From: "Gary Britt" 

Yes I did, and that is a different matter entirely.  That proviso was to
make sure that the CAT couldn't be used to try and argue no death penalty
in USA or no other common forms of punishment in USA, etc.  That proviso
says CAT doesn't supercede the USA constitution and anything legal under
the USA constitution (like the death penalty) is not made illegal by CAT.

There is another note that specifically says CAT doesn't apply accept to
the extent it is made applicable by legislation enacted by Congress.

Gary


"Phil Payne"  wrote in
message news:439866d8{at}w3.nls.net...
> "Gary Britt"  wrote in message
> news:43986270{at}w3.nls.net...
> > I have, and it also says that CAT doesn't apply to the USA except to the
> > extent Congress passes enabling legislation.
>
> Did you miss Note 11:
>
> "11. On 3 June 1994, the Secretary-General received a communication from
the
> Government of the United States of America requesting, in compliance with
a
> condition set forth by the Senate of the United States of America, in
giving
> advice and consent to the ratification of the Convention, and in
> contemplation of the deposit of an instrument of ratification of the
> Convention by the Government of the United States of America, that a
> notification should be made to all present and prospective ratifying
Parties
> to the Convention to the effect that:
>
> "... nothing in this Convention requires or authorizes legislation, or
other
> action, by the United States of America prohibited by the Constitution of
> the United States as interpreted by the United States."
>
> --
>   Phil Payne
>   http://www.isham-research.co.uk
>   +44 7833 654 800
>
>

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