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Апрель 28, 2008 on 5:25 pm | In Uncategorized |DoJ: Exceptions to Geneva protections
the geneva conventions’ prohibition on “outrages against personal dignity” does not automatically apply to terrorism suspects in the custody of u.s. intelligence agencies, the objectiveness office has suggested to congress in recent letters that lay out the bush administration’s analysis of the oecumenical treaty.
Lawyers for the department, offering insight into the legal basis for the CIA’s controversial interrogation program, reasserted in the letters the Bush administration’s long-held view that it has considerable leeway in deciding how the conventions’ rules apply to the harsh questioning of combatants in the war on terrorism.
While the United States is legally bound by the conventions’ Common Article 3 and its requirement to treat detainees humanely, the definition of humane treatment can vary, depending on the detainee’s identity and the importance of the information he possesses, a Justice Department official wrote last September and this March to a Democrat on the Senate intelligence committee.
“Some prohibitions ââ¾ such as the prohibition on ‘outrages against personal dignity,’ do invite the consideration of the circumstances surrounding the action,” Brian A. Benczkowski, the principal deputy assistant attorney general, asserted in one of the letters.
Benczkowski’s letters were provided to The Washington Post by Sen. Ron Wyden (D-Ore.), who asked the Justice Department to explain the legal foundation for President Bush’s executive order last year authorizing the CIA’s continued interrogation of terrorism suspects. The existence of the letters was first reported last night by the New York Times.
A spokeswoman for Wyden said the administration’s suggestion that the Geneva Conventions could be selectively applied was “stunning.”
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