USA v. Roy M. Belfast, Jr. - Court of Appeals - 11th Circuit

a long-evolving international consensus against torture committed by official
actors. The CAT was adopted by the United Nations General Assembly on
December 10, 1984. The preamble to the CAT recognizes the obligation of
nations, under the U.N. Charter, to “promote universal respect for, and observance
of, human rights and fundamental freedoms.” See CAT, pmbl. The preamble thus
announced the treaty’s broad purpose of “mak[ing] more effective the struggle
against torture and other cruel, inhuman or degrading treatment or punishment
throughout the world.” Id.
President Reagan signed the Convention Against Torture on April 18, 1988,
and approximately one month later, the CAT was transmitted to the Senate for its
advice and consent, along with seventeen reservations, understandings, and
declarations. See Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, S. Exec. Rep. 101-30, at 7 (1990). In
January 1990, President George H.W. Bush submitted a revised list of such
conditions. See id. at 7-11. Of particular relevance here, the United States
expressed its understanding that “in order to constitute torture, an act must be
specifically intended to inflict severe physical or mental pain or suffering.” See id.
at 9, 36. The Senate adopted a resolution of advice and consent to ratification of
the CAT on October 27, 1990, subject to several conditions, including the one just
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