Repeal the Military Commissions Act (Torture Law)

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Fact Sheets

Torturelaw.org / Torture Law / Fact Sheets /

Sexually assault detainees
The Military Commissions Act makes sexual torture a legal US interrogation method. Forcing a detainee to dance naked, while urinating on her, does not constitute sexual assault under the Torture Law. Forced oral sex does not constitute rape under the Torture Law. The law even goes so far as to redefine sexual consent.
[fact sheet]

Introduce evidence acquired by torture
Under the Torture Law, admission of coerced evidence is left up to the Judge's discretion. The Military Commissions Act defines coercion to exclude all manner of treatment, including "cuts" and "bruises" as well as anything before the passage of the 2005 Detainee Treatment Act.
[fact sheet]

Dissapear non-US Citizens indefinitely
The President or the Pentagon can declare anyone in the world, other than US Citizens an "illegal enemy combatant" and imprison her without ever charging her with a crime. Indefinitely. She has no ability to challenge her detention.
[fact sheet]

Conduct unfair and arbitrary trials
Military Commissions allow confessions after torture to be considered and bars the suspect from even having knowledge of the charges against her - making a defense virtually impossible
[fact sheet]

Deny Geneva Conventions protections
In a quest for a prison system without laws on torture, the Military Commissions Act states that "No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories."
[fact sheet]

Kill anyone they determine to be guilty
The deeply flawed trials created under the Military Commissions Act, complete with evidence acquired through torture, can potentially never be fixed. Anyone the Military Officer serving as judge declares guilty can be sentenced to death.
[fact sheet]

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