NATIONAL LAWYERS GUILD CALLS FOR APPOINTMENT OF SPECIAL INDEPENDENT COUNSEL TO INVESTIGATE BUSH TORTURE POLICIES
In February 2005, the Justice Department issued a secret
opinion endorsing the harshest interrogation techniques the CIA has ever used,
according to an October 4, 2007 report in the New York Times.
opinion endorsing the harshest interrogation techniques the CIA has ever used,
according to an October 4, 2007 report in the New York Times.
The National Lawyers Guild calls for the appointment of a
special prosecutor to investigate the Bush administration's authorization of
aggressive interrogation techniques, including simulated drowning known as water
boarding, exposing detainees to frigid temperatures, and head-slapping. While
the Bush administration on Friday asserted that it did not approve torture
techniques, and refused to make public classified Justice Department legal
opinions, the New York Times reported that two secret Justice Department
opinions in 2005 explicitly permitted the use of painful physical and
psychological techniques. The authorized techniques amount to torture, and
are unlawful in all circumstances, even in time of war. The Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides:
"No exceptional circumstances whatsoever, whether a state of war or a threat of
war, internal political in stability or any other public emergency, may be
invoked as a justification of torture." The Torture Convention is a treaty
ratified by the United States and therefore part of U.S. law under the Supremacy
Clause of the Constitution.
special prosecutor to investigate the Bush administration's authorization of
aggressive interrogation techniques, including simulated drowning known as water
boarding, exposing detainees to frigid temperatures, and head-slapping. While
the Bush administration on Friday asserted that it did not approve torture
techniques, and refused to make public classified Justice Department legal
opinions, the New York Times reported that two secret Justice Department
opinions in 2005 explicitly permitted the use of painful physical and
psychological techniques. The authorized techniques amount to torture, and
are unlawful in all circumstances, even in time of war. The Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides:
"No exceptional circumstances whatsoever, whether a state of war or a threat of
war, internal political in stability or any other public emergency, may be
invoked as a justification of torture." The Torture Convention is a treaty
ratified by the United States and therefore part of U.S. law under the Supremacy
Clause of the Constitution.
Torture is a war crime. Those who commit or order torture
can be convicted under the U.S. War Crimes Statute. Techniques that don't
rise to the level of torture but constitute cruel, inhuman or degrading
treatment or punishment also violate U.S. law. Congress should provide for the
appointment of a special independent counsel to fully investigate and prosecute
all who are complicit in the torture and mistreatment of prisoners in U.S.
custody.
can be convicted under the U.S. War Crimes Statute. Techniques that don't
rise to the level of torture but constitute cruel, inhuman or degrading
treatment or punishment also violate U.S. law. Congress should provide for the
appointment of a special independent counsel to fully investigate and prosecute
all who are complicit in the torture and mistreatment of prisoners in U.S.
custody.
Founded in 1937 as an alternative to the American Bar
Association which did not admit people of color, the National Lawyers Guild is
the oldest and largest public interest/human rights bar organization in the
United States. Its headquarters are in New York and it has chapters in every
state.
Association which did not admit people of color, the National Lawyers Guild is
the oldest and largest public interest/human rights bar organization in the
United States. Its headquarters are in New York and it has chapters in every
state.