On July 14, 2004, in unclassified written testimony before the House Permanent Select Committee on Intelligence, an Associate Deputy Attorney General explained the Department of Justice’s understanding of the substantive constitutional standards embodied in the Senate reservation to Article 16 of the Convention Against Torture. The official’s written testimony stated that under Supreme Court precedent, the substantive due process component of the Fifth Amendment protects against treatment that “shocks the conscience.” In addition, his testimony stated that under Supreme Court precedent, the Eighth Amendment protection against Cruel and Unusual Punishment has no application to the treatment of detainees where there has been no formal adjudication of guilt.
Source: NARRATIVE DESCRIBING THE DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL’S OPINIONS ON THE CIA’S DETENTION AND INTERROGATION PROGRAM. SENATOR JOHN D. ROCKEFELLER IV. APRIL 22, 2009.