The church has always condemned torture…
I believe you are in error.
In times past, cruel practices were commonly used by legitimate governments to maintain law and order, often without protest from the Pastors of the Church, who themselves adopted in their own tribunals the prescriptions of Roman law concerning torture. - Catechism of the Catholic Church (1992), on “Respect for bodily integrity”.
#2298.
The papal bull Ad extirpanda (named for its Latin incipit) by Pope Innocent IV, promulgated on May 15, 1252 explicitly authorized (and defined the appropriate circumstances for) the use of torture by the Inquisition for eliciting confessions from heretics.
"Innocent’s Bull prescribes that captured heretics, being “murderers of souls as well as robbers of God’s sacraments and of the Christian faith, . . . are to be coerced – as are thieves and bandits – into confessing their errors and accusing others, although one must stop short of danger to life or limb.” — Bull Ad Extirpanda (Bullarium Romanorum Pontificum, vol. 3 [Turin: Franco, Fory & Dalmazzo, 1858], Lex 25, p. 556a.)
(Translation of Ad extirpanda:
userwww.sfsu.edu/~draker/history/Ad_Extirpanda.html)
http://en.wikipedia.org/wiki/Ad_extirpanda: The bull was issued in the wake of the murder of the papal inquisitor of Lombardy, St. Peter of Verona, who was killed by a conspiracy of Cathar sympathizers on 6 April 1252.
The bull argued that as heretics are “murderers of souls as well as robbers of God’s sacraments and of the Christian faith …”, they are “to be coerced—as are thieves and bandits—into confessing their errors and accusing others, although one must stop short of danger to life or limb.” The following parameters were placed on the use of torture:
that it did not cause loss of life or limb (citra membri diminutionem et mortis periculum)
that it was used only once, and that the Inquisitor deemed the evidence against the accused to be virtually certain.
The requirement that torture only be used once was effectively meaningless in practice as it was interpreted as authorizing torture with each new piece of evidence that was produced and by considering most practices to be a continuation (rather than repetition) of the torture session (non ad modum iterationis sed continuationis)
The bull conceded to the State a portion of the property to be confiscated from convicted heretics.[3] The State in return assumed the burden of carrying out the penalty.
http://www.rtforum.org/lt/lt119.html: St. Thomas Aquinas (13th century). The Angelic Doctor never treats of torture in secular judicial inquiries. However, without mentioning the word, he does justify the contemporary Inquisition’s use of torture (recently introduced in 1252 by Pope Innocent IV… in considering whether unbelievers may be “compelled” to the faith, he first acknowledges that those who have never been Christians (i.e., Jews, pagans and Muslims) may not be forced to embrace the faith, but then continues: “On the other hand, there are unbelievers who at some time have accepted the faith, and professed it, such as heretics and all apostates: such should be submitted even to bodily compulsion, that they may fulfil what they have promised, and hold what they, at one time, received”.
Cardinal Juan De Lugo (17th century). Nevertheless, against the kinds of arguments advanced by the aforesaid writers, this renowned Spanish Jesuit – possibly the most respected Catholic moral theologian of his century – maintains in his 1642 treatise De iustitia et iure (37: 13) that worse evils to the common good would follow if torture were not allowed. (Many other lesser known Catholic writers of this period continue to argue on similar lines.)…
Catholicism has now been explicitly and emphatically the Roman state religion since the imperial edict of February 28, 380,6 but the laws remain to a great extent in fundamental continuity with the old pagan legislation – including its reliance on interrogatory torture (quaestio) as a standard part of judicial practice for serious crimes. It was even prescribed, under certain circumstances, for witnesses, not just those accused of a crime.
By the time Augustine wrote The City of God (between 413 and 427), Catholic Christianity had been emancipated for over a century and had been the official and dominant religion of the Empire for nearly half of that period. In trying to discern what, if anything, the Church’s magisterium said about torture in the patristic era, we must add to Augustine’s explicit shoulder-shrugging resignation the silence of other successors of the Apostles before and after him, including, it seems, all the Bishops of Rome for as long as the abominable practice remained legal.
Pope Benedict XVI, in a speech of 6 September 2007…“In this regard, I reiterate that the prohibition against torture ‘cannot be contravened under any circumstances’”. — Torture and corporal punishment as a problem in catholic theology, September 2005: Living Tradition ORGAN OF THE ROMAN THEOLOGICAL FORUM, Editor: Msgr. John F. McCarthy, J.C.D., S.T.D., Living Tradition, Oblates of Wisdom, P.O. Box 13230, St. Louis, MO 63157, USA