f0xSenior Contributor
actual torture occurring in Australia
s 274.2 of Commonwealth Criminal Code sets out the offence of torture, which can be summarised as:
- conduct inflicting severe physical or mental pain or suffering
- for the purpose of obtaining information, punishing, intimidating or coercing
- by or at the instigation of a public official
(the full definition is at the bottom of this post)
I have information that the police would like me to give them and that information is incriminating, so I have a bedrock legal right not to give it
I think it's fair to say that relentless bullying and psychological abuse along with gaslighting over many years ("you're not being mistreated, it's all in your head") would satisfy the "severe mental pain or suffering" part
if the reason is to coerce me to "come clean", or "not talk", or "move on" or anything else, then we have the second part
and if the conduct can be connected back to the police or any other public official, then we have a slam dunk
this is how torture occurs in this country
Criminal Code s.274.2:
(1) A person (the perpetrator) commits an offence if the perpetrator:
(a) engages in conduct that inflicts severe physical or mental pain or suffering on a person (the victim); and
(b) the conduct is engaged in:
(i) for the purpose of obtaining from the victim or from a third person information or a confession; or
(ii) for the purpose of punishing the victim for an act which the victim or a third person has committed or is suspected of having committed; or
(iii) for the purpose of intimidating or coercing the victim or a third person; or
(iv) for a purpose related to a purpose mentioned in subparagraph (i), (ii) or (iii); and
(c) the perpetrator engages in the conduct:
(i) in the capacity of a public official; or
(ii) acting in an official capacity; or
(iii) acting at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity.
