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 .
|Published (Last):||1 November 2010|
|PDF File Size:||17.20 Mb|
|ePub File Size:||13.58 Mb|
|Price:||Free* [*Free Regsitration Required]|
Imagine the following hypothetical: Furthermore, unlike Sectionneither section nor section appear to require proof of actual pain to establish torture. As we explained above, a jury will be permitted to infer that the defendant held the requisite specific intent. Gonzales refused to concede that his advice to deny the protections of the Geneva Conventions to Al Qaeda and the Taliban had any influence on detainee treatment in Iraq.
When they noticed that Hadzialijagic was losing consciousness, they dunked his head in a bowl used as a toilet.
During this incident, the guards threatened him with death an electric shock. The prefatory phrase “such purposes jemo makes clear that this list is, however, illustrative rather than exhaustive. Effectively granting Kesser a new trial, this decision laid out the current Batson analysis in the Ninth Circuit. Court of Appeals for the Ninth Circuit, crafted a previously undisclosed interpretation of the law that is breathtaking in its sweep.
The memo discusses the Convention Against Torture which the memo calls the “Torture Convention” and concludes that the convention makes a distinction between torture and “cruel, inhuman, or degrading treatment or punishment”, and that therefore torture is “only the most extreme acts”, which the memo concludes, together with the ratifying memp of the United States, confirms the interpretation of torture found in part one.
Retrieved April 17, Retrieved 18 January That panel’s ruling was overturned on December 5,by an 8—7 decision of the Ninth Circuit’s fully active appeals judges en bancafter a rehearing sought by Kamehameha Schools.
From Wikipedia, the free encyclopedia.
Bybee Named to Ninth Circuit Court”. Standard criminal law defenses of necessity and self-defense could justify interrogation methods needed to elicit information to prevent a direct and imminent threat to the United States and its citizens. Torture bbyee generally understood to involve “intense pain” or “excruciating pain,” or put another way, “extreme anguish of body or mind.
Assumed office March 21, He was then imprisoned for 1, days. Navy general counsel Alberto Mora campaigned internally against what he saw as the “catastrophically poor legal reasoning” of the memo. See Memorandum from James C. It concludes that none of these methods, individually or simultaneously would be considered torture according to law. The Bybee memo requested by Gonzales stated: Based hybee our review of the case, law, however, these tribunals byvee not yet articulated the full scope of conduct prohibited by common article 3.
Following the example of In re Neagle, we conclude that a government defendant may also argue that his conduct of an interrogation, if properly authorized, is justified on the basis of protecting the nation from attack.
This description of mental suffering emphasizes the requirement that any mental harm be of significant duration and lends further support for our conclusion that mind-altering substances must have a profoundly disruptive effect to serve as a predicate act. The guards then showed her surveillance photographs of herself.
The other two remaining plaintiffs alleged that they were not provided adequate or proper medical care for conditions that were life threatening. Treaties are negotiated by the President in his capacity bybew the “sole organ of the federal government in the field of international relations.
During this seven-month period, he was shackled to his cot — at first by all his bybre and later by one hand or one foot. A defendant must specifically intend to cause prolonged mental harm for the defendant to have committed torture. CAT defines torture as: The Man Behind Waterboarding”. Part six of the memo is titled “Defenses” and meno that “under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section A.
Please let us know if we can be of further assistance. 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.
Bybee Memo, A Roadmap to Torture
The Reagan understanding, like the Bush understanding, ensured that “intentionally” would be understood as a specific intent requirement. Defense Authorization Act Sep. Additionally, he was confined in a rodent and scorpion infested cell. The New York Times Magazine. The legal opinion had been requested by William J. Thus, if a defendant has a good faith belief that his actions will not result in prolonged mental harm, he lacks the mental state necessary for his actions to constitute torture.
In fact, these decisions have found various aggressive interrogation methods to, at worst, constitute cruel, inhuman, and degrading treatment, but not torture. Finally, the fact that previous al Qaeda attacks have had as their aim the deaths of American citizens, and that evidence of other plots have had a similar goal in bybee, would justify proportionality of meom methods designed to elicit information to prevent such deaths.
In part, this is due to the nature of the acts alleged. Later, two men with a gun kidnapped her.
A memo on torture to John Yoo | Vincent Iacopino | Opinion | The Guardian
Given the highly contextual nature of whether a set of acts constitutes torture, we have set forth in the attached appendix the circumstances in which courts have determined that the plaintiff has suffered torture, which include the cases from which these seven acts are drawn.
As a result, the defendant had to act with the express “purpose to disobey the law” in order for the mens rea element to be satisfied. Designed to “fill a gap in existing law dealing with extremely violent and callous criminal conduct[,]” People v.
Reflecting afterward on the Torture Memos as a cautionary tale, Goldsmith wrote in his memoir:. And by requiring that they be “calculated” to produce such an effect, the statute requires for liability the defendant has consciously designed the acts to bbybee such an effect. Because both “[t]he executive power and the command of the military and naval forces is vested in the President,” the [Page 34] Supreme Court has unanimously stated that it is “the President alone  who is constitutionally invested with the entire charge of hostile operations.
He has a sworn duty to preserve, protect, and defend the Constitution and to execute the laws of nemo United States faithfully, in accordance with the Constitution.
In response to the widespread criticism of the Bybee memo, the Department of Justice issued a new memo on December 30,stating that it superseded the Bybee memo in its entirety, in which the analysis directly addressing the definition of torture was ameliorated. Hadzialijagic bybef into cardiac arrest just after this incident and was saved by one of the other plaintiffs. During that time, he was blindfolded and chained to the wall in a six-foot by six-foot room infested with rodents.
See generally Sofaer Memorandum.