Can the bomber be physically forced to divulge information?

The last essay dealt with whether or not a terrorist bomber could be physically forced to divulge information. The provided scenario fell very close in line with the ticking time bomb theory. In which laws against torture are questioned in a time when one person’s human rights should be forfeited for the sake of social preservation. This topic is becoming prominent and could possibly in the future lead to a change in the international laws on torture however unlikely.

Torture is strictly prohibited by international law, virtue of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 in which it is expressly stated that there is no circumstance where the use of torture is acceptable. Article 3 of the European Convention on Human Rights 1950 (ECHR) stipulates that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ Furthermore the United Kingdom’s legislation provides for torture under Section 134 of the Criminal Justice Act 1988. Therefore by domestic and international law standards the use of physical force would not be permissible.

The case of Gafgen v Germany demonstrated that the authorities have used physical force as a measure to locate an abducted child and it proved effective. However it boils down to ones perception of whether the ends justify the means.