Jay Bybee's memo providing legal groundwork for "enhanced interrogation techniques."

Date
May 5, 2021
Type
Government Document
Source
Jay Bybee
LDS
Hearsay
Direct
Reference

Jay Bybee, Memo, https://nsarchive2.gwu.edu//NSAEBB/NSAEBB127/02.08.01.pdf, 46, accessed April 5, 2021

Scribe/Publisher
N/A
People
Jay Bybee, John Yoo
Audience
Reading Public
Transcription

For the foregoing reasons, we conclude that torture as defined in and proscribed by Sections 2340-2340A, covers only extreme acts. Severe pain is generally of the kind difficult for the victim to endure. Where the pain is physical, it must be of an intensity akin to that which accompanies serious physical injury such as death or organ failure. Severe mental pain requires suffering not just at the moment of infliction but it also requires lasting psychological harm, such as seen in mental disorders like posttraumatic stress disorder. Additionally, such severe mental pain can arise only from the predicate acts listed in Section 2340. Because the acts inflicting torture are extreme, there is significant range of acts that though they might constitute cruel, inhuman, or degrading treatment or punishment fail to rise to the level of torture.

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