Why is the cold used as torture?
The "Cold" is used as torture because it causes severe pain yet leaves no bruise or blood evidence or scars. It causes horrific pain and results in the most painful death man can endure. The problem is it kills.
8/18/16 - A federal judge released highly embarrassing pictures of immigrants being tortured in a hypothermic cold cell by the Border Patrol
A federal judge released highly embarrassing pictures of immigrants being tortured in a hypothermic cold cell by the Border Patrol,
after lying about it for two years. Outside in Arizona it is 100 degrees but inside the cells are super chilled to
sub-hypothermic levels leaving vicitms wrapped in emergency blankets just to keep from being murdered in the cold.
See LA Times article here.
6/16/16 - Torturegate: The Great American Hypothermic Torture Massacre and Cover Up
Hypothermic torture/homicide is coming to an end in the United States due to my lawsuit; ending my ten year effort in the courts to stop the bloodshed.
A summary of the torture and its demise is detailed in an Op Ed article I wrote for the New York Times but they did not publish:
Torturegate: The Great American Hypothermic Torture Massacre and Cover Up.
6/6/16 - The US Supreme Court brings an end to cold cell torture, ending TortureGate
On the day the Supreme Court denied my petition, denying me justice, I ended up winning what I was suing for, the end of hypothermic torture/homicide in the United States. No longer with protections from the higher courts, cold cell torture is coming to a swift end.
The eight remaining justice sent out the clarion call to no longer dismiss torture cases. Hours later a federal judge in Seattle did not dismiss a lawsuit from three CIA torture victims, one who died of hypothermia and represented by his family.
In what shocked not just the legal community, but Internationally, the first signs of accountability allowed the ACLU case Salim et al v. Mitchell et al (2:15-cv-00286-JLQ) to roll into discovery, something never allowed before.
Then South Carolina settled an 11-year class action lawsuit from prison inmates protesting the hypothermic conditions inflicted upon the mentally ill, and those they killed.
On 6/15/2016 the CIA finally released a trove of documents detailing their brutal torture methods such never before seen on any scale.
The ACLU calls them evidence of war crimes. Read an interview
with the ACLU lawyer. And see CNN article here.
On 7/12/2016 the State of New York sued a jail medical provider over three inmate deaths, one tortured to death with hypothermia in a cold cell.
See article here.
It seems the floodgates have opened as more and more fallout from my lawsuit is unfolding in the news almost daily.
4/15/16 - US Supreme Court 'DENIED' my petition today. There will be no justice for me, but I sure hope for others.
Today the US Supreme Court denied my petition (15-983) asking if citizens being tortured to death was a violation of the Constitution.
3/18/16 - US Supreme Court voted to postpone my vote until April 15th
On March 18th the US Supreme Court voted to not vote on my petition, instead rescheduled for April 15, 2016. It seems they need more time.
2/24/16 - US Supreme Court set to vote on March 18th
The eight remaining justices at the US Supreme Court will vote on my petition to outlaw hypothermic torture/murder in a conference vote on March 18th.
1/21/16 - Submitted petition to the US Supreme Court
After twelve years on a long and difficult road the journey is a success.
US Supreme Court Petition: PetitionBardesAuldSupremeCourt_2_2_2016.pdf.
US District Court Complaint - Bardes v. Auld (1:15-cv-214-MR-DLH) BardesvAULD.pdf
US District Court post-judicial motion to reverse: MotiontoReconsider.pdf
US 4th Cir. Court of Appeals: AppealFinal.pdf
1/19/16 - US Fourth Circuit Court of Appeals sends me off to the Supreme Court
Today the US Fourth Circuit Court of Appeals denied my appeal finding "no errors" in the lower court.
This gives me what I had hoped, being able to petition the Supreme Court with my Constitutional question. A second time.
11/19/15 - US Fourth Circuit Court of Appeals has my appeal
The US Fourth Circuit Court of Appeals in Richmond, Virginia, received and docketed my appeal.
The lawsuit is now in their hands.
A copy of the Appeal: AppealFinal.pdf.
10/9/15 - Found another hypothermic death
Reported on September 25, 2015, yet another inmate died of hypothermic torture, this time in Michigan.
Inmate David Stojcevski was stripped naked and locked in a mental health cold cell, and his slow death was videotaped. The date of death was June 27, 2014.
David was jailed for unpaid tickets, and paid for it with his life.
10/6/15 - Received an order dismissing my lawsuit
I received a four page order dismissing my lawsuit because federal Judge Martin Reidinger finds it legally frivolous, with no need for application of law.
See Judge Martin Reidinger's order: dismiss.pdf.
See my motion to reverse in response: Motion.
9/29/15 - I filed my federal lawsuit last week
My ten page lawsuit, Bardes v. Auld (1:15-cv-214-MR-DLH) US Courts Western Distrct of North Carolina, is here: BardesvAULD.pdf.
8/14/15 - Jeb Bush won't rule out bringing back hypothermic homicide and hypothermic torture
In 2006 Jeb! Bush as governor of Florida tortured to death one of his inmates with hypothermia in the Miami/Dade jail, see Miami/Dade Page.
Questioned in Iowa on the issue of reauthorizing his brother's use of hypothermic torture and hypothermic homicide, Jeb Bush replied, "I'm not ruling anything in or out…"
See See CNN article here.
7/28/15 - Durham, NC Jail - It is 90 degrees outside, but frigid inside the jail
With an outside temperature of 100 degrees, Sheriff Michael Andrews has the air conditioner cranked up in his jail to hypothermic levels. Amplify Voices, the jail's watchdog group, reports a letter from an inmate, "Everything is going pretty bad in here. It's very cold temperatures in this jail, mostly in the cell. But I ask the officers can they turn up the heat, but it never get done. We have to put on all of our clothes just to stay warm."
See Amplify Voices Inmate Letter.
Update 8/9/15 - another inmate letter tells of the punishment for those trying to commit suicide, they are stripped naked and locked in a hypothermic cell, the letter reads, "And the best they do for that is take your clothes, put you in an empty cell with no mat freezing cold." See this inmate letter here:
7/13/15 - APA and the start of their torture doctors being held accountable
The three top executives of the American Psychological Association (APA) are forced out over the fallout from a 566 page report on their member's orchestration of enhanced torture techniques that included cold cell, ice baths, and ice showers that resulted in deaths. Their members coordinated the torture with the DoD, the CIA, George Bush, Dick Cheney, and Donald Rumsfeld. This is the first and only accounting so far and hopefully may lead to criminal charges against Bush, Cheney, and Rumsfeld.
See Guardian article here and torture report here.
1/11/15 - South Carolina pays $1.2 million to family of cold cell victim tortured to death with hypothermia
This is a landmark case for cold cell victims; it appears the flood gates have opened.
See AP Article or Greenville News article.
1/1/15 - Durham, NC - Fifty protestors marched and banged drums around the Durham Jail last night to protest the hypothermic conditions and lack of edible food.
Kudos to the protestors! Story developing, see the protestor's website: amplifyvoices.com,
or read the article from our local Fox affiliate: http://myfox8.com/2015/01/01/prisoners-protest-held-in-downtown-durham/.
12/9/14 - The Marshall Project of NYC published, “It’s Not the Heat:
Prison inmates are dying of cold. Why?.
12/9/14 - The US Senate Report on CIA Torture was released this morning.
As expected the report goes into detail about the cold cell hypothermic torture and homicide of Gul Rahman, an innocent Muslim kid, in 2002. Induced hypothermia, ice baths, and cold ice water showers rounds out the most widely used EIT. See the CIA Page.
My senator, Richard "Dick" Burr, is on the record calling the report "fiction."
11/11/14 - Found three more cold cell deaths, and five juveniles tortured in cold cells.
The deaths were in Pompano Beach, Florida, Buffalo, New York, and California. The Juvenile's are in Lancaster, Ohio.
10/30/14 - Paul Faust tortured in cold cell until he plead guilty to a crime he did not commit
I want to thank Paul Faust for contacting me with his story. In 2006 Paul was falsely accused of a crime and locked in a Louisville, Kentucky jail solitary confinement cold cell until he plead guilty just to stop from being murdered in the cold.
See the Paul Faust Story.
9/4/14 - The "Conditions of Confinement Act" website is up
Here: CoCact.com or ConditionsOfConfinement.com.
7/11/14 - Chaos at our border reveals the CBP [Customs & Border Protection] is torturing the immigrants, women and children, with cold cell torture
See the Border Patrol Page.
4/9/14 - Found another hypothermia inmate death
See Lee Correctional Prison inmate Jerome Laudman's hypothermic death page.
7/19/13 - California State's Pelican Bay Prison employed hypothermic punishment
See the Reuters article at the Pelican Bay Prison Page.
PAGE LAST UPDATE: 8/20/2016, 10:10pm EST
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