posted on Aug, 24 2009 @ 11:53 PM
On May 7, 2004 A report from the Office of the Inspector General entitled Counter Terrorism and Interrogation Activities (September 2001-October 2003)
was compiled detailing the activities and legalities of interrogation techniques.
FULL REPORT HERE
In this report, it states that under the The Torture Convention Treaty "any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining [information from him]..."
Article 16 of the Torture Convention defines torture as "cruel, inhumane, or degrading treatment or punishment." Article 16 has been interpreted as
The United States understands the term "cruel inhumane, or degrading treatment or punishment," as used in Article 16 of the convention, to
mean the cruel, unusual, and inhumane punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United
18 USC 2340A(a) 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.
Congress has defined "severe mental pain or suffering": The prolonged mental harm caused by or resulting from -
- The intentional infliction or threatened infliction of severe physical pain or suffering;
- The administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to
disrupt profoundly the senses or personality;
- The threatened imminent death; or,
- The threat that another person will imminently be subjected to death, sever physical pain or suffering, or the administration of mind altering
substances or other procedures calculated to disrupt profoundly the senses or personality...
These definitions and findings made in 2004 were again clarified for the CIA in 2005 by the Office of the United States Attorney General.
FULL REPORT HERE
report, definitions of torture were related to the Eighth Amendment against the treatment of cruel and unusual treatment. The term "shock the
conscious" was used to clarify the degree of treatment that would need to be displayed in order to be characterized as torture.
I find no excuse for this behavior in light of the new findings and information that has been released. The CIA was well informed, and continued using
these techniques under the promise that they would be shielded from prosecution. My personal opinion is that everyone involved should face charges;
however, the people that were carrying out the orders should receive mitigating sentences if found guilty. The people at the top should face the
heaviest sentences if found guilty.