Friday, June 10, 2011

Don't deport woman where she might be tortured, says torture memos' author

Via Volokh, we see Jay Bybee's voting to reverse the deportation of a Jordanian woman who feared death by "honor killing" if sent to Jordan.

No doubt the existence of the Convention Against Torture gave quite a start to Judge Bybee. Who knew?

“Acquiescence of a public official requires that the public official, prior to the
activity constituting torture, have awareness of such activity and thereafter breach
his or her legal responsibility to intervene to prevent such activity.”
-- 8 C.F.R. 1208.18(a)(1).

“It is enough that public officials could have inferred the alleged torture was taking place, remained willfully blind to it, or simply stood by because
of their inability or unwillingness to oppose it."
-- Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1060 (9th Cir. 2006)


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