ABSTRACT

Memorandum for Alberto R. Gonzales, Counsel to the President: Re: Standards of Conduct for Interrogation Under 18 U.S. C. §§ 2340-2340A [August 1, 2002]   [open pdf - 4MB]

"You have asked for our Office's views regarding the standards of conduct under the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment as implemented by Sections 2340-2340A of title 18 of the United States Code. As we understand it, this question has arisen in the context of the conduct of interrogations outside of the United States. We conclude below that Section 2340A proscribes acts inflicting, and mat are specifically intended to inflict, severe pain or suffering, whether mental or physical. Those acts must be of an extreme nature to rise to the level of torture within the meaning of Section 2340A and the Convention. We further conclude that certain acts may be cruel, inhuman, or degrading, but still not produce pain and suffering of the requisite intensity to fall within Section 2340A's proscription against torture. We conclude by examining possible defenses that would negate any claim that certain interrogation methods violate the statute."

Publisher:
Date:
2002-08-01
Copyright:
Public Domain
Retrieved From:
U.S. Dept. of Justice: http://www.justice.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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