酷刑:从合法的手段到公认的罪行

Torture: From the Legitimate Means to Acknowledged Crimes

在人类历史上,酷刑曾长期是各国司法制度中合法的手段。近代以后人类才开始在法律上废除酷刑的漫长进程。其中,17世纪英格兰终止刑讯具有先驱意义。18、19世纪欧洲大陆国家相继废除了酷刑。西方国家废除酷刑对一些东方国家也产生了影响。第二次世界大战以后,禁止酷刑不仅为国际条约所规定,而且已成为国际习惯法和强行法规则。在当今国际社会酷刑已成为公认的罪行。然而,酷刑作为人类社会的一种制度顽疾,在法律上废除并不等于在事实上根除。

In the history of human, torture had been the legitimate means in judicial system of the most countries. Just until the modern time human began a long process of abolishing torture under law. England stopped using torture for extortion of confession in the 17th century which had the model signifi- cance. European continental countries abolished torture successively during thelSth and the 19th centu- ries. The fact of abolishing torture in western countries had an impact on some eastern countries too. Af- ter World War II, prohibition of torture has been not only provided by international treaties, and also has become a rule of customary law and jus congens. Nowadays, torture has been regarded as acknowledged crimes in international society. However, as an institutional chronic and stubborn disease, legally abol- ished torture is not equal to eradication of it in practice.