Mr. Speaker, I am pleased to have the opportunity to speak today on a subject that I care about deeply, the prevention and eradication of torture. I would first like to thank my colleague, the member for Rosemont—Petite-Patrie, for having introduced this important debate in the House of Commons. As he himself mentioned during his first speech in the first hour of this debate, torture—in addition to being a reality that we cannot deny—seems to be very much on the increase throughout the world. In fact, Amnesty International conducted a survey between 1997 and 2000, and found that torture or abuse took place in more than 150 countries.
Torture and abuse is characterized by intimidation, physical and mental violence, brutality, discrimination, pain and fear. How can we, in a so-called civilized world, tolerate such violations of human dignity? How can we tolerate human rights being violated in this way? Do we have the right to simply turn away from such situations, citing the fact that we already have legislation or treaties that punish and condemn such barbaric behaviour? The simple fact that we have to ask the question is answer enough.
For this reason, we must have the necessary tools to prevent such acts and punish those who commit them. In 1984, the United Nations passed the convention against torture and other cruel, inhuman or degrading treatment or punishment. Under this convention, torture is defined as follows:
--any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity-
Why is torture one of the most reprehensible things there is? Because, as the definition says, it is intentionally inflicted. It is a premeditated act. One cannot torture someone accidentally; it is impossible. The only way to torture someone, regardless of the reason for doing so, is with full awareness of one's actions. In the context of torture, breaking someone's arm or burning someone's flesh, administering electric shocks, whipping, beating to death, is always a premeditated act carried out with a very specific goal in mind. Whatever its attraction, it is undeniably an unacceptable and reprehensible abuse of power.
Worse still than physical torture, the most degrading form of torture is when someone attempts to break, humiliate and dehumanize victims. Reduced to a subhuman state, they feel attacked in their very being. They live in fear and shame under a moral intimidation which continues beyond the actual actions. Not only does such violence wound at the time it is inflicted, but these inner wounds may destroy a person's entire life. This is why we must do more than merely ratify the UN convention. It is more important than ever that Canada in turn ratify the Inter-American Convention to Prevent and Punish Torture.
This convention, which is under the aegis of the Organization of American States, came into effect in 1997. Unfortunately, nine of the 34 OAS member states have still not ratified it. This includes Canada and, surprisingly, the United States. But why sign this convention if we have already signed the UN convention? I will read the OAS definition of torture. It defines this practice as follows:
any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
There is no need to point out the difference between this definition and the one from the UN. Its complementarity is found in the last sentence, which reads, and I quote:
—of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
In order to understand in practical terms what this means, let us imagine the following scenario: a torturer who hates getting his hands dirty whispers to his victim in a convincing voice that he intends to kill his children. There is no physical violence involved, but the victim may well become very talkative, much to the pleasure of his torturer.
Under the OAS definition, such a practice would be considered as torture. Therefore, since this definition is more comprehensive and introduces a new element, it can only be a very significant and useful complement to the UN convention.
To say that the inter-American convention weakens that of the United Nations, as claimed by some members of this House, is sheer folly, particularly since the convention adopted by a majority of OAS state members targets a specific region of the world, namely the Americas. Not only does this allow for closer monitoring, but it has the geographical advantage of being in conjunction with the development of the free trade area of the Americas.
Who has not heard about the FTAA, this vast project on which all the states of the three Americas are working, with the exception of Cuba? We support the idea of developing this economic zone but, as Bloc Quebecois members have said repeatedly, not at any cost, and certainly not at the cost of doing it on the backs of citizens and violating the most fundamental rights. Why refuse to adhere to the principles that are already in place within the OAS to show our values and to show the context in which we want to build this FTAA?
If it is true that this government respects human dignity and fundamental rights, then it must be consistent and adopt the Inter-American Convention to Prevent and Punish Torture.
Article 5 of the Universal Declaration of Human Rights reads as follows:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
This is precisely what the inter-American convention is trying to promote and to have respected as closely as possible. Then, how can we be opposed to it?
If anyone is still wondering what point there is in ratifying two conventions instead of one, the answer is simple: this would enable us to reaffirm our commitment to defend the rights of all the citizens of this planet. This solidarity must know no boundaries and our values, combined with our respect of rights and freedoms, must impact upon the culture of our partners, economic or other. This is, moreover, one of the reasons that justifies adoption of this convention: cultural differences.
Even if not all peoples consider the same things acceptable or unacceptable, it is important to ensure that, on a subject as important as torture, everyone is in agreement. It is therefore inconsistent to want to step up economic ties with countries such as Colombia, for example, with whom we seem not to see eye to eye about torture. Colombia, of course, may seem less respectful of the conventions than Canada, we agree, but is it normal then for Canada not to see fit to sign the convention when Colombia has signed it? How can we then reprimand a state in the OAS for dubious practices when we have not seen fit to become a signatory to a convention aimed precisely at protecting people from this type of abuse?
The last point I want to address is the new context within which we find ourselves today. We have referred to it on so many occasions here in the House: the fight against terrorism.
Could it be that, in seeking out terrorists, acts of torture might be committed with a view to obtaining information on the various networks of terrorists and on potential attacks?
I fear the answer may be yes, and I would therefore invite each and every one of my colleagues to reflect on this point.