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Constitutional Limits on Coercive Interrogation$
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Amos N. Guiora

Print publication date: 2008

Print ISBN-13: 9780195340310

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195340310.001.0001

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(p.105) CHAPTER 7 Torture
Constitutional Limits on Coercive Interrogation

Amos N. Guiora

Oxford University Press

Defining limits of coercive interrogation is put to the test when an interrogator is sitting across from someone who is not cooperating and the interrogator knows is in possession of information purported to be urgent. It is exactly at that moment that the previously established lawful limits of interrogation must be implemented, no matter the circumstance. Otherwise, excess will be permitted, encouraged, and will inevitably occur. This chapter is divided into three subsections: 1) definitions of torture; 2) an analysis of interrogation methods based on an Israeli High Court of Justice holding, Ireland v. United Kingdom, and a 1984 Israeli Commission of Inquiry; and 3) an analysis of functional torture and sadistic torture.

Keywords:   functional torture, sadistic torture, Ireland v United Kingdom, limits of interrogation, Israeli High Court of Justice, 1984 Israeli Commission of Inquiry, Public Committee Against Torture in Israel v State of Israel and General Security Service, Convention Against Torture, Geneva Conventions, Bybee memo

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