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In the study of the history of torture, it is imperative to recognize that the history of torture is specific to torture, not capital punishment. Though impaling, crucifixion, stoning, and the guillotine are all specific examples of capital punishment, they are not in and of themselves torture. Torture may end in death, but it is a prequel to the experience. Any examples of historical torture we examine must be viewed from this light. These examples may include the rack, water boarding, burning, cutting, shocking, the Iron Maiden, genital mutilation, rape, psychological torture, and many others.

Deliberately painful methods of torture and execution for severe crimes were taken for granted as part of justice until the development of Humanism in 17th century philosophy, and "cruel and unusual punishment" came to be denounced in the English Bill of Rights of 1689. The Age of Enlightenment in the western world further developed the idea of universal human rights. The adoption of the Universal Declaration of Human Rights in 1948 marks the recognition at least nominally of a general ban of torture by all UN member states. Its effect in practice is limited, however, as the Declaration is not ratified officially and does not have legally binding character in international law, but is rather considered part of customary international law. Hundreds of countries still practice torture today. Some countries have legally codified it, and others have claimed that it is not practiced, while maintaining the use of torture in secret.

Antiquity

The ancient Greeks and Romans used torture for interrogation. Until the 2nd century AD, torture was used only on slaves (with a few exceptions). After this point it began to be extended to all members of the lower classes. A slave's testimony was admissible only if extracted by torture, on the assumption that slaves could not be trusted to reveal the truth voluntarily.

In ancient Rome, prior to crucifixion, victims were often savagely whipped with barbed metal lashes, to induce exsanguination (bleeding to death). This had the effect of weakening the condemned and thus speeding up what could be an inconveniently long execution process. Other forms of torture used prior to crucifixion included the use of the cat o' nine tails, beating, stoning, and psychological torture through mocking and stripping the victim.

Modern scholars find the concept of torture to be compatible with society's concept of justice during the time of the Roman Empire. Romans, Jews, Egyptians and many other cultures during that time included torture as part of their justice system. In terms of capital punishment, Romans had crucifixion, Jews had stoning and Egyptians had desert sun death. Public shame and beatings were also popular punishments. All these acts of torture and subsequent execution were considered necessary (to deter others) or good (to punish the immoral).

Middle Ages

Medieval torture rack

Medieval and early modern European courts used torture, depending on the crime of the accused and his or her social status. Torture was deemed a legitimate means to extract confessions or to obtain the names of accomplices or other information about a crime. It was permitted by law only if there was already half-proof against the accused. Often, defendants already sentenced to death would be tortured to force them to disclose the names of accomplices. Torture in the Medieval Inquisition began in 1252 with a papal bull Ad Extirpanda and ended in 1816 when another papal bull forbade its use.

Torture was usually conducted in secret, in underground dungeons. By contrast, torturous executions were typically public, and woodcuts of English prisoners being hanged, drawn and quartered show large crowds of spectators, as do paintings of Spanish auto-da-fé executions, in which heretics were burned at the stake.