US revises definition of torture

Published January 1, 2005

WASHINGTON, Dec 31: The US Justice Department has revised its definition of acts that constitute torture, repudiating an earlier definition that human rights activists say led to the abuse of prisoners in Iraq , Afghanistan and Guantanamo Bay.

In a statement issued on Thursday, the department declared: "Torture is abhorrent both to American law and values and international norms." The statement also cancelled a previous definition that said only "organ failure, impairment of bodily function, or even death" constitute torture punishable by law.

The new memo quotes acting Assistant Attorney General Daniel Levin as saying that torture may consist of acts that fall short of provoking excruciating and agonizing pain and thus may include mere physical suffering or lasting mental anguish.

Human rights groups interpreted the new definition as an endorsement of their view that those who conduct harmful interrogations cannot be exempted from prosecution, as they were under the previous US definition of torture.

The first memo, drafted in August 2002 by White House counsel and President Bush's nominee for attorney general Alberto R. Gonzales, was criticized by human rights lawyers and experts around the world.

The critics charged that the first memo laid out a very narrow view of what behaviour might constitute torture and was crafted to help interrogators at the CIA evade prosecution.

The earlier definition, the critics said, created the context for a record of persistent ill treatment by that CIA and the US military of detainees at prisons in Iraq, Afghanistan, Cuba's Guantanamo Bay and other locations.

One of the most controversial provisions of the earlier memorandum was an assertion that the president's executive powers were sufficient to permit tolerance of torturous acts in extraordinary circumstances.

Groups such as the International Committee of the Red Cross had rejected this assertion saying that the prohibition on torture, embodied in a global convention signed by the United States, has no exceptions.

The new memo pointedly side steps this issue, stating that the "consideration of the bounds of any such authority would be inconsistent with the president's unequivocal directive that United States personnel not engage in torture."

The memo, which states that it "supersedes the August 2002 memorandum in its entirety," also drops an attempt in the earlier version to rule that harmful acts not specifically intended to cause severe pain and suffering might be legal, and to define "specific intent."

Opinion

Editorial

Doctor attacked
09 Jun, 2026

Doctor attacked

AN act of reprehensible violence has shaken the medical community. On Saturday, an employee of the Provincial Civil...
AJK flare-up
Updated 09 Jun, 2026

AJK flare-up

The situation started deteriorating after a trader affiliated with the JAAC was reportedly shot in an altercation with law-enforcers.
Fault lines
09 Jun, 2026

Fault lines

THE April 8 ceasefire that halted hostilities between Israel and Iran has encountered its most serious test yet....
Soft on traders
08 Jun, 2026

Soft on traders

THE Fixed Tax Asaan Scheme for traders with an annual turnover of up to Rs200m has been designed as a ‘pragmatic...
Ceasefire in name
Updated 08 Jun, 2026

Ceasefire in name

Both sides accuse the other of violating the truce that was supposed to halt the conflict in April, yet neither appears willing to abandon negotiations altogether.
Damaged childhoods
08 Jun, 2026

Damaged childhoods

CHILD abuse is so prevalent that the UN ranked Pakistan as the least safe country for children. Even so, more than...