In the debate about the debate, I would like to know where specifically a loophole or codification of cruel, inhuman treatment or torture is allowed under the proposed bill.
I ask this because our arguments will only be as sound as the facts that back them up. So I want us to do the exercise to point specifically to here and how this bill will allow "torture" or cruel and inhumane treatment of detainees going forward, and/or how it will retroactively codify torture or cruel and inhumane treatment of detainees previous to this.
The rest below the fold
From my understanding, the
Military Commissions Act of 2006 which is what we are discussing and which is currently the issue before the Senate states this:
SUBCHAPTER VII--PUNITIVE MATTERS
Sec. 950ss. Cruel or inhuman treatment
(a) Offense- Any person subject to this chapter who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions), including serious physical abuse, upon another within his custody or control shall be punished, if death results to the victim, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to the victim, by such punishment, other than death, as a military commission under this chapter may direct.
(b) Definitions- In this section:
(1) The term `severe mental pain or suffering' has the meaning given that term in section 2340(2) of title 18.
(2) The term `serious physical pain or suffering' means bodily injury that involves--
(A) a substantial risk of death;
(B) extreme physical pain;
(C) a burn or physical disfigurement of a serious nature (other than cuts, abrasions, or bruises); or
(D) significant loss or impairment of the function of a bodily member, organ, or mental faculty.
(3) The term `serious mental pain or suffering' has the meaning given the term `severe mental pain or suffering' in section 2340(2) of title 18, except that--
(A) the term `serious' shall replace the term `severe' where it appears; and
(B) as to conduct occurring after the date of the enactment of the Military Commission Act of 2006, the term `serious and non-transitory mental harm (which need not be prolonged)' shall replace the term `prolonged mental harm' where it appears.
Now that last part reads to me where the issue of the possible loophole that this legislation outlawing cruel and inhumane treatment of detainees might be there, but am I write in that reading, and where in this bill will it make cruel, inhumane treatment or torture legal going forward?
Do I have the wrong bill?
Am I looking at or missing part which is substantive?
If not, where does cruel, inhumane treatment or torture get a thumbs up in this legislation?