Updated: May 25
The convention against torture obligates state parties to make torture a criminal offense in domestic laws. Torture is a criminal act, in addition to being a crime against humanity.
States, contractors, and perpetrators are allies in keeping the problem silent and the torturer out of jail.
Impunity is the exemption from punishment, loss, or escaping from fines. In the international law of human rights, it refers to the failure to bring perpetrators of human rights violations to justice and constitutes a denial of the victims' right to justice and redress. Mental health professionals agree that the impunity for perpetrators contributes to social and psychological problems and impedes healing processes of survivors and the bereavement process.
Victim induces self-blame and guilt, generates feelings of helplessness, isolation, and resentment towards the social environment.
Torturers lead to erosion of moral codes, violent behavior in the community, feelings of fear, helplessness, and insecurity of society manifested by feelings of failure and frustration. Silencing the voice of the tortured survivors gives impunity to the perpetrators and is the most significant violations of the right to reparation for a victim.
Impunity of court contractors produces loss of credibility in the legal system.
Bringing torturers who contract with the family court system to justice is the most important step in changing the family court system. Not only did the court contractors fail to give victims justice, but impunity is also another failure of justice.
The criminalization of maltreatment and inhuman punishment in family court is needed.
The loophole of immunity permits court contractors protection to practice torture and maltreatment legally. Statutes of limitation as it relates to torture as a criminal offense should not be allowed so the perpetrator can avoid prosecutions and investigations of torture cases.
Judges are retaliating against a parent who speaks out about the judge by concealing them from their children or jailing them on false charges or claims.
Sometimes these contractors will have the parent in jail sign their rights away under duress. These parents are afraid they will never get out of jail and know they are illegally being held and the legal process is not being followed. Court employees will destroy evidence vital to the successful prosecution and conviction of torturers and frequently use false evidence in place of these missing documents.
The institution that allows torture investigates itself.
Judges and attorneys are bar members. If a protective parent files a complaint with the bar, nothing will get done and other attorneys will be able to see the protective parent filed the complaint. This complaint will make other attorneys not want to take the case in fear the protective parent will file a complaint against them. The governor will appoint a judge to the bench. File a complaint with the attorney general against a judge the governor put on the bench and it will be thrown aside. The sheriff, judges, and the caseworkers all work for the county. File a complaint with the county commissioners and the complaint just goes away or no abuse is found even if evidence is provided.
The torturers escape conviction when legal systems permit the use of arguments, such as “they were following orders” “it is company protocol,” or torture was justified as a “defense of necessity.”
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.https://www.justice.gov/crt/deprivation-rights-under-color-law