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Bombardment with bright lights, loud music and extreme temperatures and so on, have been spontaneous reactions to extreme ticking time bomb cases.
强光照射 嘈杂的音乐极端的温度等等都是对即将发生的爆炸做出的
Rather it is precisely because interrogators do not know whether they have their man that they are resorting to force.
即时反应 而是因为审问者并不确定他们手中有没有他们的人 所以才转向施加
They are gathering information, learning who belongs to what terror network, as well as generally punishing and intimidating suspect
暴力的 他们在收集信息 了解不同的人分属那些恐怖组织还有施加普遍的惩罚 威胁嫌疑人
precisely what is prohibited by the spontaneity principle, in the instance that the detainee is reasonably considered a suspect.
而这即时性原则所反对的即使被拘留者被合理地认为是嫌疑人 在这种情况下
In which case internment and interrogation in general would seem to be justified, the use of the aforementioned techniques would nonetheless
拘留和审问都可以被认为是公正的 但是实施上述行为会被认为违反了第三条原则
be prohibited by the third restriction that one must inflict minimal harm.
即施加最小程度的伤害实证研究 以及FBI审问者的记录都表明非强制性
Empirical studies, and the records of FBI interrogators, that show non-coercive techniques to be more effective than torture, become relevant here.
手段要比强制手段效果更加明显 如果一个审问者已经穷尽了所有的非强制性
If an interrogator exhausted all possible non-coercive methods with a suspect of whom it was known for certain that they possessed knowledge of an imminent plot to harm many innocents,
手段来审问一个被获知一定掌握着即将发生的可能伤害许多无辜生命的阴谋的嫌疑人还一无所获的话 真的发生了
the true ticking bomb case, the principle of spontaneity would only retro-actively provide a possible defence for an interrogator who lost control and used force on that suspect without prior authorisation.
计时炸弹爆炸 即时性原则只能在回溯中为审讯者未经允许使用暴力
According to Weintraub however, the principle of maintain a hard line against the premeditated
提供辩护在Weintraub看来 这个原则的执行
implementation into policy of such an exception the crime of the use of force would remain a crime for which an ex-post-defence would have to be made.
将会导致前期过度防御性的预设某人是罪犯的
The principle of minimal harm is clearly violated in addition by the attempts of the Justice Department office of legal council to classify cruel inhuman and degrading punishment treatment,
刑讯政策的制定最低伤害的原则也被违反了司法部门法律办公室做出的
excuse me, as a kind of torture-light that escapes being defined as torture.
对不人道行为的划分我们可以发现他将不人道行为作为轻度虐待
The administration thus seems to be trying to inflict as much harm as it can get away with, which is a far cry from inflicting the minimum possible,
而不是虐待这使得政府施加的虐待正好可以不受法律惩处
moreover since it is uncertain that the use of such techniques does not do more damage to US interests and lives in the long run then the refusal to use them,
这与最小程度伤害完全是两回事因为不确定对这种技巧的使用不会在长期内对美国利益和生命
through the acquisition of inaccurate information, the creation of widespread resentment of the US around the world,
造成损害那么拒绝使用它们 据不准确信息
the erosion of the image of our country as a moral nation, and the diminished expectations that all soldiers will be treated humanely if captured,
对美国政府的反感更加普遍美国作为一个有道德的国家的印象被破坏
The standard of minimal harm is violated again,
士兵如果被俘可能得到人道对待的期望破灭最小伤害的许可又被破坏了
