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To: dblshot
all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay

I don't consider waterboarding to be torture, mistreatment or abuse. Have they ever been specifically and legally defined as such? If so, by whom? If not, case closed.

9 posted on 12/18/2007 9:33:21 AM PST by NurdlyPeon (Thompson / Hunter in 2008)
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To: NurdlyPeon

“Have they ever been specifically and legally defined as such? If so, by whom?”

Unfortunately, there is a strong case to be made that Waterboarding is “torture,” as per 18 U.S.C. 2340, which defines “torture,” for the purposes of U.S. law, to include the infliction of severe mental pain or suffering. It defines “severe mental pain or suffering” to include mental harm caused by or resulting from, among other things, the threat of imminent death.

Since waterboarding, to the extent that it is effective, is effective precisely because it inflicts a threat of imminent death, it is arguably torture under this definition, and, as such, would be prohibited under 18 U.S.C. 2341, which prohibits any U.S. persons from engaging in the activity described, regardless of where such activity occurs.


15 posted on 12/18/2007 9:48:32 AM PST by Conscience of a Conservative
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To: NurdlyPeon
If not, case closed.

Exactly.

19 posted on 12/18/2007 9:57:06 AM PST by sam_paine (X .................................)
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To: NurdlyPeon

Well, the United States did convict a Japanese officer as a war criminal for engaging in the practice.

Times change, don’t they?


53 posted on 12/18/2007 5:10:40 PM PST by Bosh Flimshaw
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