WHEREAS the National Association of Criminal Defense Lawyers (NACDL) is committed to ideals of justice, fairness, and human rights within the criminal legal system;
WHEREAS this Resolution focuses singularly on the pressing issue of carceral torture, without further comment on the systemic inequities and foundational flaws underlying the current criminal legal system, which is documented as inherently violent, unjust, and rooted in structural oppression;
WHEREAS torture is widely understood and herein defined as the intentional infliction of physical or mental pain or suffering, including but not limited to sustained and intentional infliction of physical pain, sexual abuse, forced medical intervention, isolation, emotional manipulation, terror, extended exposure to extreme temperatures, restriction of sufficient nutrition and medical aid, and failure to prevent prisoner-on-prisoner violence;
WHEREAS torture and cruel, inhumane, or degrading treatment is prohibited by law in the United States, pursuant to treaties signed and ratified by the United States, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT), as well as by the Eighth Amendment to the United States Constitution, which prohibits the infliction of cruel and unusual punishment (U.S. Const. amend. VIII);
WHEREAS the use of torture or cruel, inhumane, or degrading treatment is universally denounced and prohibited under various international laws and global norms, as described in such fundamental international declarations and treaties as the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the Geneva Conventions and their Additional Protocols, the Universal Declaration of Human Rights (UDHR), the American Convention on Human Rights, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, the Declaration on the Elimination of Violence against Women, the Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the European Convention on Human Rights, the African Charter on Human and Peoples’ Rights, the Inter-American Convention to Prevent and Punish Torture, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Hague Regulations Respecting the Laws and Customs of War on Land, and the Rome Statute of the International Criminal Court;
WHEREAS carceral torture has been occurring daily within the United States and has been a well-known feature of this country’s carceral system since its inception;
WHEREAS instances of torture or inhumane treatment within carceral institutions undermine the integrity of the criminal legal system and violate the fundamental rights of individuals;
WHEREAS NACDL acknowledges the disparate use of carceral torture and inhumane treatment against people of color and other marginalized groups;
WHEREAS the physical and psychological harm caused by torture or inhumane treatment can cause severe long-lasting or permanent damage to individuals, their families, and communities;
WHEREAS it is the duty of legal professionals, including criminal defense lawyers, to advocate for the protection of human rights and the prevention of carceral torture and inhumane treatment;
WHEREAS binding international law and global norms prohibiting torture evince the illegality and obsolescence of the current carceral system within the United States, marked as it is by the widespread use of isolation, acquiescence to prisoner-on-prisoner violence, insufficient nutrition, substandard medical attention, extended exposure to extreme temperatures and other forms of torture, such that enforcement of basic standards of human rights for those in custody, in line with binding authority as well as international norms, is long overdue;
BE IT RESOLVED that NACDL condemns all forms of carceral torture, including but not limited to the infliction of physical or mental pain or suffering, sexual abuse, forced medical intervention without due process, solitary confinement, failure to prevent prisoner-on-prisoner violence, exposure to extreme temperatures or other conditions that foreseeably induce extreme stress or physical harm, and denial of adequate nutrition and medical care.
BE IT FURTHER RESOLVED that NACDL calls for all carceral facilities to provide humane living conditions, including but not limited to adhering to humane space standards that prevent overcrowding, maintaining noise levels within acceptable limits to avoid extreme mental suffering, maintaining indoor temperatures within a humane range, providing nutritious meals, and ensuring sleeping conditions that do not cause foreseeable physical harm or extreme discomfort.
BE IT FURTHER RESOLVED that NACDL urges lawmakers, law enforcement agencies, correctional institutions, and detention facilities to strictly adhere to international human rights standards and domestic laws prohibiting torture and inhumane treatment.
BE IT FURTHER RESOLVED that NACDL urges Congress to enact legislation that explicitly prohibits carceral torture and inhumane treatment of any person deprived of their liberty against their will by any U.S. governmental entity or its agents, including but not limited to persons held in federal and state correctional institutions and detention facilities.
BE IT FURTHER RESOLVED that NACDL calls for increased transparency, oversight, and the employment of accountability mechanisms to prevent and address instances of torture and inhumane treatment within the criminal legal system, including but not limited to annual reporting by federal, state, and local governments and comprehensive training for federal, state, and local law enforcement officials, prison staff, healthcare professionals, and other relevant personnel on the prohibition of carceral torture and the promotion of human rights.
BE IT FURTHER RESOLVED that NACDL calls for the promotion of more humane and rehabilitative approaches within the criminal legal system, emphasizing the use of alternative sentencing measures and restorative justice practices to prevent instances of carceral torture.
BE IT FURTHER RESOLVED that NACDL encourages its members to advocate for the rights of individuals subjected to carceral torture or inhumane treatment.
BE IT FURTHER RESOLVED that NACDL calls upon and urges collaboration with other organizations, stakeholders, and policymakers to emphasize the need to address the root causes and systemic issues contributing to carceral torture, including cruel, inhumane, or degrading treatment in all detention settings, and to promote a legal system that respects the dignity and rights of all individuals.
NACDL envisions and works toward a justice system that prioritizes restoration, healing, and community care, wherein all individuals receive fair, rational, and humane treatment.
This resolution is adopted by the National Association of Criminal Defense Lawyers on November 2, 2024, and shall guide the organization’s advocacy efforts in combating carceral torture and promoting human rights within the criminal legal system.
