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Detainee Treatment Act of 2005
| Pub. L. Section | Status | United States Code | United States Code |
| Title | Section | Authorizes | |
| 1004 | 42 | 2000dd-1 | |
| 8033 | 10 | 274 nt | |
| 8032 | 10 | 221 nt |
What is the Detainee Treatment Act of 2005?
The Detainee Treatment Act of 2005, (DTA) is an act of the American Congress passed in December 2005. The Act sets the Army’s standards for interrogation as the norm for all agencies within the Department of Defense and prohibits all other organizations, such as the CIA from utilizing “cruel, inhuman or degrading” punishment.
Did the Detainee Treatment Act cite the Army Field Manual on interrogation?
…revelations, Congress eventually passed the Detainee Treatment Act, which banned the “cruel, inhuman, or degrading” treatment of prisoners in U.S. military custody. Although the measure became law with Bush’s signature in December 2005, he added a “signing statement” in which he reserved the right to set aside the law’s restrictions…
Did the National Defense Authorization Act prohibit torture?
Prohibition on cruel, inhuman, or degrading treatment or punishment of persons under custody or control of the United States Government. § 2000dd–0.
What was the Bush administration’s treatment of Guantanamo detainees like?
The Detainee Treatment Act of 2005 (42USC2000dd) is an act passed by the United States Congress on December 31 2005, specifying explicit standards for the treatment of captives in United States military custody. Contrary to popular reports, it does not contain the words "war on terror" but is a general standard for military confinement.
When was the Detainee Treatment Act passed?
The Detainee Treatment Act of 2005, (DTA) is an act of the American Congress passed in December 2005.
When was the military penitentiary opened?
The military penitentiary was opened in January 2002. Its purpose was to keep detainees caught up in George W. Bush’s “war on terror.” The Bush administration deliberately placed it on an American naval base in Cuba where Bush’s lawyers said was past the arm of American law.
When did the Supreme Court rule that inmates had the benefit of requesting habeas corpus?
In 2008, the American Supreme Court determined that inmates had the benefit of requesting under habeas corpus when challenging their detentions. The Supreme Court also ruled that the Detainee Treatment Act of 2005 was flawed.
Did the Bush administration say the detainees were being held in “humane situations”?
The Bush administration claimed the detainees were being held in “humane situations.” Inside the initial two years , it was reported that the inmates were put through Abu Ghraib-style agony. A few dozen inmates tried to take commit suicide . The International Red Cross said it had seen the men’s mental health deteriorating.
Who wrote that Obama’s executive order stopping the torture should be set in legislation?
In her forward to that report, Feinstein wrote that Obama’s executive order stopping the torture should be set in legislation.
Who said the detainees represented the worst of the worst?
American Secretary of Defense Donald Rumsfeld claimed the detainees represented the “worst of the worst.” The individuals wearing orange jumpsuits, shackles and ear-muffs were driven to their knees as American officials verified that bonuses had been given. Among those wrongfully detained was Sami al-Haj, a Sudanese reporter who was caught on his initial job for Al Jazeera.
Did the Bush White House allow detainees to be heard?
Notwithstanding campaigns by activists and academics, the Bush White House insisted the detainees were not cleared to be heard by the standard American civilian courts or by military court martials. Standard protections provided by the Geneva Conventions were not honored either, and a fresh policy of legal military commission guidelines was established.
Which amendment prohibits the use of cruel, inhuman and degrading treatment by U.S. personnel anywhere in
... President Bush yesterday accepted Senator John McCain’s amendment banning the use of cruel, inhuman and degrading treatment by U.S. personnel anywhere in the world, and prohibiting U.S. military interrogators from using interrogation techniques not listed in the U.S. Army Field Manual on Intelligence Interrogation
What is the McCain Amendment?
The amendment affected the United States Senate Department of Defense Appropriations Act, 2006 (DOD Act); the amendment is commonly referred to as the Amendment on (1) the Army Field Manual and (2) Cruel, Inhumane, Degrading Treatment, amendment #1977 and also known as the McCain Amendment 1977. It became the Detainee Treatment Act of 2005 (DTA) as Division A, Title X of the DOD Act. The amendment prohibits inhumane treatment of prisoners, including prisoners at Guantanamo Bay, by confining interrogations to the techniques in FM 34-52 Intelligence Interrogation. Also, section 1005 (e) of the DTA prohibits aliens detained in Guantanamo Bay from applying for a writ of habeas corpus. Certain portions of the amendment were enacted as 42 U.S.C. § 2000dd.
When was the Detainee Treatment Act passed?
Detainee Treatment Act of 2005, as included in the Department of Defense Appropriations Act, 2006 and agreed to by the US House and Senate and signed by President Bush, December 30, 2005 [incorporating the McCain Amendment and the Graham-Levin Amendment on detainees].
Who is the final review authority within the Department of Defense?
paragraph (1)(A) shall ensure that the official of the Department of Defense who is designated by the President or Secretary of Defense to be the final review authority within the Department of Defense with respect to decisions of any such tribunal or board (referred to as the `Designated Civilian Official') shall be a civilian officer of the Department of Defense holding an office to which appointments are required by law to be made by the President, by and with the advice and consent of the Senate.
Is the Department of Defense subject to interrogation?
of Defense or under detention in a Department of Defense facility shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Intelligence Interrogation.
Overview
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including:
Legislative details
The amendment affected the United States Senate Department of Defense Appropriations Act, 2006(DOD Act); the amendment is commonly referred to as the Amendment on (1) the Army Field Manual and (2) Cruel, Inhumane, Degrading Treatment, amendment #1977 and also known as the McCain Amendment 1977. It became the Detainee Treatment Act of 2005 (DTA) as Division A, Title X of the DOD Act. The amendment prohibits inhumane treatment of prisoners, including pri…
Signing statement by President Bush
President Bush signed the bill into law on December 30, 2005. In his signing statement, Bush said:
The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the Pr…
Criticism
The Act sets the Army's standards of interrogation as the standard for all agencies in the Department of Defense. It prohibits all other agencies of the U.S. government, such as the CIA, from subjecting any person in their custody to "cruel, inhuman, or degrading treatment or punishment." However, the Act does not provide detailed guidelines that spell out the meaning of that phrase. In an effort to provide clarification, Congress passed legislation in 2008 to similarly …
See also
• United Nations Convention Against Torture
• Ethical arguments regarding torture
• Ticking time bomb scenario
• Unlawful combatant
External links
• Bush, McCain and 'torture' - Robert J. Caldwell, The San Diego Union-Tribune - September 24, 2006
• Text of Amendment Archived 2008-11-27 at the Wayback Machine
• Senators who voted for and against the amendment