Title 42, The Public Health and WelfareRelease 119-110

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

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

Last updated Sep 22, 2026|Official source

Summary

No one in U.S. custody or under U.S. physical control—anywhere and regardless of nationality—may be subjected to cruel, inhuman, or degrading treatment or punishment. The President must make sure this rule is followed, including by creating administrative rules and procedures. Those words mean cruel, unusual, and inhumane treatment as barred by the Fifth, Eighth, and Fourteenth Amendments and as defined in U.S. reservations to the U.N. Convention Against Torture (Dec. 10, 1984).

Full Legal Text

Title 42, §2000dd–0

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

(1)In general
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)Cruel, inhuman, or degrading treatment or punishment defined
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)Compliance
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

Sep 22, 2026

Release point: 119-110