Friday, January 23, 2009

Obama's Torture Ban

President Obama issued an Executive Order yesterday banning torture and providing for treatment of individuals in U.S. custody consistent with Common Article 3 of the Geneva Conventions, the Federal Torture Statute, and the Convention Against Torture. 

The EO revoked Bush's 2007 EO 13440 (tightening restrictions on interrogation techniques, but leaving some wiggle room) and "[a]ll executive directives, orders, and regulations inconsistent with this order, including but not limited to those issued to or by the [CIA] from September 11, 2001, to January 20, 2009, concerning detention or the interrogation of detained individuals . . . ."  It also effectively revokes Office of Legal Counsel opinions authorizing abusive interrogation techniques:  It prohibits the Attorney General from relying upon "any interpretation" "issued by the Department of Justice between September 11, 2001, and January 20, 2009," in interpreting any interrogation law--"including interpretations of Federal criminal laws, the Convention Against Torture, Common Article 3, Army Field Manual 2 22.3, and its predecessor document . . . ."

In stark contrast to the legal analysis in the Bush administration OLC opinions authorizing abusive interrogation techniques under the President's Article II powers and the AUMF, the Obama EO simply states this:

Common Article 3 Standards as a Minimum Baseline.  Consistent with the requirements of the Federal torture statute, 18 U.S.C. 2340 2340A, section 1003 of the Detainee Treatment Act of 2005, 42 U.S.C. 2000dd, the Convention Against Torture, Common Article 3, and other laws regulating the treatment and interrogation of individuals detained in any armed conflict, such persons shall in all circumstances be treated humanely and shall not be subjected to violence to life and person (including murder of all kinds, mutilation, cruel treatment, and torture), nor to outrages upon personal dignity (including humiliating and degrading treatment), whenever such individuals are in the custody or under the effective control of an officer, employee, or other agent of the United States Government or detained within a facility owned, operated, or controlled by a department or agency of the United States.

SDS

http://lawprofessors.typepad.com/conlaw/2009/01/obamas-torture.html

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Comments

It seems to me that torture of many kinds is the only way to get answer's you need to keep America safe. The kind of people who do vollentary suicides,fly planes into buildings,carry packpacks with bombs or poison to hurt others are a very tough rare breed and you will never get an answer from them by simply just asking,or tring to be nice by offering a cup of coffee and a smoke. Waterboarding,sticking a hose up their behind and turning on the hot water,gets ansewers. At least we don't put these people up in front of a tv camera and cut their heads off. I would be willing to bet,{God forbid that something like this could or would happen}but,I would be willing to bet that if terrorest came into our country stole president Obamas two little girls,he{the pres.himself} would resort to torture to find them and get them back safely into his arms. I know I would if something happened to my kid's, you could'nt keep me away.

Posted by: suzanne | May 21, 2009 8:27:02 AM

suzanne:

what if you are wrong?

Posted by: decora | Jun 15, 2011 6:39:37 AM

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