Repressive violence: a legal perspective

Abstract

The most obvious form of repressive violence emanates from the Executive Power, but the two other Powers can also be shown to be sources of repressive violence. This chapter tries to draw a legal distinction between Executive repressive violence on the one hand, and legislative and judicial repressive violence on the other. Executive repression is normally carried out by the police, on a broad scale starting from brutal police behaviour against students’ – or workmen’s – demonstrations to mistreatment and torture of prisoners. Legislative repressive violence consists of the systematic elimination of political opponents or dissidents by the utilization of statute law, namely the outlawing of certain groups or individuals who are threatening the central political Power. The chapter considers the problem of the repressive violence, emanating from the Executive Power. Repressive violence, emanating from any one of the three State Powers, can in most cases be considered as a violation of fundamental human rights and freedoms.