to all foreigners who are outside their country of permanent residence for such reasons. Refugee status may also be requested by a citizen or stateless person of a third country, when such events subsequently arise after his departure from his country, which justify his being subject to the asylum regime. Later (after the Geneva Convention), for humanitarian and "economic" reasons, a new category of non-statutory refugees was created in practice, the so-called "de facto refugees", who are treated favorably by granting temporary residence permits, despite the fact that they are not recognized as refugees and are not officially granted asylum.

            "De facto refugees" are third-country nationals whose asylum request has been rejected for formal reasons, either because they have not submitted such a request due to fear of reprisals against their relatives in their country of origin, or because they have not fully proven that they are being persecuted individually despite the fact that they are proven to belong to a persecuted population group, or because they were forced to move from their country due to war, civil conflict, political or social unrest or as a result of natural disasters.

            Finally, when implementing the Geneva Convention, each state formulates its own interpretative criteria for the conditions for recognizing refugee status, which are usually related to the foreign policy or internal problems of the country.

            Already, at the European Union level, the Ministers of Home Affairs and Justice, recently reached a unanimous agreement in Cannes (7-7-2008), on the French Plan for European immigration policy, as regards the establishment of procedural rules for granting asylum, maintaining Spain's call to avoid mass granting of asylum to economic migrants. This European agreement on immigration and asylum, which was adopted during the aforementioned informal Council of Cannes, is expected to be ratified next October by the Commission in the framework of the Summit Council.

Global Reaction

            Faced with this unacceptable phenomenon of torture, which unfortunately continues to exist even today with alarming proportions in approximately 100 countries on our planet, the International Community could not remain indifferent. Thus, the UN has established the 26^M June 26, as the United Nations International Day for the Innocent, dedicated to victims of torture. With the slogan "Abolish Torture", this year's XNUMXth was declared^η June, a global campaign against torture worldwide with very positive results. More than 200 rehabilitation centers around the world organized similar events on the same day, aiming at international awareness and information about the seriousness of the struggle to abolish torture. In addition, increasing pressure on the part of the states of the world to stop torture, one of the main causes that catalyze democracy.

            The European Union has, over the last 15 years, taken a remarkable initiative in the fight against torture with very good results, by developing relevant programs and funding them with funds of 10 to 11 million euros. It is active in 41 countries and 20 rehabilitation centers worldwide, while it has established networks in 16 Member States.

The Greek Response

            With the aim of preventing and abolishing torture by whoever commits it, as well as rehabilitating torture victims, the "Medical Rehabilitation Center for Torture Victims (IKATHB)" was founded and has been operating in Greece since 1989. The main funder of IKATHB will be the European Commission until 2010-2011, as well as all these Centers, while thereafter the governments of the member states will take over the funding.

            The IKATHB is the only non-governmental organization in Greece that deals with the treatment of the effects of torture, with the main concern being the medical and psychological examination of refugee-victims of torture and their treatment. In addition, in a subsidiary manner, it deals with the resolution of any coexisting legal and social problems.

            In particular, the main objectives of the IKATHB are defined as:

• The rehabilitation of individuals who have been tortured, as well as their families.
• Training Greek and foreign health professionals on the assessment and treatment of individuals who have been subjected to torture, as well as their families.
• Raising awareness among the general population about the distinction between the various forms of torture and the possibilities for the rehabilitation of victims.

            To date, since its establishment, the IKATHB has treated approximately 10.000 people (torture victims along with their family members), while on an annual basis this Center provides services to 150 new individual cases of torture survivors and 250 older cases on average.

            Finally, the Center's "inmates" are refugees, mainly from African countries, Turkey, the Middle East, Iran and Iraq.

Conclusions – Treatment

            Despite the fact that man has evolved by leaps and bounds to an admirable point during his long course on our planet at all levels of civilization in general, he has not managed to redeem himself from the elements of primitivism, brutality, savagery and bestiality and from the Biblical fratricide syndrome of "Cain", against the moral principles and values ​​of life, in his relationships with his fellow human beings, confirming the eternally powerful saying of our great tragic poet of antiquity, Sophocles: "Many are terrible. There is nothing more terrible than man."

            Torture is an invention of man alone, with terrible applications in variety, intensity, and monstrous inventions against his fellow man and opponent, since animals demonstrate much better decency and behavior in their instinctive eternal struggle for survival.

            This grave crime not only harms the physical and mental health of the victims, their physical integrity and well-being in life, their progress and prosperity, but also undermines human dignity and crushes the personality of the victims forever, and constitutes a very serious threat to Democracy and a stigma for the civilization of all humanity.

            The ongoing practice of torture in around 100 countries around the world, on such a wide scale within the confines of an organized international society, highlights the magnitude of the problem and the immediate need to intensify the already ongoing global campaign for the complete elimination of torture.

            The struggle to combat the phenomenon is difficult and requires the unwavering, undiminished and continuous cooperation of all actors, both locally and globally, with the assumption of relevant roles by individuals, organizations, international organizations and governments of states. In particular, appropriate initiatives should be taken to limit or cease local and regional armed conflicts and wars, and actions for the peaceful settlement of international disputes, as well as increasing pressure on the part of powerful organized societies and international organizations on illiberal and authoritarian regimes to stop torture. 

            Similar measures should be taken, as well as continuous supervision and control should be exercised, towards the administrators of state power (Security forces, the Police and other law enforcement authorities) of the various states, to prevent deviations, excesses and abuses of power against people (abuse, torture, exercise of psychological violence, unjust and arbitrary imprisonment - isolation, abductions - disappearances, etc.).