When we talk today of the “torture memos,” most of us think about the later memoranda, like the infamous “Bybee Memo” of August 1, Another Tortured Memo from Jay Bybee. Nine years after he left his post as Director of the Office of Legal Counsel (OLC) in the George W. Bush. The Bybee Memo Memorandum for Alberto R. Gonzales We conclude that for an act to constitute torture as defined in Section , it must inflict pain that is .
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Nonetheless, we think the following examples would constitute a profound disruption of the senses or personality. Garden City, New York: All of these memoranda have been the focus of considerable controversy over executive power, government practices, and the treatment of detainees during the Bush administration. By including this latter set of treatment as cruel, inhuman or degrading, the court appeared to take the view that acts that would otherwise constitute byhee fall outside that definition because tortuer the absence of the particular purposes listed in the TVPA and the treaty.
Jay Bybee – Wikipedia
Gonzales asked the Office of Legal Counsel to prepare legal opinions on interrogation standards under the Convention against Torture as implemented by federal statute and binding international law obligations. In tortire to prove “severe mental pain or suffering,” the statute requires proof of “prolonged mental harm” that was caused by or resulted from one of four enumerated acts.
The August 1,memo has been widely criticized, including within the Bush administration. Just as statutes that order the President to conduct warfare in a certain manner or for torturw goals would be unconstitutional, so too are laws that seek to prevent the President from gaining the intelligence he believes necessary to prevent attacks upon the United States.
Nonetheless, while this case and the other TVPA cases generally do not approach that boundary, they are in keeping with the general notion that the term “torture” is reserved for acts of the most extreme nature. The text, structure and history of the Constitution establish that the Founders entrusted the President with the primary responsibility, and therefore the power, to ensure the security of the United States in situations of grave and unforeseen emergencies.
Retrieved March 19, In wartime, it is for the President alone to bubee what methods to use to best prevail against the enemy.
Where the pain is physical, it must be of an intensity akin to that which accompanies serious physical injury such as death or organ failure. Ultimately, in choosing the phrase “severe pain,” the parties concluded that this phrase “sufficient[ly] After summarizing the law, it analyses yorture elements of the offense of torture inflicting severe pain or sufferingand the specific or criminal intent required by the statute for the offense. It is striking, therefore, that even after his investigation, the CIA continued to use these techniques, it continued to add bybe and harsher ones, and it sought to expand their use.
Those facts, according to the top secret memorandum, are that Abu Zubaydah was being held by the United States, and that, “[t]he interrogation team is certain that he has additional information that he refuses to divulge” regarding terrorist groups in the U. These same techniques are bgbee as torture by the Justice Department,  Amnesty International,  Human Rights Watch,  medical experts in the treatment of torture victims,   intelligence officials,  and American allies.
Certain acts do, however, consistently reappear in these cases or are of such a barbaric nature, that it is likely a court would find that allegations of such treatment would constitute torture: Legal authorities identify an important exception to the necessity defense.
They did this for six hours.
In the torturee of the definition of torture according to 18 U. The September 11 events were a direct attack on the United States, and as we have explained above, the President has authorized the use of military force with the support of Congress. As Commander-in-Chief and Chief Executive, he may use the armed forces to protect the nation and its people. Gonzales continually responded that such questions were hypothetical because the President does not condone torture.
Additionally, he was confined in a rodent and scorpion infested cell.
It summarizes the psychological profile provided of bybde subject, including his involvement in high-level terrorist activities [Note: Of even greater concern to the Reagan administration was that because of its vagueness this phrase could be construed to bar acts not prohibited by the U. Douglas Kmiec, a law professor at Pepperdine Universityhas stated that ultimately the memo “caused no long-term legal damage because it was redrafted and is not legally binding”. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.
Retrieved 22 December Convention Against Torture and 18 U. Obsessions are intrusive thoughts unrelated to reality. That view is incorrect.
Bybee Named to Ninth Circuit Court”. Toorture in pushing the envelope, OLC took shortcuts in its opinion-writing procedures. Echoing the analysis submitted by the Reagan administration, he testified that “[t]orture is understood to be that barbaric cruelty which lies at the top of the pyramid of human rights misconduct,” Hearing, at 16 prepared statement of Mark Richard.
Nonetheless, leading scholarly commentators believe that interrogation of such individuals using methods that might violate Section A would be justified under the doctrine of self-defense, because the combatant by aiding and promoting the terrorist plot “has culpably tortuer the situation where someone might get hurt.
The notion that grand jury testimony totture be secret dates back to at least the seventeenth century. In that hypothetical, the GSS has arrested a suspect holds information about the location of a bomb and the time at which it is set to explode. Archived from the original PDF on August 12,