Interrogation of Detainees: Overview of the McCain Amendment

Garcia, Michael J.

Library of Congress. Congressional Research Service.

关键词: Civil liberties;    Torture;    International affairs;    Criminal justice;   

RP-ID  :  RL33655
RP-ID  :  RL33655_2006Sep20

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report discusses the Detainee Treatment Act (DTA), which contains provisions that (1) require Department of Defense (DOD) personnelto employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld.