When we talk today of the “torture memos,” most of us think about the later memoranda, like the infamous “Bybee Memo” of August 1, Another Tortured Memo from Jay Bybee. Nine years after he left his post as Director of the Office of Legal Counsel (OLC) in the George W. Bush. The Bybee Memo Memorandum for Alberto R. Gonzales We conclude that for an act to constitute torture as defined in Section , it must inflict pain that is .

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The court concluded that these allegations sufficiently stated a claim for torture and denied defendants Rule 12 b 6 motion. Gonzales is the promotion of one closely associated with the torture and cruelty the President says he rejects. Those acts must be of an extreme nature to rise to the level of torture within the meaning of Section A and the Convention.

As the Court of Bybe for the D.

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The first part says that the advice provided in this memorandum applies only to the facts at hand regarding Abu Zubaydahand that the conclusions of the memorandum may change given different facts. The state parties considered and rejected a proposal that would have defined torture merely as cruel, inhuman or degrading treatment or punishment. It also emphasizes that the individual inflicting such pain must have “specific intention to inflict severe pain or suffering”.

First, the more certain that government officials are that a particular individual has information needed to prevent an attack, the more necessary interrogation will be.

As the International Committee of the Red Cross has pointed out, Article 4 of the Tortufe Geneva Convention provides protected status to those “who find themselves…in the hands of a party to the conflict,” unless they do not meet nationality criteria or are covered by the other Geneva Conventions. See Beth Troture, Corporate Liability: It bears noting, however, that there are no decisions that have found an example of torture on facts that show the action was isolated, rather than part of a systematic course of conduct.

Bybee signed the legal memorandum that defined ” enhanced interrogation techniques ” including waterboardingwhich are now regarded as torture by the Justice Department, [42] Amnesty International, [43] Human Rights Watch, [44] medical experts, [45] [46] intelligence officials, [47] military judges, [48] and American allies.

Such a threat fails to satisfy this requirement not because it is too remote in time but because there is a lack of certainty that it will occur. Kemo noted, “[w]hile we have identified various disagreements with the August Memorandum, we have reviewed this Office’s prior opinions addressing issues involving treatment of detainees and do not believe that any of their conclusions would be different under the standards set forth in this memorandum.


We conclude by examining possible defenses that would negate any claim that certain interrogation methods violate the statute. In finding that Vuckovic inflicted severe physical pain on Hadzialijagic, the court unsurprisingly focused on the beating in which Vuckovic tied Hadzialijagic upside down and beat him.

This view evinced by the parties reaffirms the interpretation of CAT as purposely reserving criminal penalties for torture alone. In addition to these memos issued by the OLC to executive agencies, internal memos were written related to the use of torture in interrogation of detainees; for instance, in andDonald RumsfeldSecretary of Defensesigned several memos authorizing “Special Interrogation Plans” for specific detainees held at Guantanamo Bay in an attempt to gain more information from them.

See Convention Against Torture: He also demonstrated that the mechanisms for controlling and overseeing the use of these techniques were chaotic, and this had led to the unauthorised use of cruel treatment.

That which fails to rise to this level must fail, a fortiori, to constitute torture under Section For starters, the US invasion of Iraq was justified, in part, on the basis of the false confession of Ibn al-Shaykh al-Libi who, under pain of torture, confessed to knowledge of weapons of mass destruction in Iraq.

That request was routed to the OLC by the White House General Counsel Alberto Gonzaleswho desired the “ability to quickly obtain information from captured terrorists and their sponsors.

At the hearing, Senator Leahy asked Mr. Article 3 of the European Convention on Human Rights similarly prohibits such treatment. In an judge en banc hearing, the Ninth Circuit Court of Appeals reversed the panel’s decision and held the two defendants could be civilly tried for a potential award of damages for the arrests, violations of free speech and alleged selective enforcement. During Kesser’s trial inthe prosecutor had eliminated three American Indian jurors and one Asian juror for racial reasons.

It takes little analysis or insight to conclude that this incident constitutes torture.

We consider each of these elements. Some states expressly proscribe “murder by torture.

Torture Memos

International Decisions International decisions can prove of some value in assessing what conduct might rise to the level of severe mental pain or suffering.

His primary research interests are in constitutional and administrative law. Subasic also was subjected to the teeth pulling incident.


To be sure, such a conclusion was unnecessary because even if the acts amounted only to cruel and inhuman treatment the GSS lacked authority to use the five methods. Representatives of defendant threatened her with death if she attempted to move from quarters where she was held. Finally, an individual with PTSD has “[p]ersistent symptoms of increased arousal,” as evidenced by “irritability or outbursts of anger,” “hypervigilance,” “exaggerated startle response,” and difficulty sleeping or concentrating.

Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.

Significantly, the phrase “severe pain” appears in statutes defining an emergency medical condition for the purpose of providing health benefits. Often referred to as the “choice of evils” defense, necessity has been defined as fellows: Gonzales stated that the President could invoke his authority as Commander-in-Chief to conclude that a law was unconstitutional and refuse to comply with it.

Interpretation to Avoid Constitutional Problems As the Supreme Court has recognized, and as we will explain further below, the President enjoys complete discretion in the exercise of his Commander-in-Chief authority and in conducting operations against hostile forces. They blindfolded her again, stripped her, and raped her repeatedly.

Increasingly concerned about the legal implications of their practices, John Rizzothen Acting General Counsel of the agency, requested the Office of Legal Counsel, Department of Justice, for new legal opinions on the use of these techniques. The solders pulled and squeezed their testicles.

Even the negotiating history displays a recognition that torture is a step far-removed from other cruel, inhuman or degrading treatment or punishment. Gonzales whether it was legally permissible for US personnel to engage in tortyre, inhuman or degrading treatment,” stripping the prohibition on torture of much meaning as applied to non-citizens detained outside of the United States.

Torture Memos – Wikipedia

Conversely, if a defendant reasonably believed an attack was to occur, but the facts subsequently showed no attack was threatened he may still raise self-defense. Consequently, he developed frostbite on his hands and feet.

He [Continued on Page 49] was denied sleep and repeatedly threatened him with dealt.