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The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
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U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
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U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
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Renditions: Constraints Imposed by Laws on Torture
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Renditions: Constraints Imposed by Laws on Torture
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Renditions: Constraints Imposed by Laws on Torture
Persons suspected of terrorist activity may be transferred from one State (i.e., country) for arrest, detention, and/or interrogation. Commonly, this is done through extradition, by which one State surrenders a person within its jurisdiction to a requesting State via a formal legal process, typically established by treaty. Far less often, such transfers are effectuated through a process known as “extraordinary rendition” or “irregular rendition.” These terms have often been used to refer to the extrajudicial transfer of a person from one State to another. In this report, “rendition” refers to extraordinary or irregular renditions unless otherwise specified.
Overview and Analysis of Senate Amendment Concerning Interrogation of Detainees
On October 5, 2005, the Senate adopted a floor amendment (S.Amdt. 1977), proposed by Senator John McCain with 11 co-sponsors, that would (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” The amendment modified the Defense Department FY2006 Appropriations bill (H.R. 2863), which had passed the House on June 20, 2005, without a comparable provision. The defense appropriations bill is currently before a conference committee.1
U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
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Interrogation of Detainees: Overview of the McCain Amendment
This report discusses the recent controversy that has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109- 148), and the National Defense Authorization Act for FY2006 (P.L. 109-163) contain identical provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions, added to the defense appropriations and authorization bills via amendments introduced by Senator John McCain, have popularly been referred to as “the McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
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Renditions: Constraints Imposed by Laws on Torture
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Interrogation of Detainees: Overview of the McCain Amendment
This report discusses the Detainee Treatment Act (DTA), which contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and the application of the McCain amendment by the Department of Defense (DOD) in the updated 2006 version of the Army Field Manual.
Interrogation of Detainees: Overview of the McCain Amendment
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual.
The SSCI Study of the CIA's Detention and Interrogation Program: Issues to Consider
This report briefly discusses issues pertaining to the 500-page Executive Summary of the Senate Select Committee on Intelligence (SSCI) Study of the Central Intelligence Agency's (CIA's) Detention and Interrogation Program, which released to the public on December 9, 2014 describes the history of the CIA's Detention and Interrogation Program from late 2001 to January 2009, including a review of each of the 119 individuals known to have been held in CIA custody.
Perspectives on the Senate Select Committee on Intelligence (SSCI) "Torture Report" and Enhanced Interrogation Techniques: In Brief
This report provides a summary of views expressed by public officials, academics, and commentators voiced in a variety of sources regarding perspectives on Enhanced Interrogation Techniques (EITs) and torture, on EITs and values, and on EITs and effectiveness. It also provides background information about EITs and the release of the report "Senate Select Committee on Intelligence (SSCI) Study of the Central Intelligence Agency's (CIA's) Detention and Interrogation (D&I) Program (SSCI Study)" as well as supplementary reports and responses.
Perspectives on Enhanced Interrogation Techniques
This report briefly summarizes what constituted Enhanced Interrogation Techniques (EITs), provides background on their adoption and use, and discusses differing views on three questions that underpin discussion and debate of this topic.
Military Base Closures: Socioeconomic Impacts
This report provides background on military base closures and an analysis of community economic impacts, planning for economic redevelopment, and environmental cleanup following closures. The most recent Base Realignment and Closure (BRAC) Commission rejected 13 of the initial Department of Defense recommendations, significantly modified the recommendations for 13 other installations, and approved 22 major closures.
Renditions: Constraints Imposed by Laws on Torture
This report discusses relevant international and domestic law restricting the transfer of persons to foreign states for the purpose of torture.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), which requires signatory parties to take measures to end torture within their territorial jurisdictions.
Big Deal? U.S. Changes Stance on Cruelty Prohibition
This legal sidebar outlines a change in the U.S. interpretation regarding aspects of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); these comments were presented as part of the U.S. periodic report to the U.N. Committee Against Torture.
U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
This report discusses 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 jurisdiction and to criminalize all acts of torture.
U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
This report examines 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 jurisdiction and to criminalize all acts of torture. Unlike many other international agreements and declarations prohibiting torture, CAT provides a general definition of the term. CAT generally defines torture as the infliction of severe physical and/or mental suffering committed under the color of law. CAT allows for no circumstances or emergencies where torture could be permitted.
Perspectives on Enhanced Interrogation Techniques
This report briefly summarizes what constituted Enhanced Interrogation Techniques (EITs), provides background on their adoption and use, and discusses differing views on three questions that underpin discussion and debate of this topic.
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