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TORTURE

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He doesn't believe any of the tactics went too far, including water boarding. ... being applied to open wounds, sexual assault, neck collars, water boarding. ... – PowerPoint PPT presentation

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Title: TORTURE


1
TORTURE
  • By LaQuana McNeil
  • Shola Amusa
  • Samantha Soto
  • Sudakshina Chattopadhyay
  • Alexandra Heller

2
Outline
  • Definition of torture in international law
  • U.S. policies after 9/11
  • Distinction between torture and CIDT
  • Bush Administration and its position on torture
  • Policy recommendations

3
Thesis and policy suggestions
  • The interrogation techniques of the Bush
    Administration qualify as torture under
    international law. Intent and purpose are key to
    the definition, not severity.
  • Recommendations Public awareness, revise
    definition of torture in IL, training of
    military, increase accountability for those
    ordering interrogation techniques

4
What is Torture? Four elements
  • UN Convention against Torture (1984)
  • Severity Torture is any act that intentionally
    inflicts "severe pain or suffering, whether
    physical or mental.
  • Intent It must be intentional.
  • Purpose It must be inflicted upon victims for
    the express purpose of extracting
    information/confessions
  • It must involve a state official.

5
UDHR, 1948
  • Article 7
  • No one shall be subjected to torture or to
    cruel, inhuman or degrading treatment or
    punishment.

6
After the 9/11 Attacks
  • Justice Department's Office of Legal Counsel
    states in 2002 (the Bybee Memorandum)
  • Coercive interrogations only constitute torture
    if they intentionally caused suffering
    equivalent in intensity to the pain accompanying
    serious physical injury, such as organ failure,
    impairment of bodily function, or even death.

7
Small Clip on the Definition of Torture
8
Torture and CIDT
  • How can we distinguish between torture and
    cruel, inhuman, and degrading treatment or
    punishment?
  • Distinction?

9
The Differences
  • There are two main characteristics which
    distinguish torture from degrading treatment or
    punishment.
  • OBJECTIVE
  • DEGREE

10
Objective and Degree
  • Objective qualifies torture. Objective is
    exhibited when someone is subjected to degrading
    treatment with the intent of obtaining
    information or a confession.
  • Degree speaks to both the deliberate physical or
    mental suffering inflicted upon the party as well
    as the intensity of the suffering caused.

11
Bush Administration
  • US government began torturing prisoners in the
    spring of 2002.
  • These prisoners would be brought to black
    sites. Various military bases in countries
    around the world such as Thailand, Afghanistan,
    Morocco, and Poland.
  • Operated initially by FBI agents, using standard
    interrogation tactics.
  • CIA agents replace them with an alternate set of
    procedures.
  • High level administrative officials have to give
    the green light, before agents can act.

12
Torture Legislation
  • Memorandum of Understanding, September 17, 2001
  • Legal Rationale by General John Yoo in January
    2002
  • Endorsement by White House counsel Alberto R.
    Gonzales
  • Torture Memorandum August 2002
  • March 2003 Defense Department Legal Task
  • Military Commissions Act 2006

13
Hiding the Truth
  • The US doesnt torture its against our values.
    I have not authorized it- and I will not
    authorize it. President George W. Bush
  • CIA destroyed as many as 92 video recordings of
    interrogations.
  • According to Pentagon figures at least eight
    people were tortured to death.
  • Cover phases
  • Alternate set of procedures
  • Taking the gloves off
  • Shocks the conscience
  • New urgency
  • Specifically designed not to leave marks

14
Medias Role
  • An interview by Matt Lauer of President Bush
  • http//www.youtube.com/watch?vMFtcYeoxk1k
  • President Bush We Dont Torture People
  • http//www.youtube.com/watch?vg6LtL9lCTRA
  • Dick Cheney ordered Torture, Wiretapping, and
    Violated the Constitution
  • http//www.youtube.com/watch?vgwmh5QRMbb8

15
Khalid Sheikh Mohammed
  • A key planner in the 9/11 attacks, captured in
    March 1, 2003.
  • Dick Cheney in his exit interview with ABC news
    admits he gave authorization for tactics taken
    against Mr. Mohammed. He doesnt believe any of
    the tactics went too far, including water
    boarding.
  • Mr. Mohammeds recollection from his
    interrogation involves being punched, stripped,
    cuffed and chained, drenched with cold buckets of
    water, no toilet access, blindfolded, brought to
    the verge of death, weight being applied to open
    wounds, sexual assault, neck collars, water
    boarding.
  • Additionally he admitted that during times of
    painful procedures he would give false
    information to appear cooperative.

16
What should be done?
  • http//www.youtube.com/watch?vM_4Rkbn1GFE

17
Awareness
  • Spreading awareness of torture used by
    militaries.
  • Campaigning against the use of torture.

18
Language
  • Clearing up the language in the legal definitions
    of torture.
  • Make the language more uniform and less vague.

19
Development
  • Developing better ways to interrogate.
  • Place less pressure and accountability on
    infantry soldiers and more pressure and
    accountability on officers and other high-ranking
    officials.
  • Better training of interrogators and stricter
    inspection of detainee camps.

20
Any Questions?
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