(Court opinion corrected 4/28/16.) Petitioners allege they were tortured by persons who previously served under supervision of Jon Burge Acts of torture (and interrogation for 30 and 33 hours, followed by confession) occurred after Jon Burge had been fired by Chicago Police Department in 1993. Language of Torture Act, as to definition of "claims of torture", is ambiguous as it is susceptible to 2 reasonable interpretations. In prior written Order and proposed legislation, Torture Inquiry and Relief Commission (TIRC), which was created pursuant to Torture Act, expressed its opinion that "claims of torture" includes those similar to Petitioners' claims, where alleged torture occurred at hands of officers previously under Burge's supervision, and thus fell within TIRC's jurisdiction and were reviewable by TIRC. Court defers to TIRC's interpretation, as TIRC is administrative agency charged with administration of Torture Act. (ELLIS and COBBS, concurring.)
Illinois Appellate Court
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Administrative Law