Prove it.
Simply stated, if it would violate the 8th to do it to an American, it violates the treaty to do it to a foreign citizen. EOS. If you don't like it, get the law changed. But, based on recent doings in the Senate, methinks you don't have the votes. Seems most folks still cling to the idea that we must hold ourselves to a higher standard. Sad that you want us to behave like the Egyptians or something.