Q and A on torture
What does the Catholic Church teach about torture?
The teaching is most clearly found in the encyclical Veritatis Splendor #80, which says:
Reason attests that there are objects of the human act which are by their nature “incapable of being ordered” to God, because they radically contradict the good of the person made in his image. These are the acts which, in the Church’s moral tradition, have been termed “intrinsically evil” (intrinsece malum): they are such always and per se, in other words, on account of their very object, and quite apart from the ulterior intentions of the one acting and the circumstances. Consequently, without in the least denying the influence on morality exercised by circumstances and especially by intentions, the Church teaches that “there exist acts which per se and in themselves, independently of circumstances, are always seriously wrong by reason of their object”.131 The Second Vatican Council itself, in discussing the respect due to the human person, gives a number of examples of such acts:
… whatever violates the integrity of the human person, such as mutilation, physical and mental torture and attempts to coerce the spirit … all these and the like are a disgrace, and so long as they infect human civilization they contaminate those who inflict them more than those who suffer injustice, and they are a negation of the honour due to the Creator.
Why is torture wrong?
As seen in the teaching above, it is because it violates the integrity of the human person.
What does that mean: the integrity of the human person?
Each human person is intended to possess certain powers or attributes. If any of those are taken away, this is a reduction of human integrity.
Such as?
A normal human body possesses four limbs. If one of those is removed, the integrity of the human body has been damaged. Likewise, the human mind is intended to use reason; removing this ability is a reduction in integrity.
What would be a violation of human integrity?
A violation of human integrity would be a morally avoidable loss of integrity.
Such as?
If the progression of a disease threatens a human life, a doctor may choose to amputate a limb. Although this is a loss in integrity, it does not amount to a moral violation, if the doctor was faced with an unavoidable choice between life and a limb (i.e. between a greater integrity and a lesser). But someone simply choosing to amputate their limb (because, say, it will make them an object of sympathy to others) is a violation of human integrity.
When is torture permitted?
It is not permitted for any intention. As the teaching indicates, it is an intrinsece malum, an intrinsic evil.
Is torture permitted in order to save someone else’s life?
No.
Is torture permitted in order to save a city?
No.
Is torture permitted in order to save a country?
No. (Do I have to go on?)
Didn’t the Church teach the permissibility of the torture of heretics in the papal document Ad Extirpanda, written in 1252?
That document gives no list of what the civil authorities are permitted to do to force confessions. But it does forbid “membri diminutionem, & mortis periculum” — “diminishment of limbs or danger of death”. It is thus a relatively undeveloped form of the same teaching that is given in Veritatis Splendor. (The historical record will show that the practice of torture certainly tainted some Church figures. But not the teaching.)
Even given those questions and answers, we can easily still feel unsure of being able to understand what actions might or might not constitute torture. For example, one definition of torture, as proposed by Policraticus, and approved by Mark Shea, illustrates what can go wrong. Their suggested definition is that torture is:
1. violation of human dignity in the form of
2. intentional mental and/or physical harm in order to
3. use a human person as a means (or instrument) for some producible end
4. against that person’s will.
1. is immediately a puzzle, since the Church indicates that torture is a violation of integrity, so introducing dignity just confuses matters. As for 2.,3.,4., take the case of putting someone in prison for a crime. Will they be mentally harmed? Surely, as mental depression would not be at all unexpected. Is putting the person in prison a means to an end? Yes, because one of the ends is a deterrence to other criminals. Is it against the prisoner’s will? Obviously. So, based on that definition, we could conclude that putting someone in prison is a torture. But it’s not. So there is something wrong with that definition.
In search of a better definition for torture, consider two cases. In the first, we tell a convicted terrorist that unless he helps us locate his collaborators, we will be pushing pins into his fingernails. In the second, we tell a convicted terrorist that unless he helps us locate his collaborators, we will add five years to his jail time. What makes the first case torture (which I certainly think it is), whereas the second case is not torture (since an increased prison term is generally considered reasonable given the lack of cooperation of a criminal)?
We must compare the two cases by comparing how they affect the integrity of the people involved. (We know that integrity is key because the Church has told us so.) In the case of prison, the primary affect on the prisoner is that their possible range of actions is drastically curtailed, but there is no elimination of some part of their integrity. They can still reason, they can still interact with people, and so on. (Of course, if they were put in complete solitary confinement, deprived of even seeing the guards — or if they were tightly chained to a wall for extended periods of time, then we would start to think that some integrity had been lost.)
On the other hand, what is the result of pushing pins into someone’s fingernails? Great pain. And pain attracts our immediate attention and focus. With enough pain, ordinary thinking becomes impossible — the person in pain can think of almost nothing else except the pain. And that’s a loss in integrity. It’s not the pain itself that causes the loss of integrity, but the effect on the process of reasoning. (And it’s not necessarily the amount of pain that is the issue — even small amounts of pain applied regularly can end up having huge affects on our mental processes. E.g. bullying).
FWIW, the Catechism treats torture under the subheading “Respect for bodily integrity,” which itself is underneath the section “Respect for the Dignity of Persons.”