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Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine 'black sites' using torture techniques. This report is the most comprehensive account yet assembled of the human rights abuses associated with secret detention and extraordinary rendition operations. It details for the first time the number of known victims, and lists the foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, this report makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration's "war on terror." Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids. This collection gives readers an unfiltered look at the tactics approved for use in the CIA's secret overseas prisons—including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding—and at the incredible arguments advanced to give them a green light. Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration's interrogation policies. Renowned legal scholar David Cole's introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation's top lawyers contorted the law to conform to the CIA's abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law.
"Published with the support of Austrian Science Fund (FWF): PUB 644-G."
Recommendations -- Background: official sanction for crimes against detainees -- Torture of detainees in US counterterrorism operations -- Individual criminal responsibility -- Appendix: foreign state proceedings regarding US detainee mistreatment -- Acknowledgments and methodology.
This book reframes the historical, legal and moral discourse on the question of whether torture can be justified in exceptional circumstances.
Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.
Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Due to the growing impact of China on world affairs how Chinese history has affected its current development in the field of human rights and law is generating great interest in the Western world. The result of a decade-long study of rights thinking in both China and the Western world, this book offers a comprehensive examination of the theories and practice of rights in the context of Chinese culture and social development. From the perspective of civil philosophy, the author discusses the problems of culture, morality, society and politics in modern China. The book also provides a unique contribution to an assessment of the impact of Western philosophical thought on contemporary Chinese rights and political thinking. This unique volume deals with both history and today, China and the West, in the field of rights thinking and practice.