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Detainee Treatment Act of 2005 : ウィキペディア英語版
Detainee Treatment Act

The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was passed on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including:〔
(【引用サイトリンク】url=http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR02863:@@@D&summ2=m& )

*Prohibiting "cruel, inhuman, or degrading treatment or punishment" of any prisoner of the U.S. Government, including prisoners at Guantanamo Bay.
*Requiring military interrogations to be performed according to the U.S. Army Field Manual for Human Intelligence Collector Operations.
*Directing the Department of Defense to establish Combatant Status Review Tribunals (CSRTs) for persons held in Guantanamo Bay.
*Giving the Washington, D.C. Circuit Court of Appeals authority to review decisions of CSRTs.
*Requiring that habeas corpus appeals for aliens detained at Guantanamo be per the DTA, though offering no specific provisions for it.
*Giving immunity to government agents and military personnel from civil and criminal action for using interrogation techniques that "were officially authorized and determined to be lawful at the time they were conducted."
(詳細はUnited States Senate Department of Defense Appropriations Act, 2006 (DOD Act); the amendment is commonly referred to as the ''Amendment on (1) the Army Field Manual and (2) Cruel, Inhumane, Degrading Treatment, amendment #1977'' and also known as the ''McCain Amendment 1977''. It became the Detainee Treatment Act of 2005 (DTA) as Division A, Title X of the DOD Act.〔''See'' , div. A, tit. X, §§ 1001-1006, , 2739-44 (2005). Congress also enacted a nearly identical version of the DTA as a component of the National Defense Authorization Act for Fiscal Year 2006, ''see'' , div. A, tit. XIV, §§ 1401-1406, , 3474-80 (2006) -- an appropriations authorization act that the President signed into law on January 6, 2006 (a week after he signed the original DTA into law). The December 2005 and January 2006 versions of the DTA are generally identical except for certain provisions in the section relating to training of Iraqi security forces (section 1006 of the Dec. '05 DTA and section 1406 of the Jan. '06 DTA). As of 2009, there had been no litigation challenging the validity of either of the DTA statutes on these grounds.〕 The amendment prohibits inhumane treatment of prisoners, including prisoners at Guantanamo Bay, by confining interrogations to the techniques in FM 34-52 Intelligence Interrogation. Also, section 1005(e) of the DTA prohibits aliens detained in Guantanamo Bay from applying for a writ of habeas corpus.〔
''See'' n.3. Section 1405(e) of the Jan. '06 DTA purports to make changes to , the habeas corpus statute, that are nearly identical to those made by section 1005(e) of the Dec. '05 DTA. The current codified version of § 2241 states in a footnote that two subsection (e)s for the section have been enacted.
〕 Certain portions of the amendment were enacted as .
Amendment 1977 amended the passed by the United States House of Representatives. The amendment was introduced to the Senate by Senator John McCain (R-Arizona) on October 3, 2005 as (S.Amdt.1977 ).
The amendment was co-sponsored by a bi-partisan group of senators, including Lindsey Graham, Chuck Hagel, Gordon H. Smith, Susan M. Collins, Lamar Alexander, Richard Durbin, Carl Levin, John Warner, Lincoln Chafee, John E. Sununu, and Ken Salazar.
On October 5, 2005, the United States Senate voted 90-9 to support the amendment.〔

The Senators who voted against the amendment were Wayne Allard (R-CO), Christopher Bond (R-MO), Tom Coburn (R-OK), Thad Cochran (R-MS), John Cornyn (R-TX), James Inhofe (R-OK), Pat Roberts (R-KS), Jeff Sessions (R-AL), and Ted Stevens (R-AK).

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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