According to Dershowitz, the rights of a torture subject would be better protected were there to be a legal procedure for torture, such as a torture warrant.

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Dershowitz has argued that if there were a legal procedure in place for torture, such as a torture warrant, it would provide a framework that could offer better protection for the rights of a torture subject, as opposed to unregulated or secret torture practices. This controversial stance is based on the premise that if torture is going to occur, regulating it could provide safeguards against abuse.

According to Dershowitz, the Rights of a Torture Subject Would