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What Practices Constitute Torture? US and UN Standards
- Human Rights Quarterly
- Johns Hopkins University Press
- Volume 28, Number 4, November 2006
- pp. 809-841
- 10.1353/hrq.2006.0050
- Article
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This article is a response to the attempts of the US government to redefine torture in a highly restrictive sense and at the same time distinguishing it from other forms of cruel inhuman or degrading treatment (CIDT). To this end, the author undertakes a short analysis of the understanding of the concept of torture and CIDT by the present US Government and asks whether this interpretation corresponds to the definition of torture in Article 1, Convention against Torture (CAT). An analysis of the techniques authorized by US Secretary of Defense Donald Rumsfeld for the interrogation of Guantanamo detainees is also carried out in light of applicable UN standards and international case law.