Finally, the document urged against application of the McDade Act 15 regarding ethical standards for interrogations, and Rule 4. There is a five month gap between the internal memoranda until August 1, , when a DOJ memo to Counsel to the President analyzed the impact of the Convention Against Torture as implemented in federal law 17 and Torture Victims Protection Act. Severe pain is generally of the kind difficult for the victim to endure.
*Starred Review* Bush administration officials and top military brass continue to maintain that the well-documented abuses of prisoners at Abu Ghraib were the. Cambridge Core - American Studies - The Torture Papers - edited by Karen J. Greenberg. The Road to Abu Ghraib. The Torture Papers. Access. Cited by .
Where the pain is physical, it must be of an intensity akin to that which accompanies serious physical injury such as death or organ failure. Severe mental pain requires suffering not just at the moment of infliction but it also requires lasting psychological harm, such as seen in mental disorders like post-traumatic stress disorder. Additionally, such severe mental pain can arise only from the predicate acts listed in Section Because the acts inflicting torture are extreme, there is significant range of acts that though they might constitute cruel, inhumane, or degrading treatment or punishment fail to rise to the level of torture.
Further, we conclude that under the circumstances of the current war against al Qaeda and its allies, application of [limitations of] Section A to interrogation undertaken pursuant to [Presidential] powers may be unconstitutional.
Finally, even if an interrogation method might violate Section A, necessity or self-defense could provide justifications that would eliminate any criminal liability. Please let us know if we can be of further assistance.
The documents implementing the interrogation techniques include a revisionist analysis of a a May, U. The documents listed justifications and defenses for the techniques and provided detailed charts and tables of 35 techniques, including:. Sleep Deprivation : Keeping the detainee awake for an extended period of time. Allowing individual to rest briefly and then awakening him, repeatedly.
Not to exceed four days in succession. Sleep Adjustment : Adjusting the sleeping time of the detainee e.
This technique is NOT sleep deprivation. Threat of Transfer : Threatening to transfer the subject to a third country that subject is likely to fear would subject him to torture or death. The threat would not be acted upon nor would the threat include any information beyond the naming of the receiving country. In fact, several detainees were sent via a chartered Gulfstream Jet to Egypt and Uzbekistan, notorious torture venues, in a process called extraordinary rendition.
Worrisome as the guidelines were as stated, there was reason to regard them as the one-eighth of the iceberg above the ocean surface. The Reports section of the book includes a February, , report of the International Committee of the Red Cross describing problematic conduct of Coalition Forces CF in Iraq and seeking CF cooperation to prevent all forms of ill treatment, moral or physical coercion of persons deprived of their liberty in relation to interrogation.
A March, , report follows that covers the investigations of the 80th Military Police Brigade. It does, however note break-downs in chain of command policy transmission and training. Then, an August, , final report of an independent panel commissioned by Secretary of Defense Donald Rumsfeld the panel chaired by former Secretary of Defense James Schlesinger to review DOD detention operations and more particularly reviewing events of October through December at Abu Ghraib and other detention facilities concluded:.
They yielded significant amounts of actionable intelligence for dealing with the insurgency in Iraq and strategic intelligence of value in the Global War on Terror. While any abuse is too much, we see signs that the Department of Defense is now on the path to dealing with the personal and professional failures and remedying the underlying causes of these abuses.
The damage these incidents have done to U. The ABA report contained resolutions condemning use of torture or cruel, inhumane or degrading treatment of detainees and urging measures to turn that condemnation into working principles of improvement of conditions of detention. The report and its resolution were adopted by voice vote of the House of Delegates. Hicks claims he was menaced with weapons, had his head rammed into asphalt while blindfolded, medicated against his will, shackled in ways to rip skin, offered the services of a prostitute, denied ordinary necessities, subjected to rumors to turn other detainees against him, among other mistreatments.
We do know, however, from the assembled papers of this remarkable book is that at very high levels of government the rule of law was bent.
Fortunately, the remarkable resilience of our form of government enables restoration of the rule of law to a proper condition. Dratel eds. Cambridge Univ. Press This reviewer is also assisting that defense effort in a minor way.
Karen J. Joshua L. Military Order Nov. Advertisement Hide. This process is experimental and the keywords may be updated as the learning algorithm improves. This is a preview of subscription content, log in to check access. See, for instance, Antonio M.
Karen J. Greenberg and Joshua L. Major General George R. Google Scholar. Guy B. Adams and Danny L.
Balfour, Unmasking Administrative Evil , rev. Armonk, NY: M. Sharp, See the detailed description of the experiment and its implications in Adams and Balfour, Unmasking Administrative Evil , pp. Hanley, C.