"November 2015"--Table of contents page. Includes bibliographical references.
Contents:
II. Bringing Criminal Prosecutions in the US: Methodology -- Key Recommendations: Evidence of Torture: Conduct Beyond What Was Authorized: To Foreign Governments -- I. Background: Short History of the CIA Program -- The CIA Program: What Was Known before the Senate Summary: The US Military's Approval and Use of Torture and Other Ill-Treatment -- Justice Department Inquiry into CIA Torture -- New Details in the Senate Summary -- US Response to the Senate Summary -- II. Bringing Criminal Prosecutions in the US: Substance of Potential Charges -- Torture and Conspiracy to Torture -- Legal Standards: Intent Required to Prove Torture -- Elements of Conspiracy -- Evidence of Conspiracy to Torture: Generating Legal Cover for Torture -- Defining "Humane Treatment" -- Reauthorization of the Torture Program -- Evidence against Other Officials in Connection with the Conspiracy -- OLC Memos as Evidence of Conspiracy and Intent to Torture -- Evidence of Torture: Conduct Beyond What Was Authorized: Guarantee of Non-Repetition, Satisfaction, and the Right to Truth -- "Rectal Rehydration" and Other Sexual Abuse -- Other Unauthorized Techniques: Libyan Survivors' Accounts of Abuse in CIA Custody -- Individuals Involved in "Unauthorized" Techniques -- Other Criminal Charges: Assault -- Sexual Abuse -- Murder and Manslaughter -- War Crimes -- Defenses: Statutes of Limitations: Capital Offenses -- Offenses Leading to Serious Risk of Bodily Injury or Risk of Death -- Sexual Abuse -- Special Case of Conspiracy: "Good Faith" Reliance on Counsel -- III. Repairing the Harm and Ending Torture: Obligation to Provide Redress, Compensation, and Rehabilitation: Harms from Arbitrary Detention, Torture, and Ill-Treatment -- US Failure to Comply with International Legal Obligations: Failure to Provide Compensation -- US Obstruction of a Right to a Remedy -- State Secrets Privilege -- Legislation, Other Measures: Guarantee of Non-Repetition, Satisfaction, and the Right to Truth -- Recommendations: Italy -- -- Germany: 2004 Complaint -- 2006 Complaint -- 2014 Complaint -- Khaled El-Masri Case -- France: Guantanamo Detainees Case -- Rumsfeld Case -- Spain: "The Bush Six" -- Guantanamo Detainees Case -- CIA Flight Investigations -- Switzerland -- Canada -- Investigations Focused on European Complicity: Poland -- Lithuania -- Romania -- Macedonia -- United Kingdom -- British Criminal Investigations -- Scottish Criminal Investigation: Portugal -- Potential Investigation by the International Criminal Court -- Recommendations: To the US President -- To the Department of Justice -- To the US Congress -- To Countries that Provided Support to the CIA Rendition Program -- To All Foreign Governments -- To Specific National Authorities in the Following Countries: France -- Germany -- Italy -- To the Office of the Prosecutor of the International Criminal Court -- Portugal -- Spain -- United Kingdom -- To the European Parliament, the Parliamentary Assembly of the Council of Europe, and UN Experts and Bodies -- To the Office of the Prosecutor of the International Criminal Court -- Acknowledgments.
Summary:
"It is now well established that following the attacks on the United States on September 11, 2001, the US Central Intelligence Agency (CIA) operated a global, state-sanctioned program in which it abducted scores of people throughout the world, held them in secret detention--sometimes for years--or "rendered" them to various countries, and tortured or otherwise ill-treated them. While the program officially ended in 2009, the cover-up of these crimes appears to be ongoing"--Summary.
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