text: Legal Considerations
  Treatment Act of 2005, DODD 3115.09, FM 2-22.3, and other specific standards that guide U.S. forces
  working with detainees.
  DETAINEE TREATMENT ACT OF 2005
  13-40. U.S. law prohibits U.S. forces, including officials from other government agencies, from using
  certain methods to obtain information. In response to documented instances of detainee abuse, to include
  maltreatment involving interrogation, Congress passed, and the President signed into law, the Detainee
  Treatment Act of 2005. (See table 13-1 for an extract of the Detainee Treatment Act of 2005.)
  Table 13-1. Extract of the Detainee Treatment Act of 2005
  Section 1002: Uniform Standards for the Interrogation of Persons Under the Detention of
  the Department of Defense
  (a) In General.—No person in the custody or under the effective control of the Department of
  Defense or under detention in a Department of Defense facility shall be subject to any
  treatment or technique of interrogation not authorized by and listed in the United States Army
  Field Manuel on Intelligence Interrogation [FM 2-22.3].
  (b) Applicability—Subsection (a) shall not apply with respect to any person in the custody or
  under the effective control of the Department of Defense pursuant to a criminal law or
  immigration law of the United States.
  (c) Construction.—Nothing in this section shall be construed to affect the rights under the
  United States Constitution of any person in the custody or under the physical jurisdiction of the
  United States.
  Section 1003: Prohibition on Cruel, Inhuman, or Degrading Treatment or Punishment of
  Persons Under Custody or Control of the United States Government
  (a) In General—No individual in 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.
  (b) Construction—Nothing in this section shall be construed to impose any geographical limitation on
  the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under
  this section.
  (c) Limitation on Supersedure.—The provision of this section shall not be superseded, except by a
  provision of law enacted after the date of the enactment of this Act which specifically repeals, modifies,
  or supersedes the provisions of this section.
  (d) Cruel, Inhuman, or Degrading Treatment or Punishment defined.—In this section, the term “cruel,
  inhuman, or degrading treatment or punishment” means the 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.
  INTERROGATION FIELD MANUAL
  13-41. The Detainee Treatment Act established FM 2-22.3 as the legal standard for interrogations. U.S.
  forces may not use any interrogation technique other than those prescribed by FM 2-22.3. Commanders
  ensure that interrogators receive proper training and supervision. Executive Order 13491 extends this
  requirement to all U.S. government agencies.
  STANDARDS FOR DETENTION AND INTERNMENT
  13-42. Regardless of the precise legal status of those persons captured, detained, or otherwise held in
  custody by U.S. forces, they must receive humane treatment until properly released to host-nation
  authorities, who then assume legal responsibility. They must be provided the minimum protections of
  Common Article 3 to the Geneva Conventions. Specially trained, organized, and equipped military police
  units in adequately designed and resourced facilities should accomplish prolonged detention. Such