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" Physical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death. "
Nomination of Hon. Michael Chertoff: Hearing Before the Committee on ... - Pagina 89
de United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs - 2005 - 334 pagini
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Torture: A Collection

Sanford Levinson - 2004 - 328 pagini
...the OLC, for example, only acts "of an extreme nature" could "rise to the level of torture Physical pain amounting to torture must be equivalent in intensity...failure, impairment of bodily function, or even death." Anything less than this, according to then-OLC head (and now federal judge) Jay Bybee, appears to be...
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United States Support of Human Rights and Democracy: Hearing Before the ...

United States. Congress. House. Committee on International Relations. Subcommittee on International Terrorism, Nonproliferation, and Human Rights - 2004 - 86 pagini
...that the Justice Department decided that torture requires the infliction of pain so severe that it is "equivalent in intensity to the pain accompanying...failure, impairment of bodily function or even death." This definition, which flies in the face of US military doctrine and international law, would permit...
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Open Letters to George W. Bush: Letters to W from His Ardent Admirer ...

Case Wagenvoord - 2005 - 197 pagini
...memo to Alberto R. Gonzales, all that hurts is not torture. The memo emphatically states, "Physical pain amounting to torture must be equivalent in intensity...failure, impairment of bodily function, or even death." Let's take the Gonzales test. Get a ball-peen hammer. Put the first joint of your forefinger on a hard...
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Yearbook of International Humanitarian Law - 2002, Volumul 5;Volumul 2002

Horst Fischer, Avril McDonald - 2011 - 1046 pagini
...constitute torture as defined in Section 2340, it must inflict pain that is difficult to endure. Physical pain amounting to torture must be equivalent in intensity...failure, impairment of bodily function, or even death. For purely mental pain or suffering to amount to torture under Section 2340, it must result in significant...
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Reauthorization of the USA Patriot Act (continued): Hearing Before the ...

United States. Congress. House. Committee on the Judiciary - 2005 - 1308 pagini
...their extreme nature and in the type of harm caused to violate law." The memo asserted that "physical pain amounting to torture must be equivalent in intensity...failure, impairment of bodily function, or even death." The memo also suggested that Mtp:/A«ww. hrw.org/englifih/docs/2u04/05/24/usirrt8614 Mm The view is...
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Growing Up Red: Outing Red America from the Inside

Tim Schilke - 2005 - 294 pagini
...Post—inflicting moderate or fleeting pain does not necessarily constitute torture. Torture, the memo says, "must be equivalent in intensity to the pain accompanying...failure, impairment of bodily function, or even death." "And by the way, there's a reason—I'll conclude by saying— there's a reason why we sign these treaties:...
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Nomination of Hon. Michael Chertoff: Hearing Before the Committee on ...

United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs - 2005 - 354 pagini
...memorandum defined what constitutes prohibited torture very narrowly, including the claim that, "physical pain amounting to torture must be equivalent in intensity...injury, such as organ failure, impairment of bodily functions, or even death." Judge Chertoff has acknowledged that he was consulted on how he, as chief...
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America's Disappeared: Secret Imprisonment, Detainees, and the War on Terror

Rachel Meeropol - 2004 - 252 pagini
...torture. Under a federal law that criminalizes torture, the Torture Act, Bybee claimed that an act "must be equivalent in intensity to the pain accompanying...failure, impairment of bodily function or even death," before falling within the act s definition of torture. Not only does such a narrow definition redefine...
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The Torture Papers: The Road to Abu Ghraib

Karen J. Greenberg, Joshua L. Dratel - 2005 - 1306 pagini
...torture,” Assistant Attorney General Jay S. Bybee advised the Counsel to the President, Alberto Gonzales, “must be equivalent in intensity to the pain accompanying...failure, impairment of bodily function or even death.” xin That was Bybee's construction of the federal law against torture, to which the United States is...
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The New Imperial Presidency: Renewing Presidential Power After Watergate

Andrew Rudalevige - 2005 - 382 pagini
...17, 2004), Ai; Jehl, "US Action." 30. More precisely, torture referred to acts that inflicted pain "equivalent in intensity to the pain accompanying...failure, impairment of bodily function, or even death." But inflicting such pain was not illegal unless done with "the specific intent to inflict severe pain"—"even...
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