2011年3月24日星期四

MBT chapater explaining what the OLC

MBT chapater explaining what the OLC is ( Justice Department’s Office of Legal Counsel) and sketching the relationships between the various legal offices and lawyers in the FedGov, Froomkin sets up his argument:
The memo is about what limits on the use of force (“standards of permissible conduct”) for interrogations conducted “abroad” are found in the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment ( Torture Convention) “as implemented” by 18 UGG Sheepskin cuff bootsC §§ 2340-2340A (the Torture statute).
The memo concludes that the restrictions are very limited — that only acts inflicting and “specifically intended to inflict severe pain or suffering”, whether mental or physical, are prohibited. Allowed are severe mental pain not intended to have lasting effects (pity if they do…), and physical pain less than that which acompanies “serious physical injury such as death or organ failure” (p. 46). Having opined that some cruel, inhuman, or degrading acts are not forbidden, only those that are “extreme acts” (committed on purpose), the memo moves on to “examine defenses” that could be asserted to “negate any claims that certain interrogation methods violate the statute.”

没有评论:

发表评论