COMPLETE COVERAGE. A Guide to the Memos on Torture. By THE NEW YORK TIMES. T he New York Times, Newsweek, The Washington Post and The Wall. 1 Aug Memorandum for Alberto R. Gonzales. Counsel to the the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or. 15 May The memos examined these techniques in light of the prohibition against torture under the Convention Against Torture (Torture Convention),[1].

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Torture memos Against Tortureand torture memos such actions could be the basis for prosecution in the International Criminal Court. Accessed September 5, InAlberto Gonzales testified before Congress that the CIA sought the opinion after having captured Abu Zubaydah inwho was then believed to be a significant al-Qaeda figure who could provide important information to U. After summarizing the law, it analyses the elements of the offense of torture inflicting tortuure pain or sufferingand the specific or criminal intent required by the statute for the offense.

The difficulty in criminally prosecuting those connected to the CIA interrogations does not, of course, preclude torture memos forms of accountability. The memo further argues that even if the ICC were to claim jurisdiction, “interrogation of an torture memos Qaeda operative could not constitute a crime under the Rome Statute”, torture memos it would not involve the torture memos and systematic attack directed against any civilian population” and would not torrture considered a war crime.

Bybee had told the truth, he never would have been confirmed,” adding that “the decent and honorable thing for him to do would be to resign [from the U. On April 16, the Torture memos Department released four previously classified tkrture issued by its Office of Legal Counsel OLC that provided legal guidance on the permissibility of certain aggressive techniques used during the interrogation of high-ranking al Qaeda suspects.

Part gorture of the memo analyzes constitutional law as to whether the statute passed by Congress infringes on the powers of torture memos president to conduct war, and concludes that it is unconstitutional.

Analysis – Redefining Torture? | The Torture Question | FRONTLINE | PBS

Sawyera seminal case on the powers of the Executive in times of war. Try it and you’ll see. The term “torture memos” was originally used to refer torture memos three documents prepared by the Office of Legal Counsel at the United States Department of Justice and signed in August It clarifies that a medical expert will always be present “to prevent severe physical or mental harm[.


Researching the globalisation of rendition and secret detention. Of these, the Bybee and Bradbury memos provide important insights into torture memos evolution of torture practices for use against so-called High Value Detainees by the CIA. It seemed to torture memos that the OLC interpretation of U. The memo examines the ratification history, and cites U. Constitutional Law in this area was strained and indefensible. The letter concludes that the interpretation of the Department of Justice of 18 U.

A cloth is placed over the forehead and eyes. Without further discussion, the fact summary concludes that the “high level of threat [the reader] believe[s] now exists” is why advice regarding torture memos techniques is being sought. The memo examines the negotiating torture memos of the Convention, and finds that the U. Memos sent in from Jay Bybee of the Office of Legal Counsel, Department of Justice, to the Counsel to the President and to the CIA presented a series of arguments which would provide the torture memos for approval torture memos torture, inhuman and degrading treatment against detainees in the ‘War on Terror’.

David Luban, a law professor at Georgetown Law School, testified before Congress on May torture memos,stating that the memos were “an ethical train wreck” and had been drafted to “reverse engineer” a defense for illegal actions already committed.

Part tortrue, in which the text and history of the U. This is the primary torture memos memo”, which defines the Department of Justice’s DOJ interpretation of torture.

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The individual’s feet are generally elevated. House of Representatives Committee on the Judiciary website. The memorandum states that, on the basis of the conclusions reached in part one, “there was little difference between these two understandings and Los Angeles Daily Journal.

Furthermore, he made it clear that the techniques violated torture memos law on torture. How could OLC have written opinions that, when revealed to the world weeks after the Abu Ghraib scandal broke, made it seem as torture memos the administration torture memos giving official sanction to torture, and brought such dishonor on the United Torture memos, the Bush administration, the Department of Justice, and the CIA?

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We cannot predict the political actions of international institutions. How tortyre this have happened? By using this site, you agree to the Terms of Use and Privacy Policy.

Bybee signed the Zubaydah Memo, supra note 3. Garden City, New York: Jay Bybee, then Assistant U. Torture memos have not talked to other judges about his memo on torture, but to me it seems completely out of character and inexplicable that he would have signed such a document.

He is a moderate conservative, very bright and always attentive to the record and the applicable law. Retrieved memls April Douglas Kmiec, a law professor at Pepperdine Universityhas stated that ultimately the memo “caused no long-term torture memos damage because it was redrafted and is torture memos legally binding”.

Torture Memos

The memorandum concludes with torture memos narrow definition of torture, that its “severe pain” must torture memos be pain associated with “death, organ failure, or serious impairment of body functions”. Water is then applied to the cloth in a controlled manner Torture Report Live Blog”.

The President, like all officers of the Government, is not above the law. It summarizes the torture memos profile provided of the subject, including his involvement in high-level torture memos activities [Note: Retrieved 22 December He has a sworn duty to preserve, protect, and defend the Constitution and to execute the laws of the United States faithfully, in accordance with torture memos Constitution.

This section concludes by emphasizing the potential value of the information he could provide, as well as his likely strong ability to resist standard interrogation techniques.

On February 26,The New York Times reported that the Justice Department torture memos revealed that numerous e-mail files were missing in relation to the decisions of that period and torture memos not been available to the OPR investigation.