Interrogation of Detainees: Overview of the McCain Amendment

Garcia, Michael John

Library of Congress. Congressional Research Service.

关键词: Criminal justice;    Human rights;    Terrorists;    Prisoners';    rights;   

RP-ID  :  RL33655
RP-ID  :  RL33655_2006Sep25

美国|英语

来源: UNT Digital Library

【 摘 要 】

Controversy has arisen regarding U.S. treatment of enemy combatants andterrorist suspects detained in Iraq, Afghanistan, and other locations, and whether suchtreatment complies with U.S. statutes and treaties such as the U.N. ConventionAgainst Torture and Other Forms of Cruel and Inhuman or Degrading Treatment orPunishment (CAT) and the 1949 Geneva Conventions. Congress approvedadditional guidelines concerning the treatment of detainees via the DetaineeTreatment Act (DTA), which was enacted pursuant to both the Department ofDefense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulfof Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the NationalDefense Authorization Act for FY2006 (P.L. 109-163). Among other things, theDTA 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 ofpersons 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 discussesthe McCain Amendment, as modified and subsequently enacted into law.