To: JBTFD who wrote (81062 ) 5/31/2007 11:14:20 AM From: one_less Read Replies (1) | Respond to Hi Mark,or to conspire to commit torture. It doesn't matter if it was done within one of our facilities either. Now if there have been such crimes and no charges have been filed, I am at a loss for an explanation. How do you explain it? Section 2340A provides that "Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life." Section 2340(1) defines "torture" as "an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." Congress enacted sections 2340-2340A to carry out the United States' obligations under the CAT. See H.R. Conf. Rep. No. 103-482, at 229 (1994). The CAT, among other things, obligates state parties to take effective measures to prevent acts of torture in any territory under their jurisdiction, and requires the United States, as a state party, to ensure that acts of torture, along with attempts and complicity to commit such acts, are crimes under U.S. law. See CAT arts. 2, 4-5. Sections 2340-2340A satisfy that requirement with respect to acts committed outside the United States. Conduct constituting "torture" occurring within the United States was--and remains--prohibited by various other federal and state criminal statutes that we do not discuss here.
