Interrogation of Detainees: Overview of the McCain Amendment

Garcia, Michael John

Library of Congress. Congressional Research Service.

关键词: Civil liberties;    Torture;    Detention of persons - Law and legislation;    International affairs;    Criminal justice;   

RP-ID  :  RS22312
RP-ID  :  RS22312_2006Jan24

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report discusses the recentcontroversy that 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. Convention AgainstTorture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment(CAT). Congress recently approved additional guidelines concerning the treatment ofdetainees. The Department of Defense, Emergency Supplemental Appropriations toAddress Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163) containidentical provisions that (1) require Department of Defense (DOD) personnel to employUnited States Army Field Manual guidelines while interrogating detainees, and (2)prohibit the “cruel, inhuman and degrading treatment or punishment of persons underthe detention, custody, or control of the United States Government.” These provisions,added to the defense appropriations and authorization bills via amendments introducedby Senator John McCain, have popularly been referred to as “the McCain amendment.”This report discusses the McCain amendment, as modified and subsequently enactedinto law.