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The Importance Of Torture In Haiti

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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
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