THE ETHICS OF PARTICIPATING IN PSYCHOLOGICAL

TORTURE

By: Jesse Rabinovitch& Jenine Hamonic

http://www.youtube.com/watch?v=9ufVGyHb0Gc

What is Psychological Torture? Any act by which severe mental pain or

suffering is intentionally inflicted on a person.Goal: To breakdown resistance, denial and

deception of suspects○ Sensory Overstimulation/Distortion: Physical

brutality, sleep deprivation, exhaustion, exposure to extreme cold or heat, flooding with light or sound

○ Sensory Deprivation: Prolonged isolation, darkness ○ Humiliation: Sexual & Cultural ○ Drugs○ Purely Psychological: Self-inflicted pain,

interrogation techniques

(Soldz, 2008; Williamson, 2006)

Why Be Concerned? Honour the 5 ethical principles Knowledge = potential for harm Knowledge is power & power corrupts Advocate for the Protection of society:

“It is time that psychology as a profession, along with the other health professions, takes the lead in contributing to the building of respect for humanity rather than aiding the creation of hell” (Soldz, 2008, p.607).

Theoretical Models of Torture Reid Model Decision-making Model Psychoanalytic Models Interaction-Process Model Cognitive-Behavioural Model Ofshe-Leo Model

Psychologist Assistance Reid Model:

Development of rapport and trust (e.g., through credibility or sincerity).

Using psychological manipulation of suspect’s weaknesses and attitudes.

Use of suggestion.Regulation of anxiety (etc.) and

understanding of readiness to accept suggestion.

Psychologist Assistance Decision-Making Model

Focuses on the decision making of suspects during custodial interrogation○ Silence?○ Truth?○ Disclosure?

Psychologist Assistance Psychoanalytic Models

Rely on the belief that the feelings of remorse and the need to reveal it are the principal reasons for confessions

Confessions are attempts at resolution that the superego undertakes in order to settle the disagreement between the ego and the id

(Reik, as cited in Williamson, 2006)

Psychologist Assistance Interaction-Process Model

A suspect’s initial reaction to an allegation is influenced by the interaction of 3 groups of factors:

1. Background characteristics of the suspect and the offense

2. Contextual characteristics3. Interviewer’s questioning techniques

Psychologist Assistance Cognitive Behavioural Model

obtaining a confession relies on the existence of a particular relationship with the suspect, the environment and significant others within that environment

Antecedents and consequences play principal roles

Psychologist Assistance Ofshe-Leo Model

5 stages of confessionThis model argues that confessions arise

largely due to pressure or legally defined coercion

Major Points in APA History (Behnke, 2006)

1985 - Joint Resolution Against Torture with the American Psychiatric Association

1986 - APA Resolution Against Torture

Major Points in APA History (Behnke, 2006)

2002, APA Ethics Code:The law takes precedenceOverturned the previous policy stating

that the ethical code takes precedencePresented to and approved by the APA

Board of Directors in emergency session, circumventing Council, informing the Council of Representatives post facto.

Major Points in APA History (Behnke, 2006)

2003, APA President:“Psychologists can play an appropriate and

ethical role in national security investigations. Our goals are to ensure that psychologists add value and safeguards to such investigations and that they are done in an ethical and effective manner that protects the safety of all involved.” (APA, 2005b, para. 3)

Major Points in APA History (as cited in Soldz, 2008)

2006, APA: Formed a Presidential Task Force on

Psychological Ethics and National Security (PENS).

Concluded “that it is consistent with the APA Ethics Code for psychologists to serve in consultative roles to interrogation and information-gathering processes for national security-related purposes.” (APA, 2005c)

Major Points in APA History (as cited in Soldz, 2008)

May/06, American Psychiatric Association:Banned direct participation in interrogations.

June/06, American Medical Association:“Physicians must neither conduct nor

directly participate in an interrogation...undermines the physician’s role as healer and thereby erodes trust.”

Major Points in APA History (as cited in Soldz, 2008)

Aug/07, APA Board:Introduced an anti-torture resolution containing

loopholes Jan/08, APA President-Elect Gerald Koocher:

“The goal of such psychologists’ work will ultimately be the protection of others (i.e., innocents) by contributing to the incarceration, debilitation, or even death of the potential perpetrator, who will often remain unaware of the psychologists’ involvement” (Coalition for an Ethical Psychology, 2008, p. 10).

Feb/08, APA Council:Amended resolution, removing loopholes

Legal Rights & Regulations Universal Declaration of Human Rights:

“No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment” (Schulz, 2007).

In most scenarios, this standard is the most ethicalHowever, what about the ticking time bomb

scenario?

Ticking Time Bomb...“Suppose a terrorist has hidden an atomic

bomb on Manhattan Island which will detonate at noon on July 4 unless...(here follow the usual demands for money and release of his friends from jail). Suppose, further, that he is caught at 10 a.m. of the fateful day, but preferring death to failure – won’t disclose where the bomb is. What do we do?” (Shulz, 2007)

Ticking Time Bomb...III.36 - Familiarize themselves with their

discipline’s rules and regulations, and abide by them, unless abiding by them would be seriously detrimental to the rights or welfare of others as demonstrated in the Principles of Respect for the Dignity of Persons or Responsible Caring (CPA, 2001).

In Groups Discuss...1. Who are involved?2. What are the relevant characteristics of the

individuals, groups, system, and circumstances?

3. What ethically relevant issues, practices, rights and interests are involved?

4. What are your personal biases, and how does this influence how you look at the issue?

5. What are the alternatives?

Ethical Codes (CPA, 2001)

Canadian Code of Ethics, Principle IV.27:Not contribute to nor engage in research or any

other activity that contravenes international humanitarian law, such as the development of methods intended for use in the torture of persons, the development of prohibited weapons, or destruction of the environment.

Arguments against: I.4, I.5, I.6, I.7, I.8, I.20, I.27, I.28, I.30, I.31, I.38, I.43, I.46, II.2, II.4, II.5, II.10, II.36, II.38, II.39, IV.7, IV.13, IV.17

Conditions if arguing for: II.13, II.16, II.17, II.37 III.5, III.10

Important Code for Discussion

III.10 - Evaluate how their personal experiences, attitudes, values, social context, individual differences, stresses, and specific training influence their activities and thinking, integrating this awareness into all attempts to be objective and unbiased in their research, service, and other activities (CPA, 2001).

What if the Law Conflicts?IV.17 - Familiarize themselves with the laws and

regulations of the societies in which they work, especially those that are related to their activities as psychologists, and abide by them. If those laws or regulations seriously conflict with the ethical principles contained herein, psychologists would do whatever they could to uphold the ethical principles. If upholding the ethical principles could result in serious personal consequences (e.g., jail or physical harm), decision for final action would be considered a matter of personal conscience (CPA, 2001).

Professional RecommendationsPsychologists have a responsibility to society

to ensure that all people are treated fairly regardless of their status within society (Truscott & Crook, 2004) IV. 19 – Act to change those aspects of the discipline of

psychology that detract from beneficial societal changes. IV. 22 – Speak out...if they possess expert knowledge on

important societal issues being studied. IV. 25 – Make themselves aware of the current social and

political climate...and exercise due discretion in communicating psychological information in order to discourage any further misuse.

(CPA, 2001)

Canadian Charter of Rights & Freedoms Canadian Charter of Rights and

Freedoms directly correlates with the implications of corollary IV. 25 in the Canadian Code of EthicsLegal Rights

○ Life, Liberty and Security of Persons○ Treatment and Punishment

Equality RightsEnforcement

Conclusion Various countries, including the US still

allow psychologists to participate in interrogations or even torture.

As psychologist we have an ethical responsibility to society to influence how the profession acts in accordance with the declaration of human rights.

ReferencesBehnke, S. (2006). Psychological ethics and national security: The

position of the American Psychological Association. European Psychologist,11, 153–156.

Canadian Psychological Association (2001). Canadian Code of Ethics for Psychologists (3rd ed.).

Perry, J. (2005). Torture: Religious ethics and national security. Ottawa, ON: Novalis.

Schulz, W. F. (2007). The phenomenon of torture: Readings and commentary. Philadelphia, PA: University of Pennsylvania Press.

Soldz, S. (2008). Healers or interrogators: Psychology and the United States torture regime. Psychoanalytic Dialogues, 18, 592–613.

Williamson, T. (2006). Investigative interviewing: Rights, research, regulation. Portland, OR: Willan Publishing.