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In reply to the discussion: Al-Qaeda suspects were brought to the 'point of death' during 'real torture' by CIA [View all]Fortinbras Armstrong
(4,477 posts)28. Yes, it is against the law
The applicable US law is 18 U.S.C. § 2340
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.
(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.
18 U.S.C. § 2340A
(a) Offense. Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction. There is jurisdiction over the activity prohibited in subsection (a) if
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy. A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.
(b) Jurisdiction. There is jurisdiction over the activity prohibited in subsection (a) if
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy. A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.
Note the last paragraph. That says that those who order the torture are just as liable as the actual torturers.
Another thing that is applicable is the Convention Against Torture, an international treaty to which the U.S. is a signatory.
The definition of torture as given in Article 1 of the Convention is
For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, 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 person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
You should also note Article 16
Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
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Al-Qaeda suspects were brought to the 'point of death' during 'real torture' by CIA [View all]
Judi Lynn
Sep 2014
OP
What kind of doctors would participate in such a blatant violation of the Hippocratic oath? nt
Live and Learn
Sep 2014
#1
The doctors need to be prosecuted so that next time a doctor is directed to do
rhett o rick
Sep 2014
#2
That is dreaming. There is a code where Pres Obama can't bring harm to those in the "club".
rhett o rick
Sep 2014
#20
Different times, different people, names and geographical locations, but SOS. n/t
RKP5637
Sep 2014
#12
I am willing to bet that it wasn't always just to the point of death either. nt
Live and Learn
Sep 2014
#5
So you hold US law in contempt. You take Himmler, Torquemada and Lavrenti Beria as role models.
Fortinbras Armstrong
Sep 2014
#31
CIA's Denial of Protecting Nazis is Blatant Lie Pt1 by Hank P. Albarelli, Jr (12-7-10)
bobthedrummer
Sep 2014
#32