Torture is not only a moral issue it is a legal one

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Uploaded by on Nov 13, 2006

German Lawyer Wolfgang Kaluck discussing the legal underpinnings of torture prohibitions.

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News & Politics

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  • Wolfgang, I have an idea to circumvent the -- essentially boring -- Para 153 f StPO problem and get a decision on the main topic: torture. Just let a client sue Rumsfeld for damages and moral damages (Schmerzensgeld) according to Para 823 II BGB in combination with the VStGB. This may be less fun for the jailers, that are idiots anyway, but it would be something new and would bring you to the point: torture and illegal or not.

  • The outcome will be that torture is not discussed at all, but Para 153 f StPO and it will be like last time. In reality, there is a difference between the danger of torture and torture, that is actually committed. If we can be shure that torture will happen, like in Abu Graib and Syria, Egypt etc, this is ok. Renditions can happen. But when there is just the danger of torture, a justified idea or not, we may not give anybody to a foreign country, see the US, Venezuela and Cuba.

  • A lot of symbolic law in the world. Why do we have to make it a crime to say that we dont want it?

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