CI-16-08472 DOCKET SHEET February 3, 2017 and Torture LAW and The United States - Wikipedia by Stan J. Caterbone and ADVANCED MEDIA GROUP, February 4, 2017

THE ACTS COMMITED AGAINST ME, STAN J. CATERBONE ARE ILLEGAL AND CRIMINAL!
PROTHONOTARY OF LANCASTER COUNTY

Katherine Wood-Jacobs George Alspach
Prothonotary Solicitor
STANLEY J CATERBONE
Case Number
vs.
CI-16-08472
LANCASTER GENERAL HOSPITAL (et al.)
PROTHONOTARY DOCKET ENTRIES

09/22/2016 COMPLAINT FILED BY STANLEY J. CATERBONE, IN PRO SE
09/22/2016 CAPTION ENTRY IS: STANLEY J. CATERBONE VS. LANCASTER GENERAL HOSPITAL; ABBEYVILLE
FAMILY MEDICINE; PATIENT FIRST URGENT CARE; SOUTHEAST MEDICAL; MEDEXPRESS
URGENT CARE; LANCASTER REGIONAL MEDICAL CENTER AND THE LANCASTER CITY POLICE
DEPARTMENT
10/03/2016 MOTION FOR A 30-DAY CONTINUANCE, FILED
10/03/2016 EXHIBIT FILED BY STANLEY J. CATERBONE IN PRO SE
10/31/2016 CASE ASSIGNED TO JUDGE ASHWORTH
11/15/2016 MOTION FOR SUMMARY JUDGMENT, FILED
February 03, 2017
THIS IS HOW THE COUNTY OF LANCASTER KEEPS ME CRIPPLED

AND TORTURES ME - BY JUDGE DAVID ASHWORTH REFUSING
TO MAKE A RULING ON THIS CASE - CLASSIC TORTURE BY DEFINITION
CI-16-08472 INJUNCTION FOR EMERGENCY RELIEF Page 1 of 16

(c) CountySuite Prothonotary, Teleosoft, Inc.
Saturday February 4, 2017
Torture and the United States - Wikipedia https://en.wikipedia.org/wiki/Torture_and_the_United_States
Torture and the United States

From Wikipedia, the free encyclopedia
Torture and the United States includes documented and alleged cases of torture both inside and outside the United States by members of the U.S. government,
the U.S. military, U.S. law enforcement agencies, U.S. intelligence agencies, U.S. health care services, and other U.S. public organizations.
While the term "torture" is defined in numerous places, including dictionaries and encyclopedias of various nations or cultures, this article only addresses the
legal definition of the term, under the codified and case law of the United States of America.[nb 1] After the U.S. dismissed United Nations concerns about
torture in 2006,[1] one UK judge observed 'America's idea of what is torture ... does not appear to coincide with that of most civilized nations'.[2] A two-year
study by U.S. independent group The Constitution Project concluded that it was "indisputable" that U.S. forces had employed torture as well as "cruel, inhuman
or degrading treatment" in many interrogations; that "the nation's most senior officials" bear ultimate responsibility for allowing and contributing to the spread
of these techniques, and that there is substantial evidence that information obtained by these methods was neither useful nor reliable.[3]
Contents
1 Legislation, regulation, and treaties regarding torture
1.1 Prohibition under domestic law
1.1.1 Bill of Rights
1.1.2 18 U.S.C. 2340 (the "Torture Act")
1.1.3 Military Commissions Act of 2006
1.1.4 U.S. Army Field Manuals
1.2 Prohibition under international law
2 Historical practices of torture
2.1 Slavery
2.2 Lynching
2.3 "Third degree"
2.4 World War 2
2.5 Torture abroad during the Cold War
2.6 Torture (Countries With U.S. training) Post World War II to 1975
2.6.1 U.S. intelligence training manuals
3 Domestic torture in modern times
3.1 Domestic police and prisons
3.1.1 Police brutality
3.1.2 Prisoner abuse
3.2 Border Patrol and immigration detention
4 Torture abroad
4.1 Khalid el-Masri
4.2 Forms of torture and abuse
4.3 Application of Fifth Amendment to overseas torture
4.4 Torture, interrogation and prisons in the War on Terror
4.4.1 "Stress and duress"
4.4.2 Legal analyses
4.4.3 Authorization and methods of torture and abuse
4.5 Secret detention facilities
4.6 Torture and extraordinary rendition
4.7 Protests
5 United Nations Convention Against Torture
5.1 History of U.S. Accession
5.2 Ratification
5.3 Evidence of violations
6 U.S. case law on the convention
6.1 Burden of proof
6.2 In re M-B-A
6.3 Defining "torture"
6.4 Matter of J-E
7 See also
8 Notes
9 References
10 Further reading
11 External links
Legislation, regulation, and treaties regarding torture

Torture is illegal and punishable within U.S. territorial bounds. Prosecution of abuse occurring on foreign soil, outside of usual U.S. territorial jurisdiction, is
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difficult.
Prohibition under domestic law
Bill of Rights
It is debated as to whether or not torture as a punishment falls under the cruel and unusual punishment clause of the Eighth Amendment to the United States
Constitution. The text of the Amendment states that:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The U.S. Supreme Court has held since at least the 1890s that punishments which involved torture are forbidden under the Eighth Amendment.[4]
18 U.S.C. 2340 (the "Torture Act")
An act of torture committed outside the United States by a U.S. national or a non-U.S. national who is present in the United States is punishable under 18
U.S.C. 2340 (https://www.law.cornell.edu/uscode/text/18/2340). The definition of torture used is as follows:
As used in this chapter
(1) torture means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain
or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) severe mental pain or suffering means the prolonged mental harm caused by or resulting from
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures
calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or
application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and
(3) United States means the several states of the United States, the District of Columbia, and the commonwealths, territories, and
possessions of the United States.
Military Commissions Act of 2006
In October 2006, the United States enacted the Military Commissions Act of 2006, authorizing the President to conduct military tribunals of enemy combatants
and to hold them indefinitely without judicial review under the terms of habeas corpus. Testimony coerced through humiliating or degrading treatment would be
admissible in the tribunals. Amnesty International and numerous commentators have criticized the Act for approving a system that uses torture, destroying the
mechanisms for judicial review created by Hamdan v. Rumsfeld, and creating a parallel legal system below international standards.[5][6][7] Part of the act was an
amendment that retroactively rewrote the War Crimes Act, effectively making policy makers (i.e., politicians and military leaders), and those applying policy
(i.e., Central Intelligence Agency interrogators and U.S. soldiers), no longer subject to legal prosecution under U.S. law for what, before the amendment, was
defined as a war crime, such as torture.[8] Because of that, critics describe the MCA as an amnesty law for crimes committed during the War on Terror.[9][10]
U.S. Army Field Manuals
In late 2006, the military issued updated U.S. Army Field Manuals on intelligence collection (FM 2-22.3. Human Intelligence Collector Operations
(http://www.fas.org/irp/doddir/army/fm2-22-3.pdf), September 2006) and counterinsurgency (FM 3-24. Counterinsurgency (http://www.fas.org/irp/doddir
/army/fm3-24.pdf), December 2006). Both manuals reiterated that "no person in the custody or under the control of DOD, regardless of nationality or physical
location, shall be subject to torture or cruel, inhuman, or degrading treatment or punishment, in accordance with and as defined in U.S. law."[11] Specific
techniques prohibited in the intelligence collection manual include:
Forcing the detainee to be naked, perform sexual acts, or pose in a sexual manner;
Hooding, that is, placing hoods or sacks over the head of a detainee; using duct tape over the eyes;
Applying beatings, electric shock, burns, or other forms of physical pain;
Waterboarding;
Using military working dogs;
Inducing hypothermia or heat injury;
Conducting mock executions;
Depriving the detainee of necessary food, water, or medical care.[12]
Prohibition under international law
Torture in all forms is banned by the 1948 Universal Declaration of Human Rights (UDHR), which the United States participated in drafting. The United States
is a party to the following conventions (international treaties) that prohibits torture, such as the 1949 Geneva Conventions (signed 1949; ratified 1955), the
American Convention on Human Rights (signed 1977), the International Covenant on Civil and Political Rights (signed 1977; ratified 1992), and the United
Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (signed 1988; ratified 1994). It has neither signed nor
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ratified the Inter-American Convention to Prevent and Punish Torture.[13] International law defines torture during an armed conflict as a war crime. It also
mandates that any person involved in ordering, allowing, and even insufficiently preventing and prosecuting war crimes is criminally liable under the command
responsibility doctrine.
Historical practices of torture

Slavery
People living as slaves were regulated both in their service and when walking in public by legally authorized violence. On large
plantations, slave overseers were authorized to whip and brutalize noncompliant slaves. Slave codes authorized, indemnified or
even required the use of violence and were long criticized by abolitionists for their brutality. Slaves as well as free Blacks were
regulated by the Black Codes, and had their movements regulated by patrollers, conscripted from the white population, who were
allowed to use summary punishment against escapees, which included maiming or killing them.
Lynching
Lynching was a public act of murder, torture, and mutilation carried out by crowds, primarily against African Americans. A form of
mob violence and social control, usually involving (but by no means restricted to) the illegal hanging and burning of suspected
criminals, lynch law cast its pall over the Southern United States from the mid-19th to the mid-20th centuries. Victims were usually
black men, often accused of acting uppity towards (being insolent), assaulting, having sex with, or raping white people.
The documented murders of 4,743 people who were lynched in the United States between 1882 and 1968 were not often
publicized. It is likely that many more unrecorded lynchings occurred during and after this period which influenced The Great Peter, aka Gordon, a
Migration of 6.5 million African Americans away from southern states. A 1970s lynching site found in Noxubee County, slave from Louisiana,
Mississippi, a location central to regional mob violence, belies the continuation of lynching as a torture method. 1863. The scars are a
result of a whipping by
Most lynchings were inspired by unsolved crime, racism, and innuendo. 3,500 of its victims were African Americans. Lynchings his overseer, who was
took place in every state except four, but were concentrated in the Cotton Belt (Mississippi, Georgia, Alabama, Texas and subsequently discharged.
Louisiana).[14] Forms of violence and torture also included genital mutilation, strangulation, maiming and the severing of limbs. It took two months to
Both police and lawmakers, and later federal agents, were frequently complicit in lynching while affiliated with Ku Klux Klan recover from the beating.
groups, releasing prisoners to lynch crowds and/or refusing to prosecute the participants in a public act of murder. Despite
numerous attempts to do so, federal anti-lynching legislation was consistently defeated.[15]
"Third degree"
The use of "third degree interrogation" techniques in order to compel confession, ranging from "psychological duress such as prolonged confinement to extreme
violence and torture", was widespread and considered acceptable in early American policing.[16]:47 In 1910 the direct application of physical violence in order
to force a confession became a media issue and some courts began to deny obviously compelled confessions.[17]:42 In response to this, "covert third degree
torture" became popular, since it left no signs of physical abuse. The publication of the Wickersham Commission's "Report on Lawlessness in Law
Enforcement" in 1931 highlighted the widespread use of covert third degree torture by the police to force confessions, and led to a subsequent decline in its use
over the 1930s and 1940s.[17]:38
World War 2
During World War II, the U.S. military interrogated high-level Nazis at a secret camp, "P. O. Box 1142," outside Washington D.C. The interrogators did not use
physical torture, but did use psychological tricks, like threatening to turn the prisoner over to the Soviets.[18]
Some captured German U-boat crewmen were subjected to "shock interrogation" techniques, including exhausting physical exercise and beatings, after their
capture during Operation Teardrop.
After the war, in 1948, the United States Air Force invited German Luftwaffe interrogator Hanns Scharff to brief them on his interrogation techniques, which
did not use physical means to obtain information.
Torture abroad during the Cold War
American officials were involved in counter-insurgency programs in which they encouraged their allies, such as the ARVN to use torture, and actively
participated in it, during the 1960s to the 1980s. From 1967 to at least 1972, the Central Intelligence Agency coordinated the Phoenix Program, which targeted
the infrastructure of the Communist National Front for the Liberation of South Vietnam ("Viet Cong"). The program killed 26,000 Viet Cong and captured over
60,000.[19] Critics of the program assert that many of those identified by the program as Viet Cong members were actually civilians, who when captured
suffered torture by the South Vietnamese Army, under CIA supervision.
American trainers and intelligence coordination officials supported the internal security apparatus of the regimes of South America's southern cone as those
regimes carried out kidnappings, "disappearances", torture and assassinations during the 1970s and 1980s as part of Operation Condor.[20][21][22] Similar
support was provided to right-wing governments of Central America, particularly in the 1980s. Numerous participants in these abuses were trained by the U.S.
Army School of the Americas.[23] Americans were present as supervisors in the Mariona Prison in San Salvador, El Salvador, well known for a wide variety of
forms of torture.[24] One author, Jennifer Harbury, focussing on Central America, concluded that "A review of the materials leads relentlessly to just one
conclusion: that the CIA and related U.S. intelligence agencies have since their inception engaged in the widespread practice of torture, either directly or
through well-paid proxies."[25]
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In 2014, a report by Brazil's National Truth Commission asserted that the United States government was involved in teaching torture techniques to the Brazilian
military government of 1964-85.[26]
Torture (Countries With U.S. training) Post World War II to 1975
Torture Countries identified by Amnesty International.[27]

Torture Country U.S.-trained Military/Police U.S. military Aid (19461975) $US(1979)
Greece 14,144 2,794,900,000
Portugal 2,997 361,900,000
Spain 9,872 920,200,000
Turkey 18,900 4,576,400,00
Indonesia 4,757 218,200,000
Philippines 15,245 805,800,000
South Korea 32,479 6,542,300,000
South Vietnam 35,788 16,490,500,000
Iran 10,807 1,412,500,000
Saudi Arabia 1,380 295,900,000
Morocco 2,209 138,700,000
Tunisia 636 62,400,000
Venezuela 5,341 142,200,000
Uruguay 2,537 85,900,000
Paraguay 1,435 26,400,000
Peru 6,734 193,500,000
Nicaragua 4,897 25,500,000
Mexico 738 14,300,000
Haiti 567 4,200,000
Guatemala 3,030 39,300,000
Dominican Republic 3,705 38,200,000
Colombia 6,200 154,800,00
Chile 6,328 216,900,000
Brazil 8,448 603,100,00
Bolivia 3,956 56,600,000
Argentina 3,676 230,300,000
Source: The Washington Connection and Third World Fascism, Chomsky N, Herman ES, Spokesman (1979), ISBN 0-89608-090-0, pg 361.
U.S. intelligence training manuals
The Torture Manuals was a nickname for seven training manuals that had excerpts declassified to the public on September 20, 1996, by the Pentagon.
One was the 1963 CIA document, KUBARK Counterintelligence Interrogation, which describes interrogation techniques, including, among other things,
"coercive counterintelligence interrogation of resistant sources." The CIA techniques involved were used in the CIA's Phoenix Program in South Vietnam.
Eventually the CIAs psychological methods were spread worldwide through the U.S. Agency for International Developments Public Safety program and U.S.
Army Mobile Training Teams.[28]
Other manuals were prepared by the U.S. military and used between 1987 and 1991 for intelligence training courses at the U.S. Army School of the Americas
(SOA). The manuals were also distributed by Special Forces Mobile Training teams to military personnel and intelligence schools in Colombia, Ecuador, El
Salvador, Guatemala, and Peru.
The manuals advise that torture techniques can backfire and that the threat of pain is often more effective than pain itself. The manuals describe coercive
techniques to be used "to induce psychological regression in the subject by bringing a superior outside force to bear on his will to resist." These techniques
include prolonged constraint, prolonged exertion, extremes of heat, cold, or moisture, deprivation of food or sleep, disrupting routines, solitary confinement,
threats of pain, deprivation of sensory stimuli, hypnosis, and use of drugs or placebos.[29]
In a July 2002 memo sent to the Pentagon's chief lawyer by the military's Joint Personnel Recovery Agency, or JPRA, the military agency that provided advice
on harsh interrogation techniques for use against terrorism suspects, not only referred to the application of extreme duress as "torture" but warned that it would
produce "unreliable information".[30][31]
See also Office of Public Safety.
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Domestic torture in modern times
Domestic police and prisons
Police brutality
In more modern policing, police brutality has involved torture. Police officials have generally described these cases as
aberrations or the actions of criminals in police uniform, as New York City Police Commissioner Howard Safir described the
attack on Abner Louima.[32] Police brutality critics, such as law professor Susan Bandes, have argued that such a view is
erroneous and that it "allows police brutality to flourish in a number of ways, including making it easier to discount individual
stories of police brutality, and weakening the case for any kind of systemic reform."[33]
In the 1970s and 80s the Chicago Police Department's Area 2 unit under Commander Jon Burge repeatedly used electroshock,
near-suffocation by plastic bags and excessive beating on suspects. The City of Chicago's Office of Professional Standards
(OPS) concluded that the physical abuse was systematic and, "The type of abuse described was not limited to the usual beating,
but went into such esoteric areas as psychological techniques and planned torture."[34]
In 1997, Abner Louima was sodomized with a plunger by New York City police.[35] The officer was convicted and sentenced to Prisoners at a whipping post
30 years in prison in a Delaware prison, c.
1907.
In May 2006 in Geneva, Switzerland the United Nations Committee against Torture released a report, which took note of the
"limited investigation and lack of prosecution" in connection to accusations of torture in Areas 2 and 3 of the Chicago Police
Department and called on American authorities to "promptly, thoroughly and impartially" investigate the accusations, and provide
the committee with more information.[36][37]
In 1983 Texas sheriff James Parker and three of his deputies were convicted for conspiring to use waterboarding to force
confessions. The complaint said they "subject prisoners to a suffocating water torture ordeal in order to coerce confessions. This
generally included the placement of a towel over the nose and mouth of the prisoner and the pouring of water in the towel until the
prisoner began to move, jerk, or otherwise indicate that he was suffocating and/or drowning."[38] The sheriff was sentenced to ten
years in prison, and the deputies to four years.[38][39]
In September 1997, two former officers from the Adelanto Police Department, San Bernardino County, California, were jailed for
two years on federal charges, after pleading guilty to beating a suspect during questioning and forcing another man to lick blood off
the floor in 1994.[40]
Water torture in Sing
According to the Innocence Project, about 25 percent of wrongfully convicted innocent people were coerced into making false Sing, New York, 1890.
confessions or false incriminating statements.[41] Most of the victims were threatened by the terror of harsher sentences if they
remained non-compliant.
Prisoner abuse
In 2005, a Channel 4 documentary "Torture: Americas Brutal Prisons" showed video of naked prisoners being beaten, bitten by
dogs, and stunned with Taser guns and electric cattle prods.[42] In one case a prisoner is strapped to a restraint chair and left for
sixteen hours; two hours after being unshackled he dies from a blood clot. In another, mentally ill prisoner Charles Agster is Human rights critics have
suffocated to death. Another prisoner is found with a broken neck, broken toes and internal injuries following an argument with called the use of restraint
guards; after one month in a coma he dies from septicaemia. Fire extinguisher sized canisters of pepper spray are used to cover chairs at Guantanamo
prisoners with chemicals, and they are then left, resulting in second degree burns. Photos are shown of Frank Valdes, a convicted Bay for force-feeding a
killer on Death Row, who was beaten to death after writing to local Florida newspapers with allegations of prison officer corruption form of torture.
and brutality. Many of the segments in the documentary were several years old, e.g. from 1996, and were originally released to
lawyers seeking justice for the victims of the offenses shown. Several Lawsuits was filed against the Prison which resulted in the
Inmates . Other prison officers involved in the incidents were suspended from duty or discharged of their employment.
A 2010 memoir by Wilbert Rideau, an inmate at Angola Prison from 1961 through 2001, states that "slavery was commonplace in Angola with perhaps a
quarter of the population in bondage" throughout the 1960s and early 1970s.[43] The New York Times states that weak inmates served as slaves who were raped,
gang-raped, and traded and sold like cattle. Rideau stated that "The slave's only way out was to commit suicide, escape or kill his master."[43] Herman Wallace
and Albert Woodfox, members of the Angola 3, arrived at Angola in the late 1960s and became active members of the prison's chapter of the Black Panther
Party, where they organized petitions and hunger strikes to protest conditions at the prison and helped new inmates protect themselves from rape and
enslavement.[44] C. Murray Henderson, one of the wardens brought in to clean up the prison, states in one of his memoirs that the systemic sexual slavery was
sanctioned and facilitated by the prison guards.[45]
From the year 2000 onwards, the Supermax facility at the Maine State Prison was the scene of video-taped forcible extractions that Lance Tapley in the Portland
Phoenix wrote "look[ed] like torture."[46] Additionally, audio recordings were made of the torture of Lester Siler in Campbell County, Tennessee. Officers
involved in the incident were convicted in court and sentenced to 25 years in prison
Border Patrol and immigration detention
The U.S. Border Patrol interdicts people crossing the border and maintains checkpoints and carries out raids in border regions. Human Rights Watch has
documented severe human rights abuses by the Border Patrol, "including unjustified killing, torture, and rape, and routine beatings, rough physical treatment,
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and racially motivated verbal abuse."[47]
Detained immigrants, including refugees seeking asylum, at the Esmor Inc. facility in Elizabeth, New Jersey, rebelled after practices of verbal and physical
abuse, humiliation and corporal punishment. After the uprising, two dozen of them were beaten, stripped, forced to crawl through a gauntlet of officers, and
made to chant, America is number one.[48]
A report by the Justice Department Office of the Inspector General on the experience of 762 post-9/11 detainees found confirmed the physical and verbal abuse
of detainees. On arrival at the Metropolitan Detention Center in Brooklyn, New York, the detainees were slammed face first into a wall against a shirt with an
American flag; the bloodstain left behind was described by one officer as the print of bloody noses and a mouth. Once inside they were threatened with
detention for the rest of their lives, verbally abused, exposed to cold, deprived of sleep, and had their hands, cuffed arms, and fingers severely twisted.[49]
Torture abroad
Khalid el-Masri
In 2007, the U.S. Supreme Court deferred to state secrets privilege when they refused to hear the case of Khalid el-Masri, who was kidnapped and tortured by
the CIA under the Bush administration on December 21, 2003.The ACLU said that torture included methods of "forced anal penetration".[50][51]
Forms of torture and abuse
Certain practices of the United States military, civilian agencies such as the CIA, and private contractors have been condemned both domestically and
internationally as torture. A fierce debate regarding non-standard interrogation techniques exists within the U.S. civilian and military intelligence community,
with no general consensus as to what practices under what conditions are acceptable.
These practices have resulted in a number of deaths. According to Human Rights First, at least as many as 8 detainees have been tortured to death in U.S.
custody in Iraq and Afghanistan.[52] The aversion of some military personnel forced to administer torture has been so strong, that one soldier, Alyssa Peterson,
is believed to have committed suicide to avoid further participation.
Application of Fifth Amendment to overseas torture
In 1999, a U.S. court found that the Fifth Amendment does not apply in the case of overseas torture of aliens. Jennifer Harbury, a U.S. citizen whose husband
Efran Bmaca Velsquez had been tortured and murdered by CIA officials in Guatemala, complained that these actions violated her husband's Fifth
Amendment right not to be deprived of life or liberty without due process of law. On December 12, 2000, the Court of Appeals for the District Court of
Columbia rejected this claim, citing a lack of jurisdiction, since the events were planned and controlled in the United States, but the actual torture and murder
occurred in Guatemala, a location where the U.S. did not exercise "de facto political control".[53]
Torture, interrogation and prisons in the War on Terror
"Stress and duress"
In 2003 and 2004 there was substantial controversy over the "stress and duress" methods that were used in the U.S.'s War on Terrorism, that had been
sanctioned by the U.S. Executive branch of government at Cabinet level.[54] Similar methods in 1978 were ruled by ECHR to be inhuman and degrading
treatment, but not torture, when used by the United Kingdom in the early 1970s in Northern Ireland. CIA agents have anonymously confirmed to the
Washington Post in a December 26, 2002 report that the CIA routinely uses so-called "stress and duress" interrogation techniques, which human rights
organizations claim are acts of torture, in the U.S.-led War on Terrorism. These sources state that CIA and military personnel beat up uncooperative suspects,
confine them in cramped quarters, duct tape them to stretchers, and use other restraints that maintain the subject in an awkward and painful position for long
periods of time.[55] The phrase 'torture light' has been reported in the media and has been taken to mean acts that would not be legally defined as torture.
Some techniques within the "stress and duress" category, such as water boarding, have long been considered as torture, by both the United States government
and human rights groups.[56] In its annual Country Reports on Human Rights Practices, the U.S. State Department has described the following practices as
torture:
stripping and blindfolding of prisoners (Egypt)

subjecting prisoners to prolonged sun exposure in high temperatures and tying of hands and feet for extended periods (Eritrea)
sleep deprivation and "suspension for long periods in contorted positions" (Iran)
sleep deprivation and solitary confinement (Jordan)
prolonged standing and isolation (Turkey)[57]
Legal analyses
In June 2004, the Wall Street Journal, the Washington Post, and the New York Times obtained copies of legal analyses prepared for the CIA and the Justice
Department in 2002. These documents developed a legal basis for the use of torture by U.S. interrogators if acting under the directive of the President of the
United States. The legal definition of torture by the Justice Department tightly narrowed to define as torture only actions which "must be equivalent in intensity
to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death," and argued that actions that inflict any
lesser pain, including moderate or fleeting pain, do not necessarily constitute torture.
It is the position of the United States government that the legal memoranda constituted only permissible legal research, and did not signify the intent of the
United States to use torture, which it opposes. Secretary of Defense Donald Rumsfeld has complained about this prominent newspaper coverage and its
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implications.[54]
However, many influential U.S. thinkers also believe that Rumsfeld himself is a major part of the problem, quote the New York Times
columnist Bob Herbert:
... there is also the grotesque and deeply shameful issue that will always be a part of Mr. Rumsfeld's legacythe manner in which American troops
have treated prisoners under their control in Iraq, Afghanistan and Guantnamo Bay, Cuba. There is no longer any doubt that large numbers of
troops responsible for guarding and interrogating detainees somehow loosed their moorings to humanity, and began behaving as sadists, perverts
and criminals.
Bob Herbert, [58]
The Bush administration told the CIA in 2002 that its interrogators working abroad would not violate U.S. prohibitions against torture unless they "have the
specific intent to inflict severe pain or suffering," according to a previously secret Justice Department memo released on 24 July 2008. The interrogator's "good
faith" and "honest belief" that the interrogation will not cause such suffering protects the interrogator, the memo adds. "Because specific intent is an element of
the offense, the absence of specific intent negates the charge of torture," Jay Bybee, then the Assistant Attorney General for the Office of Legal Counsel, wrote
in the memo. The 18-page memo is heavily redacted, with 10 its 18 pages completely blacked out and only a few paragraphs legible on the others.
Another memo released on the same day advises that "the waterboard" does "not violate the Torture Statute." It also cites a number of warnings against torture,
including statements by President Bush[59] and a then-new Supreme Court ruling "...which raises possible concerns about future U.S. judicial review of the
[interrogation] Program."
A third memo instructs interrogators to keep records of sessions that use "enhanced interrogation techniques." The memo is signed by then-CIA director George
Tenet and dated January 28, 2003.
The memos were made public by the American Civil Liberties Union, which obtained the three CIA-related documents under Freedom of Information Act
requests.[60]
Authorization and methods of torture and abuse
The Post article continues that sensory deprivation, through the use of hoods and spraypainted goggles, sleep deprivation, and selective use of painkillers for at
least one captive who was shot in the groin during his apprehension are also used. The agents also indicate in the report that the CIA as a matter of course hands
suspects over to foreign intelligence services with far fewer qualms about torture for more intensive interrogation.[55] (The act of handing a suspect to another
organization or country, where it is foreseeable that torture would occur, is a violation of the Convention against torture; see torture by proxy.) The Post reported
that one U.S. official said, "If you don't violate someone's human rights some of the time, you probably aren't doing your job."[55]
Based on the Justice Department analyses, Defense Secretary Donald Rumsfeld later approved in 2003 the use of 24 classified interrogation techniques for use
on detainees at Guantanamo Bay, which after use on one prisoner were withdrawn. In court filings made public in January 2007, FBI agents reported that
detainees at Guantanamo Bay were: chained in a fetal position to the floor for at least 18 hours, urinating and defecating on themselves; subjected to extremes
of temperature; gagged with duct tape; held in stress positions while shackled; and subjected to loud music and flashing lights.[61][62] Senior administration
officials have repeatedly denied that torture is being conducted in the detention camps at Guantanamo Bay. However, the Bush administration explicitly
endorsed the use of interrogation techniques such as waterboarding in memos to the CIA,[63] and one Pentagon official has publicly admitted that torture was
conducted at Guantanamo Bay.[64]
Manfred Nowak, United Nations Special Rapporteur on torture, said that numerous cases of torture ordered by U.S. officials and perpetrated by U.S. authorities
are well documented.
"We possess all the evidence which proves that the torture methods used in interrogation by the U.S. government were explicitly ordered by former
U.S. defence minister Donald Rumsfeld...Obviously, these orders were given with the highest U.S. authorities' knowledge." [65]
Allegations emerged that in the Coalition occupation of Iraq after the second Gulf war, there was extensive use of torture techniques, allegedly supported by
American military intelligence agents, in Iraqi jails such as Abu Ghraib and others. In 2004 photos showing humiliation and abuse of prisoners leaked from Abu
Ghraib prison, causing a political and media scandal in the U.S. and the whole world.
Condoleezza Rice, Secretary of State ultimately told the CIA the harsher interrogation tactics were acceptable,[66][67] In 2009 Rice stated, "We never tortured
anyone." [68]
On February 14, 2010, in an appearance on ABC's This Week, Vice-President Dick Cheney reiterated his support of waterboarding and enhanced interrogation
techniques for captured terrorist suspects, saying, "I was and remain a strong proponent of our enhanced interrogation program."[69]
Pressed by the BBC in 2010 on his personal view of waterboarding, Presidential Advisor Karl Rove said: Im proud that we kept the world safer than it was,
by the use of these techniques. Theyre appropriate, theyre in conformity with our international requirements and with U.S. law. [70]
Secret detention facilities
Both United States citizens and foreign nationals are occasionally captured outside of the United States and transferred to secret U.S. administered detention
facilities, sometimes being held incommunicado for periods of months or years. Overseas detention facilities are known to be or to have been maintained at
least in Thailand, the Philippines, Pakistan, Afghanistan, Uzbekistan, Azerbaijan, Jordan, Egypt, Iraq, Kuwait, UAE, Saudi Arabia, Morocco, Cyprus, Cuba,
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Diego Garcia, and unspecified South Pacific island nation(s). In addition, individuals are suspected to be or to have been held in temporary or permanent U.S.
controlled facilities in Indonesia, El Salvador, Nigeria, Equatorial Guinea, Libya, Israel, Denmark, Poland, Romania, Bulgaria, Albania, Hungary, Germany, and
Scotland. There are also allegations that persons categorized as prisoners of war have been tortured, abused or humiliated; or otherwise have had their rights
afforded by the Geneva Convention violated.
Torture and extraordinary rendition
Extraordinary Rendition is the apprehension and extrajudicial transfer of a person from one country to another.[71]
The term "torture by proxy" is used by some critics to describe situations in which the CIA[72][73][74][75] and other U.S. agencies have transferred suspected
terrorists to countries known to employ torture, whether they meant to enable torture or not. It has been claimed, though, that torture has been employed with
the knowledge or acquiescence of U.S. agencies (a transfer of anyone to anywhere for the purpose of torture is a violation of U.S. law), although Condoleezza
Rice (then the United States Secretary of State) stated that:[76]
the United States has not transported anyone, and will not transport anyone, to a country when we believe he will be tortured. Where appropriate,
the United States seeks assurances that transferred persons will not be tortured."
Whilst the Obama administration has tried to distance itself from some of the harshest counterterrorism techniques, it has also said that at least some forms of
renditions will continue.[77] Currently the administration continues to allow rendition only "to a country with jurisdiction over that individual (for prosecution of
that individual)" when there is a diplomatic assurance "that they will not be treated inhumanely."[78][79]
The U.S. program has also prompted several official investigations in Europe into alleged secret detentions and unlawful inter-state transfers involving Council
of Europe member states. A June 2006 report from the Council of Europe estimated 100 people had been kidnapped by the CIA on EU territory (with the
cooperation of Council of Europe members), and rendered to other countries, often after having transited through secret detention centres ("black sites") used by
the CIA, some located in Europe. According to the separate European Parliament report of February 2007, the CIA has conducted 1,245 flights, many of them
to destinations where suspects could face torture, in violation of Article 3 of the United Nations Convention Against Torture.[80]
Following the 11 September 2001 attacks the United States, in particular the CIA, has been accused of rendering hundreds of people suspected by the
government of being terroristsor of aiding and abetting terrorist organizationsto third-party states such as Egypt, Jordan, Morocco, and Uzbekistan. Such
"ghost detainees" are kept outside judicial oversight, often without ever entering U.S. territory, and may or may not ultimately be devolved to the custody of the
United States.[81][82]
Protests
On April 30, 2009, 62 members of Witness Against Torture, led by Carmen Trotta[83] were arrested at the gates of the White House demanding that the Obama
administration support a criminal inquiry into torture under the Bush administration and release innocent detainees still held at Guantanamo. The protesters
wearing orange jumpsuits and black hoods, were arrested, and charged with "failure to obey a lawful order" when they refused to leave the White House
sidewalk.[84][85]
Protests have been held regarding the issue of torture and its legality as lately as 2015.[86]
United Nations Convention Against Torture

History of U.S. Accession
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted on 10 December 1984 at the
thirty-ninth session of the General Assembly of the United Nations.[87][nb 2] It was registered, and came into force, on 27 June 1987 in accordance with Article
27(1) of the Convention.[88]
The United States signed the Convention in the spring of the following year, officially declaring at the time of its signature on 18 April 1988[88] that
The Government of the United States of America reserves the right to communicate, upon ratification, such reservations, interpretive
understandings, or declarations as are deemed necessary.
Thereafter, the United States formally notified the United Nations and its member states, a few months prior to its ratification, that [89]
...nothing in this Convention requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of
the United States as interpreted by the United States.
Ratification
The U.S. ratification itself, on 21 October 1994, came some six years after the spring 1988 signature and was subject to numerous (A) reservations, (B)
understandings and (C) declarations. These can be read verbatim at the UN treaty website[88] and are parsed here as follows:
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A. Reservations: The U.S. made two reservations in connection with its ratification.
(1) The U.S. would only be bound to prevent the "cruel, inhuman or degrading treatment or punishment" that are addressed by Article 16 of the
Convention[87][nb 3] to the extent the term "cruel, inhuman or degrading treatment or punishment" was synonymous with the "cruel, unusual and
inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States".[90]
(2) Pursuant to treaty option, the U.S. is not bound to resolve questions by international arbitration, but it "reserves the right specifically to agree to follow
this or any other procedure for arbitration in a particular case."[91]
B. Understandings: The U.S. announced certain interpretive understandings, "which shall apply to the obligations of the United States under this
Convention:"
(1) Regarding the definition of certain terms in the Convention,

(a) "Torture"[nb 4] must be specifically intended to inflict severe physical or mental pain. Furthermore, "mental pain" refers to prolonged mental
harm resulting from either
(1) the intentional infliction of severe physical pain;
(2) the administration of mind altering drugs;
(3) the use of other procedures that are also "calculated to disrupt profoundly the senses or the personality;"
(4) the threat of imminent death; or
(5) the threat that another person (e.g. a spouse or relative) will imminently be subjected to the foregoing.
(b) "Torture" must be an action against a victim in the torturer's custody.
(c) "Sanction"[nb 5] includes judicially imposed sanctions and other enforcement actions authorized by United States law or by judicial
interpretation of such law.
(d) "Acquiescence"[nb 6] requires that the public official, prior to the activity constituting torture, be aware that such activity is imminent, thereafter
violating his or her duty to prevent such activity.
(e) A non-compliance with applicable legal procedural standards[nb 7] does not per se constitute torture.
(2) Article 3 forbids deporting a person "where there are substantial grounds for believing that he would be in danger of being subjected to torture." The
U.S., attempting to avoid the difficulty of interpreting "substantial grounds for belief," interprets the phrase to mean "if it is more likely than not that he
would be tortured." This is essentially the preponderance of evidence test.
(3) Article 14 requires a State Party to provide, in its domestic legal system, a private right of action for damages to victims of torture. The U.S.
understands this to apply only for torture committed within territory under the jurisdiction of that State Party.
(4) The U.S. does not consider this Convention to restrict or prohibit the United States from applying the death penalty consistent with the Constitution of
the United States.
(5) The Convention will only be implemented by the United States "to the extent that it exercises legislative and judicial jurisdiction over the matters
covered by the Convention." In other words, the Convention per se is not U.S. law. By itself, it has no legal effect within the U.S. or upon its
representatives. Rather, the Convention imposes an obligation[nb 8] on the U.S. to enact and implement such domestic laws as will cause it to come into
conformity with the requirements of the Convention. This understanding is echoed in the declaration below.
C. Declarations: The U.S. declared that the provisions of Articles 1 through 16 the Convention are not self-executing.
Evidence of violations
By transferring military detainees to Iraqi control, the U.S. appears knowingly to have violated the Convention Against Torture. The Convention proscribes
signatory states from transferring a detainee to other countries "where there are substantial grounds for believing that he would be in danger of being subjected
to torture." The U.S. had received reports of more than a thousand allegations, many of them substantiated by medical evidence, of torture in Iraqi jails. Yet U.S.
authorities transferred thousands of prisoners to Iraqi custody, including almost 2,000 who were transferred to the Iraqi government as recently as July 2010.[92]
U.S. case law on the convention

Burden of proof
In the U.S., an alien seeking protection against deportation under Article 3 of the Convention[nb 9] must establish that it is more likely than not that he will be
tortured in the country of removal.[nb 10][93] Thus, the alien seeking to stop his deportation bears the burden of proof (or risk of non-persuasion) to show that
torture is "more likely than not" to occur in the destination country.
In re M-B-A
In re M-B-A, a 2002 decision by the BIA,[94] concerned a 40-year-old Nigerian woman who was facing a deportation order due to a drug conviction in the US.
She claimed that if returned to Nigeria, she would be imprisoned and tortured as a result of her U.S. conviction.
In her December 1999 hearing before the immigration judge, she presented evidence of Nigeria's Decree No. 33, which authorized imprisonment in her
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situation. When asked how she knew she would be tortured, she said that some years ago, she had spoken with a Nigerian friend,[nb 11] who had been convicted
of a U.S. drug offense and then returned to Nigeria in 1995. The friend had told her that her family had to bring money to the jail for protection, that she slept on
the floor and that "you probably get raped" by the guards because they have authority to do "whatever they can do." The friend remained in jail for 2 months
until the family paid a bribe. M-B-A did not know if the friend had seen a judge before being incarcerated, or if the friend had been raped in the prison.
M-B-A also presented evidence that she had a chronic ulcer, asthma and suffered from depression; that she was on medication but had no one to help her with
medicine if she ended up in jail; that her father was deceased and her mother lived in the UK and that she had no relations to help her in Nigeria, aside from an
uncle who had sexually abused her as a child. She claimed she would be beaten and raped in prison by the guards and that most women suffered this treatment,
and that her ex-fiance (who lived in Nigeria) would bribe prison guards to beat her.
The full Board of Appeals[nb 12] considered the question of whether M-B-A had carried her burden of proof in showing that it was more likely than not that she
would be tortured by a public official upon her return to Nigeria.
In a close 7-6 decision, the Board found that M-B-A had not demonstrated that it was more likely than not that she would be imprisoned in Nigeria on the basis
of Decree 33. She did not present any evidence on the question of the extent to which the Decree was enforced, or against whom it was enforced. Her own
evidence about enforcement was either (a) her own speculation or (b) based on the conversation with her friend's experience during a different Nigerian
regime.[nb 13] The Board stated
she has [not] met her burden of [establishing] that it is more likely than not that her return to Nigeria would result in her detention or imprisonment.
. . . [She] must provide some current evidence, or at least more meaningful historical evidence, regarding . . . enforcement of Decree 33 on
individuals similarly situation to herself. . . . [Her] case is based on a chain of assumptions and a fear of what might happen, rather than . . .
demonstrating that it is more likely than not that she will be subjected to torture. . . .
Accordingly, the BIA held that M-B-A should be deported.
There were two separate dissenting opinions,[nb 14] both of which agreed with the enunciated standard of proof to be used ("more likely than not"), but
disagreed over the question of whether the burden had been met by M-B-A. Judge Schmidt's dissent cited the U.S. State Department's report on Nigeria's prison
system, reported that one area of abuse in Nigerian prison was the intentional withholding of medical aid or medication. He found on the basis of this report that
such withholding (for purposes of e.g. gaining bribes or inflicting punishment) was common in Nigeria and that death from such actions was common. He did
not, however, address the majority's assertion that M-B-A had failed to establish, by a preponderance of the evidence, that she would be imprisoned in the first
place under Decree No. 33, apparently taking this for granted.[nb 15]
Defining "torture"
"Torture" within the meaning of the Convention (and 8 Code of Federal Regulations, Section 208.18)[93] is an extreme form of cruel and inhuman treatment and
does not extend to lesser forms of cruel, inhuman, or degrading treatment or punishment.[93][95][nb 16]
For an act to constitute torture it must satisfy each of the following five elements in the definition of torture:[95]
the act must cause severe physical or mental pain or suffering

the act must be intentionally inflicted
the act must be inflicted for a proscribed purpose
the act must be inflicted by (or at the instigation of or with the consent or acquiescence of) a public official who has custody of the victim
the act cannot arise from lawful sanctions
Matter of J-E
Thus, in the U.S. immigration case of Matter of J-E-, 23 I&N December 291 (BIA 2002)(ID 3466), the indefinite detention of criminal deportees by Haitian
authorities did not constitute "torture" where there was no evidence that the authorities intentionally and deliberately detained deportees in order to inflict
torture. Likewise, substandard prison conditions in Haiti did not constitute "torture" where there is no evidence that the authorities intentionally created and
maintained such conditions in order to inflict torture.[95]
J-E was a Haitian who had entered the U.S. illegally and who was later convicted of selling cocaine. The Government sought to deport him, but J-E claimed that
he would be imprisoned and tortured if he were returned to Haiti. Therefore, he argued, Article 3 of the Convention prevented his being deported. The Board set
out the five-part test for torture and noted that
While the Convention Against Torture makes a clear distinction between torturous and non torturous acts, actually differentiating between acts of
torture and other bad acts is not so obvious. Although not binding on the United States, the opinions of other governmental bodies adjudicating
torture claims can be instructive.
The Board thereupon considered Ireland v. United Kingdom, 2 Eur. Ct. H.R. 25 (1978), where the European Court held that suspected terrorists who were
subjected to wall standing, hooding, a constant loud and hissing noise and who were deprived of sleep, food and drink by the British Army were subjected to
"inhuman and degrading treatment" but not to "torture." It was admitted by all parties that J-E would be indefinitely detained upon return to Haiti. Deportees
were held by police in holding cells for weeks before release. However, the State Department report (relied upon by all parties) confirmed that the Haitian
government used this policy as a warning and a deterrent, to try to prevent deportees from committing crimes in Haiti.
Thus, Haiti's detention policy in itself appears to be a lawful enforcement sanction ... to protect the populace from criminal acts by Haitians who are
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forced to return to the country after having been convicted of crimes abroad. ... this policy is a lawful sanction and, therefore, does not constitute
torture.... [Also] there is no evidence that Haitian authorities are detaining criminal deportees with the specific intent to inflict severe physical or
mental pain or suffering. Nor is there evidence that the procedure is inflicted on criminal deportees for a proscribed purpose, such as obtaining
information or a confession.... Haiti's detention practice alone does not constitute torture within the meaning of the regulations.
J-E contended that in any case, the combination of indefinite detention with the admittedly substandard conditions of Haitian prison constitute torture. However,
the Board noted that the Convention required that "torture" required a "specific intent" by the accused country in order for torture to result:
Although Haitian authorities are intentionally detaining criminal deportees knowing that the detention facilities are substandard, there is no
evidence that they are intentionally and deliberately creating and maintaining such prison conditions in order to inflict torture. ... the Haitian prison
conditions are the result of budgetary and management problems as well as the country's severe economic difficulties.... there is no effective
delivery system [for food]... we cannot find that these inexcusable prison conditions constitute torture within the meaning of the regulatory
definition.
Finally, J-E maintained that mistreatment was common in Haitian prison and that he would be subjected to such mistreatment, and that constituted torture. The
Board found that there was, in Haiti,
Beating with fists, sticks and belts ... by far the most common form of abuse. However [there are] other forms of mistreatment, such as burning
with cigarettes, choking, hooding and ... severe boxing of the ears, which can result in eardrum damage.... there were also isolated allegations of
electric shock...[and] withholding medical treatment.
The Board considered all the evidence submitted and concluded that it showed that isolated incidents of torture did occur in Haitian detention facilities.
However, this evidence was not sufficient to demonstrate that it was more likely than not that J-E would be subjected to torture upon his detention. There was no
evidence that the torture was persistent or widespread; or that the Haitian government used torture as a policy; or that there was no meaningful international
oversight.[nb 17]
The Board accordingly heldin yet another 7-6 opinion with substantial dissenting opinionsthat J-E had failed to carry his burden of showing that the
admitted mistreatment was so pervasive that it therefore was more likely than not that he would be tortured in a Haitian jail, as opposed to being subjected to
cruel and inhuman acts that, while despicable, were less than torture within the meaning of the applicable law. Most of the actions reported against Haiti, the
Board decided, were sanctioned under Article 16 the Convention as acts that were "cruel and inhuman" and that State Parties were obliged to correct, but
nevertheless did not constitute "torture" within the meaning of Article 1 of the Convention.
J-E's appeal to the BIA was therefore dismissed and the deportation order remained in effect.
See also
Abu Ghraib torture and prisoner abuse
At the Center of the Storm book by former CIA head George Tenet
Human Rights Record of the United States
International humanitarian law
Lexical definition
Precising definition
Universal jurisdiction
Use of torture since 1948
Water cure (torture)#Philippine-American War
Other human rights issues in the United States
Tramp chair, 19th-century torture device used by American police

United States war crimes
United States and state terrorism
United States and state-sponsored terrorism
Unethical human experimentation in the United States
Notes
Footnotes
1. See article on precising definition. 4. The term "torture" is legally defined in Article 1(1) of the Convention, as
2. The United States was one of the primary sponsors of a Convention to prohibit follows:
torture and to protect human rights.Report (http://www.state.gov/www/global
/human_rights/torture_intro.html); See In Matter of J-E, discussed herein.
3. These Article 16 acts are, by definition, not torture, but rather acts which For the purpose of this Convention, the term "torture" means any
evidence cruelty or inhumanity but which nevertheless do not rise to the level of act by which severe pain or suffering, whether physical or mental,
"torture" under the Convention. is intentionally inflicted on a person for such purposes as obtaining
from him or a third person information or a confession, punishing
him for an act he or a third person has committed or is suspected
of having committed, or intimidating or coercing him or a third
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person, or for any reason based on discrimination of any kind, 10. See Understanding number 2 attached to the U.S. ratification of the Convention,
when such pain or suffering is inflicted by or at the instigation of establishing the preponderance of evidence rule for the US.
or with the consent or acquiescence of a public official or other 11. She suggested that she had spoken to this person by telephone sometime in
person acting in an official capacity. It does not include pain or 1995, more than four years before she was giving her testimony.
suffering arising only from, inherent in or incidental to lawful 12. The Board consists of up to fifteen immigration law specialists, who sit as
sanctions. immigration appellate administrative law judges. The Board is a part of the
executive branch of the U.S. Government, rather than the judicial branch; it is
not an "Article III" court under the U.S. Constitution, but rather a type of
However, the U.S. has declared that the Convention is not self-executing and administrative court within the executive branch. Its decisions are subject to
therefore the Convention's definition does not directly apply in U.S. law. The appeal to a U.S. Court of Appeals.
U.S. has implemented the Convention definition through its Code of Federal 13. In May 1999 the military regime in Nigeria was replaced with a civilian regime
Regulations. under President Obasanjo. Note 2 of decision.
5. The term "sanction" is used in Article 1. 14. A total of six judges dissented, four of them joining in one of the dissenting
6. The term "acquiescence" is used in Article 1. opinions.
7. For instance, a failure to promptly inform a suspect that he has a right to see a 15. The majority decision does not address the question of the likelihood of torture
lawyer, free of charge if he is indigent. within prison; instead, it finds that M-B-A did not show, by the required
8. This "obligation" might itself only be enforceable in the court of world opinion evidence standard, that she would be imprisoned at all, which rendered the
or through United Nations resolution against the US. question of treatment within prison as moot.
9. Article 3 provides that 16. This does not imply that such "lesser" forms can be committed by governments
with impunity. Article 16 the Convention, for example, imposes on each State
1. No State Party shall expel, return ("refouler") or extradite a Party an obligation to try to prevent such "lesser" forms of cruel treatment, even
person to another State where there are substantial grounds for though they do not rise to the level of torture. But only such severe actions that
believing that he would be in danger of being subjected to torture. do rise to the level of "torture" are grounds for preventing deportation under the
terms of Article 3 of the Convention.
2. For the purpose of determining whether there are such grounds, 17. The Board noted that the Haitian government cooperated with the Red Cross in
the competent authorities shall take into account all relevant delivering aid and allowed a Miami Herald reporter access to the prisons (part of
considerations including, where applicable, the existence in the the newspaper story was used by J-E as his evidence in the hearing).
State concerned of a consistent pattern of gross, flagrant or mass Furthermore, the U.S. had urged the Haitian government to discontinue the
violations of human rights. indefinite detention practice and the President of Haiti had visited jails and had
pardoned several women there, due to the awful conditions.
As noted, the U.S. opted to interpret the vague language of "substantial grounds"
in article 3(1) as synonymous with the preponderance of evidence standard
found in the common law; the "preponderance" standard has been subject of
ample decided cases in the US, creating plenty of judicial precedent.
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Retrieved 22 May 2012. Why The Military Commissions Act is No Moderate Compromise
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Latin America (https://rowman.com/ISBN/9780742536876). Rowman & 48. Human Rights Watch, Locked Away: Immigration Detainees in Jails in the
Littlefield Publishers, 2005. p. 36 (https://books.google.com United States, September 1998. Dan Frosch, "Detention Center Blues," In These
/books?id=tSDg6xa4z2YC&lpg=PP1&pg=PA36#v=onepage&q&f=false). ISBN Times, June 14, 2004.
0742536874 49. U.S. Department of Justice Office of the Inspector General, The September 11
21. Greg Grandin (2011). The Last Colonial Massacre: Latin America in the Cold Detainees: A Review of the Treatment of Aliens Held on Immigration Charges in
War (http://www.press.uchicago.edu/ucp/books/book/chicago Connection with the Investigation of the September 11 Attacks, June 2003.
/L/bo11643711.html). University of Chicago Press. p. 75 Supplemental Report on September 11 Detainees Allegations of Abuse at the
(https://books.google.com/books?id=6FivSpNY2fkC&lpg=PP1& Metropolitan Detention Center in Brooklyn, New York, December 2003.
pg=PA75#v=onepage&q&f=false). ISBN 9780226306902 50. ACLU petition, 2006 (https://www.aclu.org/files/pdfs/safefree
22. Walter L. Hixson (2009). The Myth of American Diplomacy: National Identity /elmasri_iachr_20080409.pdf). (PDF) . Retrieved on 2012-05-28.
and U.S. Foreign Policy (http://yalepress.yale.edu 51. Burke Hansen. Supreme Court denies cert in el-Masri rendition case
/book.asp?isbn=9780300119121). Yale University Press. p. 223 (http://www.theregister.co.uk/2007/10/09/el_masri_state_secrets/). The Register
(https://books.google.com/books?id=DNId6HxkzQwC&lpg=PP1& (2007-10-09)
pg=PA223#v=onepage&q&f=false). ISBN 0300151314 52. Human Rights First Releases First Comprehensive Report on Detainee Deaths in
23. "Graduates of the School of the Americas include military officers and leaders U.S. Custody (http://www.humanrightsfirst.org/media/2006_alerts
implicated in torture and mass murder in Guatemala, El Salvador, Chile, /etn_0222_dic.htm), 2006-02-22, Human Rights First, Press Release
Argentina and Haiti, among other Latin American countries." Miles Schuman, 53. "Application of Fifth Amendment to Overseas Torture of Alien". The American
"Abu Ghraib: the rule, not the exception (http://soaw.org Journal of International Law. 95 (3). July 2001.
/newswire_detail.php?id=429)," Globe and Mail (Toronto), May 14, 2004. 54. Torture Policy (cont'd) (http://www.washingtonpost.com/wp-dyn/articles
24. Miles Schuman, "Abu Ghraib: the rule, not the exception (http://soaw.org /A56753-2004Jun20.html) Editorial in the Washington Post 21 June 2004
/newswire_detail.php?id=429)," Globe and Mail (Toronto), May 14, 2004. 55. Dana Priest and Barton Gellman, "U.S. Decries Abuse but Defends
25. Harbury, Jennifer (2005), Truth, Torture, and the American Way: The History Interrogations (http://www.washingtonpost.com/ac2/wp-
and Consequences of U.S. Involvement in Torture (https://books.google.com dyn?pagename=article&node=&contentId=A37943-2002Dec25&
/books?id=ZIcZjlj1hLEC& notFound=true)" Washington Post, December 26, 2002; Page A01
dq=%22Truth,+Torture,+and+the+American+Way%22&printsec=frontcover& 56. "The United States has long considered waterboarding to be torture and a war
source=bn&hl=en&ei=vOg5SqaRE5arjAeEvvGhDQ&sa=X&oi=book_result& crime." Human Rights Watch, "U.S.: Vice President Endorses Torture
ct=result&resnum=6), Beacon Press ISBN 978-0-8070-0307-7 (http://hrw.org/english/docs/2006/10/26/usdom14465.htm)," October 26, 2006.
26. Adam Taylor (10 December 2014). Brazils torture report brings a president to 57. Human Rights Watch, "Descriptions of Techniques Allegedly Authorized by the
tears (http://www.washingtonpost.com/blogs/worldviews/wp/2014/12/10 CIA (http://hrw.org/english/docs/2005/11/21/usdom12071.htm)," November
/brazils-torture-report-brings-a-president-to-tears/). The Washington Post. 2005.
Retrieved 12 December 2014. 58. Much of what has happened to the military on Donald Rumsfeld's watch has
27. Amnesty International,Report on Torture [US edition, Farrar, Straus and Giroux, been catastrophic (http://www.nytimes.com/2005/05/23/opinion
1975], and specific AI country reports. /23herbert.html?ex=1270785600&en=37bef79604f97228&ei=5090&
28. James Hodge and Linda Cooper, "Roots of Abu Ghraib in CIA techniques partner=rssuserland) by Bob Herbert New York Times 23 May 2005
(http://ncronline.org/NCR_Online/archives2/2004d/110504/110504a.php)," 59. Bush, George W. (2001-11-13). "President Issues Military Order on Detention,
National Catholic Reporter, November 5, 2004. Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism".
29. Lawg.org (http://www.lawg.org/misc/Publications-manuals.htm) White House. Retrieved 2009-04-25.
30. JPRA Operational Concerns Over Application of Various Means of Induced 60. Previously secret torture memo released (http://edition.cnn.com/2008/POLITICS
Duress (http://www.washingtonpost.com/wp-srv/nation/pdf/JPRA- /07/24/cia.torture/index.html), July 24, 2008, CNN.com
Memo_042409.pdf), (PDF), July 25, 2002, hosted by the Washington Post 61. FBI, FOIA document (http://foia.fbi.gov/guantanamo/detainees.pdf)
31. Document: Military Agency Referred to 'Torture,' Questioned Its Effectiveness 62. Mark Tran, "FBI files detail Guantnamo torture tactic
(http://www.washingtonpost.com/wp-dyn/content/article/2009/04 (https://www.theguardian.com/guantanamo/story/0,,1981955,00.html),"
/24/AR2009042403171_pf.html), April 24, 2009, the Washington Post Guardian, January 3, 2007.
32. Safir on ABC Good Morning America, August 18, 1997; quoted in Human 63. Joby Warrick, CIA Tactics Endorsed In Secret Memos
Rights Watch, "New York (https://www.hrw.org/reports98/police/uspo99.htm)", (http://www.washingtonpost.com/wp-dyn/content/article/2008/10
Shielded from Justice: Police Brutality and Accountability in the United States, /14/AR2008101403331_pf.html), Washington Post Staff Writer, October 15,
1998. 2008; A01
33. Susan Bandes, Tracing the Pattern of No Pattern: Stories of Police Brutality 64. "Pentagon official says 9/11 suspect was tortured". Associated Press.
(http://llr.lls.edu/volumes/v34-issue2/bandes.pdf), 34 Loyola Law Review, 2001. 2009-01-14. Retrieved 2009-01-14.
34. Paige Bierma, Torture behind bars: right here in the United States of America 65. Call to Try Bush (http://www.commondreams.org/headline/2009/02/02), Inter
(http://www.findarticles.com/p/articles/mi_m1295/is_n7_v58/ai_15533722), The Press Service, February 2, 2009
Progressive (http://progressive.org/about), July 1994. 66. As Bush Adviser, Rice Gave OK to Waterboard Fox News, April 22, 2009
35. Justin Volpe plead guilty and was sentenced to 30 years in prison. "Policeman in (http://www.foxnews.com/politics/2009/04/22/timeline-released-senate-shows-
torture case changes plea to guilty (http://www.cnn.com/US/9905 condoleezza-rice-okd-waterboarding/)
/25/police.torture.02/index.html)," CNN, May 25, 1999. "Volpe receives 30-year 67. Senate Report: Rice, Cheney OK'd CIA use of waterboarding CNN, April 23,
sentence for sodomy in Louima brutality case (http://www.courttv.com/archive 2009
/national/louima/121399_volpe_sentence_ctv.html)," Court TV, December 13, 68. April 30, 2009, "Rice Defends Enhanced Interrogation" by Glenn Kessler
1999. (http://www.washingtonpost.com/Politics,)
36. Davey, Monica (2006-05-20), "Judge Rules Report on Police in Chicago Should 69. " 'This Week' Transcript: Former Vice President Dick Cheney". This Week. ABC.
Be Released", New York Times February 14, 2010. Retrieved February 27, 2010.
37. "Report of the Committee against Torture, Thirty-sixth session" (PDF). United 70. http://www.timesonline.co.uk, March 13, 2010, "Karl Rove says water torture is
Nations. May 2006. justified - and a source of pride" by Giles Whittell
38. Evan Wallach (2007-11-02). "Waterboarding Used to Be a Crime". Washington 71. Michael John Garcia, Legislative Attorney American Law Division. Renditions:
Post. Constraints Imposed by Laws on Torture (http://www.fas.org/sgp/crs/natsec
39. Eric Weiner (2007-11-03). "Waterboarding: A Tortured History". National /RL32890.pdf) 8 September 2009; link from the United States Counter-
Public Radio. Terrorism Training and Resources for Law Enforcement web site
40. Amnesty International, Rights for All (http://web.amnesty.org/library/index (http://www.counterterrorismtraining.gov/leg/index.html)
/engAMR510351998), 1 October 1998. 72. Charlie Savage (17 February 2009). "Obama's War on Terror May Resemble
41. "False Confessions". The Innocence Project. Retrieved June 6, 2012. Bush's in Some Areas". The New York Times. Archived from the original on
42. "Torture cases". Channel 4. 2016-07-23. Retrieved 2 January 2010.
43. Oshinsky, David (June 11, 2010). "Book Review - In the Place of Justice - By 73. "Background Paper on CIA's Combined Use of Interrogation Techniques
Wilbert Rideau". The New York Times. (https://www.aclu.org/torturefoia/released/082409/olcremand/2004olc97.pdf)".
44. "Southern Injustice". Mother Jones. Retrieved 2013-12-15. 30 December 2004. Retrieved 2 January 2010.
45. Butler, Anne, and C. Murray Henderson. Dying to Tell. Center for Louisiana 74. "New CIA Docs Detail Brutal 'Extraordinary Rendition' Process
Studies, 1992. (http://www.huffingtonpost.com/2009/08/28/new-cia-docs-detail-
46. Lance Tapley, Torture in Maines prison (http://www.portlandphoenix.com bruta_n_271299.html)". Huffington Post. 28 August 2009. Retrieved 2 January
/features/top/ts_multi/documents/05081722.asp), Portland Phoenix, November 2010.
1117, 2005.
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75. Fact sheet: Extraordinary rendition (https://www.aclu.org/safefree 84. Anti-torture activists arrested at White House (https://www.google.com
/extraordinaryrendition/22203res20051206.html), American Civil Liberties /hostednews/ap/article
Union. Retrieved 29 March 2007 (English) /ALeqM5jgOLS9bxJ4L58oWKMKWbwnxKURhwD97T0ISO0)
76. "Remarks of Secretary of State Condoleezza Rice Upon Her Departure for 85. 62 Arrested at White House Protest (http://www.alternet.org/blogs/peek/139275
Europe, 5 Dec 2005". U.S. State Department. Retrieved 17 August 2012. /62_arrested_at_white_house_protest/)
77. "Obama preserves renditions as counter-terrorism tool 86. Vibes, John (January 20, 2015). "Nationwide Protests Against Torture Planned
(http://articles.latimes.com/2009/feb/01/nation/na-rendition1)". LA Times 1 For Jan 31 In The US #EndTorture". The Daily Liberator.
February 2009. Access 21 November 2011. 87. Official Text of Convention (http://www2.ohchr.org/english/law/cat.htm)
78. Erdbrink, Thomas (1 September 2011). "N.Y. billing dispute reveals details of 88. Convention Status (http://treaties.un.org/Pages
secret CIA rendition flights". The Washington Post. /ViewDetails.aspx?src=TREATY&id=129&chapter=4&lang=en)
79. "Renditionsand Secrecy Around ThemContinue". 2011. Retrieved 89. Convention Status - footnote 12 (http://treaties.un.org/Pages
7 October 2011. Panetta's clarification of current US "Rendition policy". /ViewDetails.aspx?src=TREATY&id=129&chapter=4&lang=en)
80. Resolution 1507 (2006). (http://assembly.coe.int/Main.asp?link=/Documents 90. Yee (2004) p. 208 (https://books.google.com/books?id=gpqa9smhWqcC&
/AdoptedText/ta06/ERES1507.htm) Alleged secret detentions and unlawful pg=PA208#PPA208,M1), Footnote 18. cites Convention Against Torture, Annex
inter-state transfers of detainees involving Council of Europe member states] I,I.
81. Mayer, Jane. The New Yorker, 14 February 2005. "Outsourcing Torture: The 91. Yee (2004), p. 208, Footnote 18. cites Convention Against Torture, Annex I,I(2).
secret history of America's 'extraordinary rendition' program.". Retrieved 92. Al Jazeera, 2010 October 24, "The Secret Iraq Files: The War US Turned Blind
20 February 2007. Eye to Torture; Leaked Documents on Iraq War Contain Thousands of
82. According to former CIA case officer Bob Baer, "If you want a serious Allegations of Abuse, But a Pentagon Order Told Troops to Ignore Them,"
interrogation, you send a prisoner to Jordan. If you want them to be tortured, you http://english.aljazeera.net/secretiraqfiles/2010/10/20101022161828428516.html
send them to Syria. If you want someone to disappearnever to see them 93. CFR Provisions (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&
againyou send them to Egypt." The CIA's Rendition Flights to Secret Prisons: tpl=/ecfrbrowse/Title08/8cfr208_main_02.tpl)
The Torture-Go-Round (http://www.CounterPunch.org/rajiva12052005.html) By 94. 23 I&N December 474 (BIA 2002) (ID#3480), available at USDOJ.gov
Lila Rajiva in CounterPunch, 5 December 2005 (http://www.usdoj.gov/eoir/efoia/bia/Decisions/Revdec/pdfDEC/3480.pdf)
83. Arthur Delaney (30 April 2009). "Anti-torture Protestors Arrested in Droves 95. In the Matter of J-E- (http://www.usdoj.gov/eoir/vll/intdec/nfvol23.html),
Outside the White House". Huffington Post. Retrieved 17 December 2009. volume 23, case 3466 (http://www.usdoj.gov/eoir/efoia/bia/Decisions/Revdec
/pdfDEC/3466.pdf) (BIA decisions).
Yee, Sienho (2004). International crime and punishment: selected issues', University Press of America, ISBN 9780761828877
Further reading
Cecilia Menjivar, Nestor Rodriguez (eds.): When States Kill: Latin America, the U.S., and Technologies of Terror, Austin: Texas University Press, 2005
Alfred W. McCoy: A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror, Henry Holt, 2006, ISBN 0-8050-8041-4
Kristian Williams, American methods: torture and the logic of domination, South End Press, 2006, ISBN 0-89608-753-0
US Senate Report on CIA Detention and Interrogation Program, 2014 (http://www.intelligence.senate.gov/study2014/sscistudy1.pdf)
External links
Four memos on torture (http://publicservice.evendon.com/DOJMemosM.htm), released April 16, 2009, in response to a Freedom of Information Act
lawsuit
Senate Armed Forces Committee Report on Torture (http://publicservice.evendon.com/SenateTortureReport1M.htm), released April 22, 2009
Periodic reports of the United States to the Committee Against Torture (CAT) (http://www.state.gov/g/drl/rls/index.htm)
Warrant to Torture?: A Critique of Dershowitz and Levinson (http://acdis.illinois.edu/publications/207/publication-
WarranttoTortureACritiqueofDershowitzandLevinson.html), ACDIS Occasional Paper by Jonathan Allen, published by the Program in Arms Control,
Disarmament, and International Security (ACDIS), University of Illinois, 2005
Convention Status (http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&id=129&chapter=4&lang=en)
Newsweek: Inspector General Report Reveals CIA Conducted Mock Executions (http://www.democracynow.org/2009/8
/24/newsweek_inspector_general_report_reveals_cia) - video report by Democracy Now!
'The Past is a Foreign Country?' Obama and the Torture Files (http://www.iss.europa.eu/nc/actualites/actualite/article/the-past-is-a-foreign-country-
obama-and-the-torture-files/) by Alexandra Barahona de Brito, Opinion, May 2009 European Union Institute for Security Studies
Human Rights First; Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects (2008) (http://www.humanrightsfirst.info/pdf/08307-
etn-tortured-justice-web.pdf)
Human Rights First; Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality (http://www.humanrightsfirst.info/pdf/07801-
etn-leave-no-marks.pdf)
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Torture and the United States

Legislation, regulation, and treaties regarding torture

Prohibition under domestic law

18 U.S.C. 2340 (the "Torture Act")

As used in this chapter

Military Commissions Act of 2006

U.S. Army Field Manuals

Prohibition under international law

Historical practices of torture

Torture abroad during the Cold War

Torture (Countries With U.S. training) Post World War II to 1975

Torture Countries identified by Amnesty International.[27]

U.S. intelligence training manuals

See also Office of Public Safety.

Border Patrol and immigration detention

Forms of torture and abuse

Application of Fifth Amendment to overseas torture

Torture, interrogation and prisons in the War on Terror

"Stress and duress"

stripping and blindfolding of prisoners (Egypt)

Bob Herbert, [58]

Authorization and methods of torture and abuse

Secret detention facilities

Torture and extraordinary rendition

United Nations Convention Against Torture

(1) Regarding the definition of certain terms in the Convention,

(b) "Torture" must be an action against a victim in the torturer's custody.

U.S. case law on the convention

Accordingly, the BIA held that M-B-A should be deported.

the act must cause severe physical or mental pain or suffering

Other human rights issues in the United States

Tramp chair, 19th-century torture device used by American police

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