Interrogation of Detainees: Requirements of the Detainee Treatment Act

U.S. treatment of enemy combatants and terrorist suspects captured in Afghanistan, Iraq, and other locations has been a subject of long-standing debate, including whether such treatment complies with U.S. statutes and treaties such as the 1949 Geneva Conventions and the Convention Against Torture CAT. In response to this controversy, Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act DTA, which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 P.L. 109-148, Title X, and the National Defense Authorization Act for FY2006 P.L. 109-163, Title XIV. Among other things, the DTA contains provisions that 1 require Department of Defense DoD personnel to employ United States Army Field Manual guidelines while interrogating detainees, and 2 prohibit the cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government. These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the McCain Amendment. This report discusses provisions of the DTA concerning standards for the interrogation and treatment of detainees.