To: Lou Weed who wrote (244674 ) 10/11/2007 11:26:55 AM From: one_less Read Replies (1) | Respond to of 281500 ".....wonder why the mainstream liberal media is not all over this?!?!?" The liberal media? How about Congress? Torture and complicity in the commission of torture is a crime in the USA. Charges should be brought against anyone suspected of violating that law where there is any valid and substantial evidence. "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. "Article 4 1.Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2.Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. Article 5 1.Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases: >When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State; >When the alleged offender is a national of that State; >When the victim was a national of that State if that State considers it appropriate. 2.Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in Paragraph 1 of this article. 3.This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law. hrweb.org LEGAL STANDARDS APPLICABLE UNDER 18 U.S.C. §§ 2340-2340A US Dept of Justice "The Criminal Division of the Department of Justice has reviewed this memorandum and concurs in the analysis set forth below. I. Section 2340A provides that "[w]hoever 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." (9) 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." (10) ================= 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.