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DOS Memo: The McCain Amendment and U.S. Obligations under Article 16 of the Convention Against Torture

Feb. 15, 2006 | DOS | ACLU-RDI 5000

A State Department memo addressing whether Article 16 of the Convention Against Torture applies to the CIA's interrogations in foreign countries. The State Department determined that the prohibitions against torture do apply, despite its initial conclusion made in May 2005. The memo states that the "situation has now changed" and that "several of these techniques, singly or in combination, should be considered 'cruel, inhuman, or degrading treatment or punishment' within the meaning of Article 16."

[Memo released Apr. 3, 2012 by the State Department in response to a FOIA request by the National Security Archive]