2. The U.S. Immigration Detention Systems Systemically Subjects Migrants to Treatment that may Constitute Torture and Other Ill-Treatment
Torture and other cruel, inhuman, and degrading treatment is absolutely prohibited under international law. While the Convention against Torture is the primary convention concerned with the eradication of torture, the prohibition against torture is also found in numerous other international treaties. The highly ratified ICCPR states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The prohibition on torture and other ill-treatment is also found in customary international law. As a State party to the Convention against Torture, the ICCPR and other relevant treaties, the U.S. is legally obligated to root out torture and CIDT in all of its systems. For an act to amount to torture, there must be (1) severe pain or suffering, whether physical or mental; (2) intentionality; (3) specific purpose; and (4) official capacity.
Despite U.S. international legal obligations to prevent torture and other ill-treatment, the U.S. immigration detention system is replete with violations of these obligations.
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