SubscribeTorture is prohibited by law throughout the United States....Every act constituting torture under the Convention constitutes a criminal offense under the law of the United States. No official of the government, federal, state or local, civilian or military, is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form. No exceptional circumstances may be invoked as a justification of torture. U.S. law contains no provision permitting otherwise prohibited acts of torture or other cruel, inhuman or degrading treatment or punishment to be employed on grounds of exigent circumstances (for example, during a "state of public emergency") or on orders from a superior officer or public authority, and the protective mechanisms of an independent judiciary are not subject to suspension.Note: offer may not include Guantanamo Bay.
Certain acts may be cruel, inhuman, or degrading, but still not produce pain and suffering of the requisite intensity to fall within a proscription against torture.In June 2003, President Bush issued a statement saying, "The United States is committed to the world-wide elimination of torture and we are leading this fight by example."
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Physical pain amounting to torture muhst be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.
Stealthy torture is more characteristic of democracies for here public monitoring – though often uneven – is far higher, and the demand for covert violence correspondingly greater. The logic of this dynamic, of the incentives and disincentives created by the tensions between authority and civic power, is certainly thoughtprovoking in itself. But I go farther, arguing that, historically, civic power and violence by stealth have an unnerving affinity. Many common tortures today either originated in democracies or achieved their most characteristic form in that context.
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posted by Optimus Chyme at 9:00 AM on October 18, 2005