Title 42, The Public Health and WelfareRelease 119-73not60

§2000dd–0 Additional Prohibition on Cruel, Inhuman, or Degrading Treatment or Punishment

Title 42 › Chapter 21D— DETAINEE TREATMENT › § 2000dd–0

Last updated Apr 5, 2026|Official source

Summary

The United States government must not subject anyone it holds or controls to cruel, inhuman, or degrading treatment or punishment. That protection covers people of any nationality and applies no matter where they are held. Those words mean the cruel, unusual, and inhumane treatment barred by the Fifth, Eighth, and Fourteenth Amendments and described in the U.S. statements to the U.N. Convention Against Torture (New York, December 10, 1984). The President must take steps to make sure the government follows this rule, including creating rules and procedures.

Full Legal Text

Title 42, §2000dd–0

The Public Health and Welfare, Source: USLM XML via OLRC

(1)No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.
(2)In this section, the term “cruel, inhuman, or degrading treatment or punishment” means cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.
(3)The President shall take action to ensure compliance with this section, including through the establishment of administrative rules and procedures.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Military Commissions Act of 2006, and not as part of the Detainee Treatment Act of 2005 which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000dd–0

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60