Pierre, a Haitian citizen was sentenced for attempted murder of his ex-girlfriend in her home, however he was interrupted by a neighbour and drank a container of battery acid as a failed suicide attempt, which as a result he suffers from a condition called Oesophageal Dysphagia that requires him to be fed through a feeding tube. Following his 10 year minimum sentence, it was decided to deport Pierre back to Haiti for being convicted of an “aggravated felony.” In Haiti, criminal deportees from other countries are instantly detained and evidently held under miserable conditions such as lack of basic hygiene, poor health care, overcrowding and contamination that are outlined in the country’s report. Under these circumstances, Pierre filed for …show more content…
In Pierre v. Attorney General, the Department of Justice found that according to the CAT in the U.S, “in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or …show more content…
An act that results in unanticipated or unintended severity of pain and suffering is not torture.” Furthermore, according to the Torture Convention re-interpreted by the U.S, Pierre would need to prove that by sending him back to Haiti, he is “more likely than not” to face torture. The court denied Pierre’s appeal on the grounds that Pierre cannot prove that the Haitian authorities “specifically intend” to cause him severe pain or suffering, rather “the conditions prevalent in the Haitian prison are due to Haiti’s economic and social ills.” It can be argued that Pierre’s knowledge that pain and suffering will occur in detention due to the known conditions in the Haitian prison may be enough to find a general intent for torture, however it is not enough to constitute as a specific intent and therefore, Pierre is not qualified for relief under the CAT in the U.S. This case is a good example of how the U.S has been able to act in contrast to the original standards of the CAT, however due to the RUD’s that were attached at the time of ratification, cannot be deemed illegal in federal
There are some that do not constitute the United States ' treatment of the prisoners at Abu Ghraib and Guantanamo as torture because there were different definitions of the word. According to the Third Geneva Convention, torture is defined as "acts of violence" and "any act by which severe pain or suffering, whether physical or mental is intentionally inflicted." After the September 11, 2001 attack, the United States changed its definition of torture to "physical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death." To be regarded as torture, the act "must cause some lasting, though not necessarily permanent damage." Some disregard these acts as simply cruel treatment and do
In An Unbroken Agony, author Randall Robinson chronicles the history of Haiti from tragedy to triumph. Robinson, a social activist , founder and former president of TransAfrica, an organization of African Americans, that is used to promote constructive U.S policies toward Africa and the Caribbean. Randall Robinson is a distinguished scholar in residence at Penn State Law and Penn State’s School of International Affairs. He is co-producer, creator, and host of the public television human rights series World on Trial, which aims at bringing public awareness to important human rights issues and the international treaties that controls state conduct when dealing with human rights.
The Eighth Amendment of the United States Constitution says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The fundamental idea of torture is to inflict mental or physical pain onto a suspect to coerce them into revealing information we desire. This tactic is illegal because it violates the Constitution, and in addition, it violates international agreements that our nation has committed itself to. The general provisions of the Geneva Conference of 1949 prevent the use of torture in warfare; the document specifically outlaws “Outrages upon personal dignity, in particular humiliating or degrading treatment…” By violating these laws, particularly the Constitution, our nation
In contrast, some individuals may debate that torture and even some more minuscule forms of torture can be beneficial to obtaining the information needed. It is debated that torture has been used in a large portion of political systems in history, and that the “degree” of torture is a significant component when deciphering right vs. wrong. Moher argues that in a political system where torture is justifiable and legal, the torture used would be less extreme than what it is today (Moher, 2013). It is reasoned that different degrees of torture are more acceptable than others, in that some are less psychologically and physically harming. A
The most valued documents in modern American society tend also to be the most heavily debated. For instance, interpretations of the United States Constitution tend to be rooted in one of two firmly entrenched beliefs;while the first camp believes it to be set in stone, the second his convinced that the United States Constitution is by nature a perpetually evolving document, meant to reflect the desires and needs of the people. Even amongst those in the same camp, disagreements abound; those believing that the Constitution is set in stone are divided on issues such as the eighth amendment’s prohibition of ‘cruel and unusual punishment’. It is difficult to reach a consensus on what, constitutes cruel and unusual punishment. For example, the concept of waterboarding is championed by many as a ‘humane’ form of torture which causes no physical harm. However, it was deemed a cruel and unusual punishment due to the sensations of drowning and symptoms of mental illness which it produced in its victims. It can therefore be inferred that physical injury is not the only factor to be considered in whether or not a practice is to be deemed inhumane; factors such as mental wellbeing and fitness of punishment must also be considered. This leads one to ponder how the concept of solitary confinement could possibly even be considered when it so clearly violates the protections which the eighth amendment provides.
Torture is something that is known as wrong internationally. Torture is “deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting on the orders of authority, to force a person to yield information, to confess, or any other reason” (World Medical Association, 1975, pg.1). There is a general consensus that there is a right to be free from any kind of torture as it can be found in many different human rights treaties around the world. The treaties show that all of the thoughts about torture are pointing away from the right to torture someone no matter what the case
Every single person in America today grew up with the belief that torture is morally wrong. Popular culture, religious point of views, and every other form of culture for many decades has taught that it is a wrongdoing. But is torture really a wrong act to do? To examine the act of torture as either a means or an end we must inquire about whether torture is a means towards justice and therefore morally permissible to practice torture on certain occasions. “Three issues dominate the debates over the morality of torture: (1) Does torture work? (2) Is torture ever morally acceptable? And (3) What should be the state’s policy regarding the use of torture?” (Vaughn, 605). Torture “is the intentional inflicting of severe pain or suffering on people to punish or intimidate them or to extract information from them” (Vaughn, 604). The thought of torture can be a means of promoting justice by using both the Utilitarian view and the Aristotelian view. Using John Stuart Mills concept of utilitarianism, he focuses on the greatest happiness principle which helps us understand his perspective on torture and whether he believes it is acceptable to do so, and Aristotle uses the method of virtue of ethics to helps us better understand if he is for torture. The term torture shall be determined by exploring both philosophers’ definition of justice, what comprises a “just” act, what is considered “unjust”, and then determined if it would be accepted by, or condemned by either of these two
I have many solutions to these problems that are hurting the people in Haiti itself. If the solution I have plan does not work, I will not give up, I’m determined to help this country and anything can happen. Since countries such as America still want more products from Haiti to sell and to make money, they can always plan to invade Haiti to get more resources that will benefit them from the country. I certainly do hope that I can connect with some detective and police officers and armies that will gladly help train the police force in Haiti to get them to be more confident and more experienced in order to be able to protect their country and their people from any kind of danger. I know my solutions will be successful on helping the people
David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are
In 2002, the Office of Legal Counsel responded to the President’s request of exploring the question whether American officials have the right to use torture against suspected terrorists. Assistant Attorney General Jay S. Bybee of the Office of Legal Counsel not only legalized the use of torture for U.S. officials but also defined torture in the narrowest way. He defines torture as inflicting physical pain, or any serious physical injury such as failure of organs or at the most
In the United States legal system, torture is currently defined as “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.” as defined by Office of the Law Revision Counsel, U.S. House of Representatives (US Code, 1) Though this is a seemingly black and white definition, the conditional “…other than pain or suffering incidental to lawful sanctions…” have led many to question what precisely this entails. In other words, what are the lawful sanctions that permit such acts? Are they ethically right? Where is the line drawn as torture
Haiti has long been known for its major export of Haitian migrants in search of a better way of life. It is an exodus that goes back several decades, however with recent times the numbers have increased dramatically. In fact, that numbers of Haitians fleeing Haiti in the early 1990's far exceeds the numbers recorded in earlier years. Between 1972- 1979, some 8,000- 10,000 Haitians arrived in the United States. Compare this number with the 14,443 Haitians interdicted between September 30, 1991 - January 1, 1992. By early 1994, this number totaled over 41,000 (Report on the Situation of Human Rights in Haiti, 1994). Economic deprivation has always been the predominant influence for the migrating of Haitians, yet in the
In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states
Travelers should know there has been previous cases of kidnappings of U.S. citizens. Five cases were recorded in 2013 and one in 2014. There has been no specific target such as race, gender or age, but there have been kidnappings.
The notion of “authorization” as permitting the existence of torture is apparent in the fact that though an individual may “theoretically, . . . [have] a choice” to refrain from such activity, “given the situational context . . . the concept of choice is not even present”; disobedience to the dictates of authority means “punishment, disgrace, humiliation, expulsion, or even death” (196). Therefore, one is freed from moral unease by the fact that he may feel trapped and unable to act against his superiors, as retaliation would be imminent. In some instances, as was demonstrated by