NOTE: STATE SECRETS ARE A PRIVILEGE, NOT A RIGHT: CAN FOREIGN VICTIMS OF EXTRAORDINARY RENDITION AND TORTURE OVERCOME THE STATE SECRETS PRIVILEGE USING THE ALIEN TORT STATUTE? Skip over navigation
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Copyright (c) 2010 Suffolk Journal of Trial & Appellate Advocacy 
Suffolk Journal of Trial & Appellate Advocacy

NOTE: STATE SECRETS ARE A PRIVILEGE, NOT A RIGHT: CAN FOREIGN VICTIMS OF EXTRAORDINARY RENDITION AND TORTURE OVERCOME THE STATE SECRETS PRIVILEGE USING THE ALIEN TORT STATUTE?

2011

Suffolk Journal of Trial and Appellate Advocacy

16 Suffolk J. Trial & App. Adv. 118

Author

Andrew Kingman

Excerpt



I. INTRODUCTION
 
Torture: Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

United Nations Convention Against Torture, Article 1.1

I continue to believe that brutal methods of interrogation are inconsistent with our values, undermine the rule of law, and are not effective means of obtaining information. They alienate the United States from the world, and serve as a recruitment and propaganda tool for terrorists. They increase the will of our enemies to fight against us, and endanger our troops when they are captured. The United States will not use or support these methods.

President Barack Obama on the International Day in Support of

Victims of Torture, June 26, 2010

At the time of his abduction, Binyam Mohamed was a twenty-eight-year-old Ethiopian citizen and legal resident of the United Kingdom. 1 United States officials arrested him in Pakistan ...
 
 
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