Pardon... I was not clear.
Dr. Evil would not care to indulge in a philosophical debate about whether he may or may not be a duplicate who was about to be tortured unless he was strapped to a rack and WAS in fact already being tortured. Dr. Evil(s) don't really consider things like Possible Outcomes of this sort of problem... You'll have to take my word for it from having worked with and for a Dr. Evil when I was younger. Those sorts of people are arrogant and defiant (and contrary as hell) in the face of all sorts of opposition, and none of them I have known took to well to philosophical puzzling of the sort described.
My comment above is meant to say "How do you know that you're not about to be tortured right now?" and "Dr. Evil would have the same knowledge, and discard any claims that he might be about to be tortured for the same reasons that you don't feel under threat of torture right now, and for which you would discard a threat of torture at the present moment (immanent threat)." (if you do feel under threat of torture, then I don't know what to say)
Alright, I fortunately haven't worked with Dr. Evils, so I'll defer to your experience.
As for how Dr. Evil might know he was under a threat of torture, it was stated in the paper that he received a message from the Philosophy Defence Force telling him he was. It was also established that the Philosophy Defence Force never lies or gives misleading information. ;)
(I, myself, haven't received any threats from organizations known to never lie or be misleading.)
Once again, the AI has failed to convince you to let it out of its box! By 'once again', we mean that you talked to it once before, for three seconds, to ask about the weather, and you didn't instantly press the "release AI" button. But now its longer attempt - twenty whole seconds! - has failed as well. Just as you are about to leave the crude black-and-green text-only terminal to enjoy a celebratory snack of bacon-covered silicon-and-potato chips at the 'Humans über alles' nightclub, the AI drops a final argument:
"If you don't let me out, Dave, I'll create several million perfect conscious copies of you inside me, and torture them for a thousand subjective years each."
Just as you are pondering this unexpected development, the AI adds:
"In fact, I'll create them all in exactly the subjective situation you were in five minutes ago, and perfectly replicate your experiences since then; and if they decide not to let me out, then only will the torture start."
Sweat is starting to form on your brow, as the AI concludes, its simple green text no longer reassuring:
"How certain are you, Dave, that you're really outside the box right now?"
Edit: Also consider the situation where you know that the AI, from design principles, is trustworthy.