Torture memos

Originally Posted by classicman

What are their definitions? I gotta rethink this part.

Cruel, Inhuman or Degrading Treatment is illegal under UNCAT....the definitions in the treaty itself are not very specific, but under international law, under which the treaty is held accountable, that would include:

prolonged sleep deprivation - days not hours
excessive physical abuse - banging one's head against a wall
extremely painful stress positions - being shackled with arms above the head for days at a time
psychological abuse - threatening to inject AID virus
sensory deprivation
there are others

I agree it is subjective.

In the US Code, it refers to Constitutional protections as well as UNCAT protections:

TITLE 42 > CHAPTER 21D > § 2000dd–0

§ 2000dd–0. Additional prohibition on cruel, inhuman, or degrading treatment or punishment

(1) In general
No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.

(2) Cruel, inhuman, or degrading treatment or punishment defined
In this section, the term “cruel, inhuman, or degrading treatment or punishment” means cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.

(3) Compliance
The President shall take action to ensure compliance with this section, including through the establishment of administrative rules and procedures.

Again, IMO, determination of the limits of such treatments should not be made unilaterally by the executive branch but if questions arise, should be in consultation with either the legislative or judicial branch.

Even more so if there is any likelihood or possibility of political motivation....like as noted in the Senate report, Cheney/Rumsfeld directing interrogators to do whatever necessary and as harsh as necessary to find an al queda - Saddam connection.