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View Diary: Rumsfeld's Revenge: Army Field Manual to Allow Torture (217 comments)

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  •  Torture is defined by (1+ / 0-)
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    Valtin

    The Convention Against Torture, which as noted below becomes the "Supreme law of the land" according to Article VI of the Constitution. Forget the Geneva Conventions, they are secondary to the issue of torture. It can be argued the appendix "M" is in violation of this treaty.

    CONSTITUTION OF THE UNITED STATES OF AMERICA

    Article. VI.

    Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

    CONVENTION AGAINST TORTURE
    and Other Cruel, Inhuman or Degrading
    Treatment or Punishment

    Part I
    Article 1

    1. For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

    Article 2

    1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
    1. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
    1. An order from a superior officer or a public authority may not be invoked as a justification of torture.

    Article 3

    1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
    1. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

    Article 4

    1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
    1. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

    The reason people don't learn from the past, is because the past was a repetitious lie to begin with. Mike Hastie U.S. Army Medic Vietnam 1970-71

    by BOHICA on Mon Jan 26, 2009 at 02:58:01 AM PST

    •  Yes, and CAN (0+ / 0-)

      mandates its signatories to take affirmative actions, as the text points out, against acts of torture or cruel treatment, and to have laws that shall be enforced against violations.

      The new administration has a decision to make: Are laws tissue paper, or not? Are treaties just convenient lies?

      War is the statesman's game, the priest's delight, The lawyer's jest, the hired assassin's trade Invictus

      by Valtin on Mon Jan 26, 2009 at 08:28:31 AM PST

      [ Parent ]

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