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Is the threat of torture illegal, even if physical torture doesn't occur? See the answer here

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Becky72 Donating Member (457 posts) Send PM | Profile | Ignore Sat Aug-22-09 09:26 AM
Original message
Is the threat of torture illegal, even if physical torture doesn't occur? See the answer here
Edited on Sat Aug-22-09 09:31 AM by Becky72
Washington Post today: CIA interrogators used a handgun and an electric drill to try to frighten a captured al-Qaeda commander into giving up information, according to a long-concealed agency report due to be made public next week, former and current U.S. officials who have read the document said Friday.

The tactics -- which one official described Friday as a threatened execution


What the law says (TITLE 18 > PART I > CHAPTER 113C > § 2340):


(1) “torture” means 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;

(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—

(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

(3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-22-09 09:30 AM
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1. As a person who was involved in SERE training I would say yes
That is torture.
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ThomWV Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-22-09 09:31 AM
Response to Original message
2. When you hold a drill up to a guy's head that's torture if you drill a hole or not.
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