As used in this chapter—
(1) “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;
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality;
Waterboarding is not torture, which is the conclusion the Bush Justice Department came to. There is no severe physical pain nor is there any actual threat of death or severe physical pain. It's very uncomfortable and definitely plays mind games, but it's not torture.
What happened at Abu Graib was not torture either. The misconduct at Abu Graib was abuse and humiliation of prisoners which was prohibited by Army regulations in existence at the time which is why the Army was already investigating when the story broke.
“Title 18, United States Code § 2340. Definitions”
- - — re “torture” ...
Thanks very much for this information. There is much too much loose and careless chatter about “torture” in the mass media. Even Greta S. evidently has not taken the time to learn the legal definition of torture and its specifications.