Torture & Outrages On Personal Dignity:

Bush authorized the use of torture and abuse in violation of international humanitarian and human rights law and domestic constitutional and statutory law.  (U.S. laws violated include, but are not limited to:  the Fifth Amendment to the Constitution; 18 U.S.C. Section 242 (War Crimes); 18 U.S.C. Section 2340 (Convention Against Torture Statute); the Uniform Code of Military Justice, Army Regulation 190-8, Articles 3 and 5 of the Third and Fourth Geneva Conventions, and customary international law reflected, in multilateral treaties and other international instruments).



Constitution of the United States of America
Amendment V:  

No person* shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 
*Note:  The use of “No person” extends protection to all people, not just U.S. citizens.



U.S. Code:
Title 18, Part I, Chapter 113C

Section 2340 (Convention Against Torture Statute). 

Definitions - 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 -

  1. the intentional infliction or threatened infliction of severe physical pain or suffering;
  2. 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;
  3. the threat of imminent death; or
  4. 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'' includes all areas under the jurisdiction of the United States including any of the places described in sections 5 and 7 of this title and section 46501(2) of title 49.



U.S. Code:
Title 18, Part I, Chapter 113C

Section 2340A.  Torture

(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.

Section 2340B.  Exclusive remedies

Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.


The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Adopted by unanimous agreement of the United Nations General Assembly on December 10, 1984, and entered into force on June 26, 1987. 

Signed by the United States on April 18, 1988.

 

“By giving its advice and consent to ratification of this Convention, the Senate of the United States will demonstrate unequivocally our desire to bring an end to the abhorrent practice of torture.”

- Ronald Reagan; May 20, 1988


Relevant Federal Criminal Law:

(Numerous detainees have died of injuries sustained during “questioning”).
"Common Article III of the Geneva Conventions:

Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.

Part I: General provisions

ARTICLE 3

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

     To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a)     violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b)     taking of hostages;

(c)     outrages upon personal dignity, in particular humiliating and degrading treatment;

(d)     the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

(2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.       

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Comment:

It is beyond question that Americans have committed ‘outrages upon personal dignity’ and that American prisoners have been subjected to ‘humiliating and degrading treatment’.  It has also been documented that American prisoners have been abused in multiple ways that are widely recognized as torture; including beatings and have been, in fact, beaten to death.  Further, as Commander In Chief, the President is directly responsible for these acts.  Moreover, Mr.’s. Bush & Cheney's statements, and ex-SecDef. Rumsfeld's direct involvment created a permissive and encouraging environment; a - "the gloves are off" – "wanted dead or alive" – "no holds barred" – "anything goes in this 'everything's changed since 9/11" - atmosphere that promoted a sense of self-righteous indignation leading directly to ongoing and escalating abuses.

For evidence of torture click:

Here  |  Here  |  Here  |  Here  |  Here  |  Here 
To view video of "Waterboarding" click on the images below:




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