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 reason why torture is universally prohibited in international and domestic law the world over, however, is not because it is ineffective or counterproductive though it is. 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.
Because of this approach, it is difficult to take a specific act out of context and conclude that the act in isolation would constitute torture. Defense Authorization Act Sep.
Additionally, the threat of inflicting such pain is a predicate act under the memmo. Gonzales is the promotion of one closely associated with the torture and cruelty the President says he rejects. The acts of torture that John Yoo and other Bush administration officials so proudly defend are nothing less than war crimes that, in the absence of accountability, continue to undermine the United Torutre claim to respect the rule of law.
It is striking, therefore, that even after his investigation, the CIA continued to use these techniques, it continued to add new and harsher ones, and it sought to expand their use.
A memo on torture to John Yoo | Vincent Iacopino | Opinion | The Guardian
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. The Ninth Circuit Court of Appeals granted habeas corpus based on ineffective assistance of counsel and faulty jury instructions, and noted that there was support for Lankford’s theory that his brother committed the murders in question.
The Bybee Memos 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 basis for approval of torture, inhuman and degrading treatment against detainees in the ‘War on Terror’.
The other two remaining bybeee alleged that they were not provided adequate or proper medical care for conditions that were life threatening. As the Torutre Court noted in Cheek, “the more unreasonable the asserted beliefs or misunderstandings are, the more likely the jury InPhilip D. Certain acts do, however, consistently reappear in these cases or are of such a barbaric nature, that it is likely a court would find that allegations of such treatment would constitute torture: The letter concludes that the interpretation of the Department of Justice of 18 U.
CAT reserves criminal penalties and the stigma attached to those penalties for torture alone. Moore, 23 Israel L.
Also at this alternative link Archived at the Wayback Machine. Although a defendant theoretically could hold an unreasonable belief that his acts would not constitute the actions prohibited by the statute, even though they would as a certainty produce the prohibited effects, as a matter of practice in the federal criminal justice system it is highly unlikely that a jury would acquit in such a situation.
He is a moderate conservative, very bright and always attentive to the record and the applicable law. I certainly didn’t think they were unlawful, but I couldn’t get an opinion that they were lawful either. Given the massive destruction and loss of life caused by the September 11 attacks, it is reasonable to believe that information gained from al Qaeda personnel could prevent attacks of a similar if not greater magnitude from occurring in the United States.
The statute does not define “severe mental pain” and “severe mental suffering” separately. It states that the purpose of these methods will be to “convince Zubaydah that the only way he can influence his surrounding environment is through cooperation”.
As with our discussion of necessity, we will review the significant elements of this defense.
Interrogation of captured al Qaeda operatives may provide information concerning the nature of al Qaeda plans and the identities of its personnel, which may prove invaluable in preventing further direct attacks on the United States and its citizens. He had serious medical conditions that were not promptly or adequately treated.
It is relied upon byebe by the subsequent “torture memos”.
Prisoners are deprived of sleep pending interrogation. It summarizes the various methods of physical and psychological coercion to be used tortkre the CIA against Zubaydah see next section, Part I for details. The New York Times Magazine. In Part VI, we discuss defenses to an allegation that an interrogation method might violate the statute.
The court reached this conclusion based on the distinction the Bynee Convention drew between torture and cruel, inhuman, or degrading treatment or punishment.
A memo on torture to John Yoo
Retrieved 1 March Although the ratification record, i. All of these memoranda have been the focus of considerable controversy over executive power, government practices, and the treatment of detainees during the Bush administration. Papers of Ronald Reaganright of self-defense recognized by Article 51 of the U. The phrase “disrupt profoundly the senses or personality” is not used in mental health literature nor is it derived from elsewhere in U.
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. We conclude that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section A.
The term “torture memos” was originally used to refer to three documents prepared by the Office of Legal Counsel at the United States Department of Justice and signed in August For purely mental pain or suffering to amount to torture under Sectionit must result in significant psychological harm of significant duration, e.
With Robert Beezer, Bybee issued the majority decision that the schools’ admissions policy constitutes “unlawful race discrimination.
CAT not only defines torture as involving severe pain and suffering, but also it makes clear that such pain and suffering is at the extreme end of the spectrum of acts by reserving criminal penalties solely for torture.