18 U.S.C. 2340-2340A - “Torture”
“Torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;…”
August 1, 2002 “Bybee Memo”
“We will consider physical pain and mental pain separately.” (p. 9)
“With respect to physical pain, we previously concluded that “severe pain” within the meaning of Section 2340 is pain that is difficult for the individual to endure and is of an intensity akin to the pain accompanying serious physical injury.,” (pp. 9-10)
As we explained in the Section 2340A Memorandum, “pain and suffering” as used in Section 2340 is best understood as a single concept, not distinct concepts of “pain” as distinguished from “suffering” (p. 11)
“The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view inflict “severe pain or suffering.” Even if one were to parse the statute …”