A/HRC/43/49
been understood primarily as a tool used to obstruct the exercise of the right to freedom of
expression on the Internet, and not as a violation of human rights that could be committed
through the use of cybertechnology.
72.
This seems surprising given that some of the characteristics of cyberspace make it an
environment highly conducive to abuse and exploitation, most notably a vast power
asymmetry, virtually guaranteed anonymity and almost complete impunity. States,
corporate actors and organized criminals not only have the capacity to conduct
cyberoperations inflicting severe suffering on countless individuals, but may well decide to
do so for any of the purposes of torture. It is therefore necessary to briefly explore, in a
preliminary manner, the conceivability and basic contours of what could be described as
“cybertorture”.
73.
In practice, cybertechnology already plays the role of an “enabler” in the
perpetration of both physical and psychological forms of torture, most notably through the
collection and transmission of surveillance information and instructions to interrogators,
through the dissemination of audio or video recordings of torture or murder for the
purposes of intimidation, or even live streaming of child sexual abuse “on demand” of
voyeuristic clients (A/HRC/28/56, para. 71), and increasingly also through the remote
control or manipulation of stun belts (A/72/178, para. 51), medical implants and,
conceivably, nanotechnological or neurotechnological devices. 55 Cybertechnology can also
be used to inflict, or contribute to, severe mental suffering while avoiding the conduit of the
physical body, most notably through intimidation, harassment, surveillance, public shaming
and defamation, as well as appropriation, deletion or manipulation of information.
74.
The delivery of serious threats through anonymous phone calls has long been a
widespread method of remotely inflicting fear. With the advent of the Internet, State
security services in particular have been reported to use cybertechnology, both in their own
territory and abroad, for the systematic surveillance of a wide range of individuals and/or
for direct interference with their unhindered access to cybertechnology. 56 Electronic
communication services, social media platforms and search engines provide an ideal
environment both for the anonymous delivery of targeted threats, sexual harassment and
extortion and for the mass dissemination of intimidating, defamatory, degrading, deceptive
or discriminatory narratives.
75.
Individuals or groups systematically targeted by cybersurveillance and
cyberharassment are generally left without any effective means of defence, escape or selfprotection and, at least in this respect, often find themselves in a situation of
“powerlessness” comparable to physical custody. Depending on the circumstances, the
physical absence and anonymity of the perpetrator may even exacerbate the victim’s
emotions of helplessness, loss of control and vulnerability, not unlike the stress-augmenting
effect of blindfolding or hooding during physical torture. Likewise, the generalized shame
inflicted by public exposure, defamation and degradation can be just as traumatic as direct
humiliation by perpetrators in a closed environment.57 As various studies on cyberbullying
have shown, harassment alone in comparatively limited environments can expose targeted
individuals to extremely elevated and prolonged levels of anxiety, stress, social isolation
and depression and significantly increases the risk of suicide. 58 Arguably, therefore, much
more systematic, government-sponsored threats and harassment delivered through cybertechnologies not only entail a situation of effective powerlessness but may well inflict
55
56
57
58
Al Elmondi, “Next-generation nonsurgical neurotechnology”, Defense Advanced Research Projects
Agency, available at www.darpa.mil/program/next-generation-nonsurgical-neurotechnology.
See Human Rights Council resolutions 32/13 and 38/7. See, most notably, the 2013 disclosures by
Edward Snowden of the global surveillance activities conducted by the United States National
Security Agency and its international partners, see Ewan Macaskill and Gabriel Dance, “NSA files:
decoded – what the revelations mean for you”, The Guardian, 1 November 2013.
Pau Pérez-Sales, “Internet and torture” (forthcoming).
Ann John and others, “Self-harm, suicidal behaviours, and cyberbullying in children and young
people: systematic review”, Journal of Medical Internet Research, vol. 20, No. 4 (2018); Rosario
Ortega and others, “The emotional impact of bullying and cyberbullying on victims: a European
cross-national study”, Aggressive Behavior, vol. 38, No. 5 (September/October 2012).
19
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