JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Friday, December 31, 2004

New Justice Department memo expands "torture" definition
Bernard Hibbitts at 10:27 AM ET

[JURIST] The Justice Department late Thursday posted on its website a revised and expanded interpretation of criminal "torture" under the US Code (18 USC ss. 2340-2340A) a week before White House Counsel Alberto Gonzales, who oversaw the development of a narrower interpretation articulated in a controversial August 2002 memo [PDF], is due to appear before the US Senate Judiciary Committee as President Bush's nominee for Attorney General. The old interpretation of torture punishable by law had been largely limited to acts causing severe pain leading to "organ failure, impairment of bodily function, or even death", and had been blamed for a permissive approach to interrogation procedures leading to prisoner abuses at Abu Ghraib and other US facilities. Thursday's memorandum, insisting that "torture is abhorrent both to American laws and values and to international norms" and that President Bush had directed that American personnel not engage in torture, is significantly more expansive in keeping with international standards, especially the UN Convention Against Torture. While indicating that torture is not associated with "mild and transitory" acts, it acknowledges that it need not always involve severe physical pain. Read the full text of the memo here [PDF]. The Washington Post has more.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Europe rights court rules member states can decide which prisoners can vote
1:13 PM ET, May 22

 Second Circuit allows CIA to withhold interrogation documents
11:04 AM ET, May 22

 Malaysia opposition leader charged over protest
11:00 AM ET, May 22

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The US-Afghan Strategic Partnership Agreement
DOMESTIC
Kevin Govern
Ave Maria School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org