Why? Suppose we define the punishment for torture, even for torturing real bad guys, to be an identical torture session visited on the instigator? That would pretty much guarantee that the only time torture is used is are the hypothetical ticking bomb scenarios.
But that is not currently the case, is it?
Furthermore, I happen to think that people are justified in behaving like monsters when their loved ones are in imminent mortal danger.
I disagree. I may sometimes understand it, but it is not justification.
If someone tortured me because their family was being held hostage and they thought I was responsible, yeah it would suck while it happened, but in the end I would surely forgive them.
Not me.
Whatever may happen to your loved ones has nothing to do with my rights.
What if they killed you? Would that be okay? (Or, indeed, if they killed your family, too, just in case?)
Where do you draw the lines?
Just how much would someone have to love someone else before torture would be advisable? My wife? My children? My great uncle twice removed? My hot, blonde single neighbour whom I have a crush on? Doesn't it bother you to allow those to torture who have the highest emotional investment and are, therefore, likely to be the least rational when it comes to making the decision?
How bad must the situation be? In what types of situation would you be in favour of torturing? (your loved ones being affected is, e.g. entirely different than a threat to the nation.)
Just assuming that their very life needs to be in danger - how urgent does the situation have to be?
And, again, why would a criminal not take all of this into account and ensure that either there is never a justification to torture them, or that they simply cannot change the course of events anymore?
It scares me how easy it is for some people just to give up on their civilisation.