Research On Rescue Torture In Anti-terrorism

The concept of rescue torture in anti-terrorism was extracted from the thought experiment of time bomb.Rescuing torture in counter-terrorism usually means that when a terrorist crime has not yet formed a criminal result,exhausting other methods cannot obtain rescue information,and using violence to force the suspect to provide relevant information for the rescue.The subjective purpose is to obtain rescue information.The objective aspect is to make the criminal suspect suffer physical or mental pain.Rescuing torture in counter-terrorism is torture for the purpose of obtaining intelligence,which is different from the other two types of torture.From the perspective of utilitarian theory,in order to protect safety of the public,it is reasonable to take a torture to sacrifice human rights.The rescue torture in counter-terrorism not only conforms to conditions required by legitimate defense in criminal law,but also meets the inherent legitimacy requirements of legitimate defense.Risk society theory insists on safety as the priority in the relationship between security and freedom.Rescue torture is also the primary goal of resisting risks and maintaining security.However,in the ethical perspective of absolutism,because the behavior itself is consistent with the universal ethical norms,the rescue torture in counter-terrorism protects the right of others by sacrificing the basic human rights of criminal suspects.If the rescue torture in counter-terrorism is not explicitly prohibited by law,then the practice of exercising torture will become more and more frequent.In anti-terrorism activities,in order to protect national security,law enforcement agencies should not only rely on the confession of suspects,but also adopt technical means such as evacuating people to minimize losses.If the crisis can not be solved in time because of human and technical constraints,the result of crime will endanger the personal and property security of the unspecified majority.At this time,only rescue torture can deal with the risk,then rescue torture in this specific case should be considered to be legitimate.At the same time,we should set up a system of pre-examination by judges of the use of rescue torture in counter-terrorism to prevent its abuse and effectively protect the basic rights of terrorist suspects.