Genghis Khan and the Making of the Modern World

by Jack Weatherford

In a similar way, Mongol authorities sought to eradicate torture or, at least, to severely curtail its use. Mongol law specified that before torture could be applied to elicit a confession, the officials had to already have substantial evidence, not mere suspicion, that the person had committed a particular crime. The Mongol legal code of 1291 specified that officials must “first use reason to analyze and surmise, and shall not impose abruptly any torture.” By comparison, at the same time that the Mongols were moving to limit the use of torture, both church and state in Europe passed laws to expand its usage to an ever greater variety of crimes for which there need be no evidence. Unlike the variety of bloody forms of torture, such as stretching on the rack, being crushed by a great wheel, being impaled on spikes, or various forms of burning, in other countries, Mongols limited it to beating with a cane.