This Side of Silence
This Side of Silence: Human Rights, Torture, and the Recognition of Cruelty
Tobias Kelly
Series: Pennsylvania Studies in Human Rights
Copyright Date: 2012
Published by: University of Pennsylvania Press
Pages: 232
https://www.jstor.org/stable/j.ctt3fj3sz
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Book Info
This Side of Silence
Book Description:

We are accustomed to thinking of torture as the purposeful infliction of cruelty by public officials, and we assume that lawyers and clinicians are best placed to speak about its causes and effects. However, it has not always been so. The category of torture is a very specific way of thinking about violence, and our current understandings of the term are rooted in recent twentieth-century history. In This Side of Silence, social anthropologist Tobias Kelly argues that the tensions between post-Cold War armed conflict, human rights activism, medical notions of suffering, and concerns over immigration have produced a distinctively new way of thinking about torture, which is saturated with notions of law and trauma. This Side of Silence asks what forms of suffering and cruelty can be acknowledged when looking at the world through the narrow legal category of torture. The book focuses on the recent history of Britain but draws wider comparative conclusions, tracing attempts to recognize survivors and perpetrators across the fields of asylum, criminal law, international human rights, and military justice. In this thorough and eloquent ethnography, Kelly avoids treating the legal prohibition of torture as the inevitable product of progress and yet does not seek to dismiss the real differences it has made in concrete political struggles. Based on extensive archival research and ethnographic fieldwork, the book argues that the problem of recognition rests not in the inability of the survivor to communicate but in our inability to listen and take responsibility for the injustice before us.

eISBN: 978-0-8122-0523-7
Subjects: Political Science
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Table of Contents
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  1. Front Matter
    Front Matter (pp. [i]-[vi])
  2. Table of Contents
    Table of Contents (pp. [vii]-[viii])
  3. Introduction
    Introduction (pp. 1-24)

    In late April 2002 Binyam Mohamed was turned over to the US authorities after being arrested by Pakistani police at Karachi Airport. Mohamed was born in Ethiopia but in the mid-1990s had claimed asylum in the United Kingdom. He had converted to Islam in 2001, and later the same year traveled to Afghanistan and then Pakistan. Following Mohamed’s detention in Pakistan, he was interviewed by Federal Bureau of Investigation (FBI) agents and flown to Morocco, where he was imprisoned for eighteen months. Mohamed was then sent to a detention center run by the Central Intelligence Agency (CIA) in Afghanistan, and...

  4. Chapter 1 Talking about Torture after the Human Rights Revolution
    Chapter 1 Talking about Torture after the Human Rights Revolution (pp. 25-45)

    In May 1936, British troops rounded up the male residents of the Palestinian village of Halhoul and held them at gunpoint in the open air. The soldiers, from the Black Watch Regiment, were looking for weapons after Palestinians had attacked British positions nearby. An armed revolt against British rule had broken out three years earlier, after the British had initially arrived nearly twenty years before that, claiming to free the Arab residents from Ottoman despotism (Norris 2008; Hughes 2009). The men in Halhoul were told that they would not be released until the guns were handed over. It was not...

  5. Chapter 2 The Legal Recognition of Torture Survivors
    Chapter 2 The Legal Recognition of Torture Survivors (pp. 46-70)

    This chapter explores the conditions under which torture survivors gain legal recognition. In doing so, it examines the ways in which legal techniques prioritize and distinguish between different types of victim and the accounts they can give of themselves. Torture survivors are often, formally at least, singled out for specific attention, as deserving of particular respect for what they have suffered. The campaigns of the anti-torture movement have been at least partially successful in having the protection for torture survivors codified into law. In the United States, people fleeing torture are granted protection under immigration laws, and the Torture Victim...

  6. Chapter 3 Clinical Evidence about Torture
    Chapter 3 Clinical Evidence about Torture (pp. 71-99)

    When the George W. Bush administration was trying to provide legal cover for its treatment of prisoners in Guantanamo Bay, Abu Ghraib, and Bagram, one of its lawyers infamously defined torture as an act that caused pain equivalent to major organ failure.¹ Some critics pointed out that this set the threshold for pain far too high. Others argued that organ failure is not necessarily accompanied by pain at all. In 1976, the European Court of Human Rights ruled that the use of forced standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink by British security...

  7. Chapter 4 Predicting the Future Risk of Torture
    Chapter 4 Predicting the Future Risk of Torture (pp. 100-118)

    How can we know what the future holds? The previous two chapters examined the assessment of evidence about past torture. However, the crucial issue for people claiming protection in the United Kingdom is not the past; rather, it is events that have not yet taken place. What will happen when a particular individual is returned to Algeria, Libya, or the Democratic Republic of the Congo? Might he or she be tortured? If evaluating evidence about the past is hard enough, speculating about the future remains inherently uncertain. Lawyers, in particular, can be somewhat uneasy about predicting forthcoming events. It is...

  8. Chapter 5 Prosecuting Torture
    Chapter 5 Prosecuting Torture (pp. 119-146)

    In July 2005, Faryadi Sarwar Zardad, an Afghan citizen, was found guilty by an English court of conspiracy to torture. Although he was tried in London, he was prosecuted for crimes committed in Afghanistan in the mid-1990s. Zardad was the first and, at the time of writing, the only person to have been charged, prosecuted, and convicted of torture in the United Kingdom. Zardad’s prosecution was launched on the basis that torture was so heinous a crime, such an affront to ‘‘civilised values,’’ that perpetrators should be prosecuted no matter who they are, where they commit the act, and who...

  9. Chapter 6 The Shame of Torture
    Chapter 6 The Shame of Torture (pp. 147-168)

    This chapter is about the shame of torture. With some notable exceptions, torture appears to be one of the few things people will nearly universally say is wrong. The dishonor of exposure would therefore seem to be powerful. Who would willingly admit to being a torturer? Although shame can lead to denial, it also carries a sense of the vulnerability of reputation to the gaze of others (Piers and Singer 1972). As Thomas Keenan has argued, “The concept gathers together a set of powerful metaphors—the eyes of the world, the light of public scrutiny, the exposure of hypocrisy” (2004,...

  10. Conclusion
    Conclusion (pp. 169-176)

    The legal prohibition of torture seems absolute and definitive in principle. All too often though, it breaks down when it comes to specific cases. Torture is so hard to acknowledge, not because survivors find it hard to express what has happened to them but because we find it so difficult to say, hear, and name what is in front of us. The law seems to provide the opportunity to protect survivors and prosecute perpetrators with definitional coherence and the possibility of enforcement. Yet, in practice, legal processes create a set of requirements for recognition that very few people can meet....

  11. Notes
    Notes (pp. 177-196)
  12. Bibliography
    Bibliography (pp. 197-212)
  13. Index
    Index (pp. 213-218)
  14. Acknowledgments
    Acknowledgments (pp. 219-220)
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