Professional Documents
Culture Documents
Torture
The American Court
System
U.S. Alien Tort Claims Act, l789
The district courts shall have original
jurisdiction of any civil action by an
alien to a tort only, committed in
violation of the law of nations or a
treaty of the United States.
--origins in constitutional provisions for a judicial branch
-- lay dormant for nearly 190 years
Torture Victim Protection Act,
1992 (U.S. law)
Provides federal jurisdiction and a
cause for action for victims of torture
(United States citizens and aliens
alike), regardless of where
committed or the citizenship of
victims or perpetrators
U.N.Convention Against Torture
and other Cruel, Inhuman and Degrading
Punishment, 1984
[torture is]any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or a third
person information or a confession, punishing him for an
act hehas (allegedly)committedor intimidating or
coercing himwhen such pain in inflicted by or at the
instigation ofa public official or person acting in an
official capacity.
Each state party shall take effectivemeasurement to
prevent acts of torture in any territory under its
jurisdiction.
Torture Convention (cont.)
-- no exceptional circumstances whatsoever, whether a state
of war or internal instability or any other public emergency,
may be invoked as a justification of torture.