Do not be misguided by his humble appearance with his mustache, resonant voice and three-piece suit. Professor Manfred Nowak, author of the commentary on civil and political rights and the benchmark for international law experts, is feared by governments. Nowak's reports assess which corners of the world are violating the principle of absolute prohibition on torture. Whatever counts as torture or genocide is defined by his expertise.
Recently The Epoch Times was able to meet with the man who has been the United Nations Special Rapporteur on Torture at a convention in Salzburg, Austria. Eloquent but comprehensible for laypersons, Nowak lectured about the current status quo regarding torture.
9/11 Changed the World
"Every objective observer is clear about the fact that there has been torture both before 9/11 and afterwards. Nothing has changed about that. What has changed though, which is very significant, is that now the absoluteness of the prohibition on torture is more and more questioned" Nowak sighs. Dogmatically there are certain nuances from inhumane and degrading, to blatant acts of torture.
"To be torture," the Professor explains, "It has to be a state run act that causes non-negligible pain. Besides that, it has to be intentional and has to have a reason, for example, to force a confession." Nowak summed that it has always been crystal clear that all acts of torture are absolutely forbidden under all circumstances.
However, some countries, including the United States, consider this absoluteness to be too extreme in times like these and think it may be relaxed. Looking at the malpractices in Abu Ghraib, one can tell that a Pandora's box has been opened once "absolute prohibition" was called into question.
"If individual policemen in extremely exceptional cases decide to enact certain forms of torture in order to protect one or more innocent lives and so commit a criminal act, it may be understandable. But he still has to be held accountable by the state. Every judge will probably accept an extenuating cause in such a rare case." Nowak's doctrine was acknowledged with applause.
USA is Not China
"To dispel all misconceptions: Of course China can't be compared with the United States!" clarified Nowak, answering a question from the audience. Guantanamo and so on are in the spotlight merely because the mistakes there are carried out by a state that really should be a positive example. The United States is a highly developed democracy with a long history of good human rights. What is more distressing to the Western World is that now, so to speak, the master betrays his own principles.
"China of course is a different story all together. In China not only are the human rights of criminals in an objective sense violated but also of all of those 'offenders' that are not tolerated by the communist regime. Those are the Falun Gong practitioners, the Democrats, the Uigurs and many more.
According to the communist system those people are being tortured until they repent. Even if there is nothing to repent people in China repent the most absurd confessions. After the torturer has completed his task – that is, subjecting the victim to electronic shocks, sleep deprivation and genital mutilation—many victims cannot stand the pressure any longer," Nowak explains. Anyone that is classified as an enemy of the state by Beijing can be put into a labor camp for transformation without a proper sentence. "Of course that cannot be compared with the United States".
Gao Zhisheng
Asked whether he knows the lawyer Gao Zhisheng from Beijing who currently suffers from reprisals and even attempts of murder, the professor replies, "During my fact finding mission in China last year I unsuccessfully tried to speak with him privately. I noticed that it was impossible to talk with the man because we were constantly observed by as many as sometimes nine secret agents. He used to be one of the most respectable lawyers in Beijing. When he started representing persecuted people he was declared a persona non grata. After my visit to China they even shut down his office and I don't know how he is at the moment."
About His Job
Why human rights? Many people ask how the Dr. Nowak deals with the uneasy confrontations with the harsh reality of torture victims, he answers that despite the horrible experiences it still is a beautiful job. Of all the philosophies, dogmas and views of life, human rights is the only one accepted worldwide. That is a positive view. It provides us with the possibility to mutually learn from the past. What is more, is that thanks to all the NGO's one can detect more and more that human rights are becoming more important these days. "If you read the papers nowadays you find at least three articles about this topic," Nowak smiles.
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