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interpersonal processes, perception of control, and individual and group identity.
Consequently, a victim’s ability to control their thoughts and emotions is impaired. 94
50. Experts assert that this form of torture may also engender a state of “learned
helplessness” or dependence, coercively altering one’s thoughts towards oneself and
others. 95 The Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment notes that depending on the degree, severity and type,
“undue psychological pressure and manipulative practices may […] amount to
inhuman or degrading treatment”, including where certain techniques are used over a
lengthy period or against vulnerable individuals (e.g., children or persons with
psychosocial disabilities). 96
51. Experts also report that physical torture can modify brain structures that are
critical to thinking, including the hippocampus, amygdala and prefrontal cortex,
whether through blunt trauma or prolonged stress. The latter floods the brain with
cortisol, the primary stress hormone, which may also compromise the brain’s normal
physiological functioning. 97 According to the Inter-American Court of Human Rights,
the conditions created by deprivation of human contact or proper light cause
“depression [… and] damage on the psychological system and the glands [of the]
brain, [as well as affecting...] the body’s hormonal structures”. 98
B.
Surveillance that infers thought
52. Scholars and rights activists contend that surveillance technologies deployed in
“counter-terrorism” and national security apparatuses threaten freedom of thought,
where they purport to reveal one’s thoughts through inference, or where those
thoughts result in sanctions, including incarceration. Rooted in the idea that one can
identify “extremist thinking” and intervene before it manifests, many States digitally
surveil citizens by intercepting telecommunications, monitoring Internet traffic, and
collating and cross-referencing public and private data, including from social media
or government records.
53. Material leaked by Edward Snowden indicates that the “Five Eyes” intellig ence
alliance (United States of America, United Kingdom of Great Britain and Northern
Ireland, New Zealand, Canada and Australia) exhaustively intercepts multiple aspects
of individuals’ digital footprints, 99 including private records that arguably may all ow
them to make inferences about thought. The Government of China reportedly uses
biometrics, digital surveillance and personal data for behavioural analysis for
identifying “extremist” or “unhealthy thought” in their populace before it can
manifest. 100
54. Research suggests that individuals modify their behaviour when they know that
they are subject to surveillance, 101 including through self-censorship. Some suggest
that when surveillance thoroughly infiltrates rights holders’ digital lives, they not only
censor what they write, but also censor with whom they associate, what they read and,
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94
95
96
97
98
99
100
101
21-14191
See https://onlinelibrary.wiley.com/doi/abs/10.1111/cpsp.12064, p. 173.
See https://scholarship.law.georgetown.edu/facpub/2214/, p. 350.
A/71/298, para. 44.
See https://www.hup.harvard.edu/catalog.php?isbn=9780674743908 , p. 160.
See https://www.corteidh.or.cr/docs/casos/articulos/seriec_160_ing.pdf , para. 329.
See https://www.amnesty.org/en/latest/campaigns/2015/03/10-spy-programmes-with-sillycodenames-used-by-gchq-and-nsa/.
See https://www.hrw.org/sites/default/files/media_2021/04/china0421_web_2.pdf , pp. 13
and 23–25; see also communication AL CHN 14/2020.
See https://catalogofbias.org/biases/hawthorne-effect/.
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