21 Jan, 2009
U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens [January 21, 2009]
Library of Congress. Congressional Research Service
Garcia, Michael John; Nordin, Johannes
"The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdictions. For purposes of the Convention, torture is defined as an extreme form of cruel and inhuman punishment committed under the color of law. The Convention allows for no circumstances or emergencies where torture could be permitted. Additionally, CAT Article 3 requires that no state party expel, return, or extradite a person to another country where there are substantial grounds to believe he would be subjected to torture. CAT Article 3 does not expressly prohibit persons from being removed to countries where they would face cruel, inhuman, or degrading treatment not rising to the level of torture. [...]. CAT obligations concerning alien removal have additional implications in cases of criminal and other deportable aliens. The Supreme Court's ruling in Zadvydas v. Davis suggests that certain aliens receiving protection under CAT cannot be indefinitely detained, raising the possibility that certain otherwise-deportable aliens could be released into the United States if CAT protections make their removal impossible. CAT obligations also have implications for the practice of 'extraordinary renditions,' by which the U.S. purportedly has transferred aliens suspected of terrorist activity to countries that possibly employ torture as a means of interrogation."
  • URL
  • Authors
    Garcia, Michael John
    Nordin, Johannes
  • Publisher
    Library of Congress. Congressional Research Service
  • Report Number
    CRS Report for Congress, RL32276
  • Date
    21 Jan, 2009
  • Copyright
    Public Domain
  • Retrieved From
    Via E-mail
  • Format
  • Media Type
  • Subjects
    Law and justice
    Asylum, Right of
    Emigration and immigration
  • Resource Group
    Reports (CRS)
  • Series
    CRS Report for Congress, RL32276

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