Det Udenrigspolitiske Nævn 2004-05 (1. samling)
Bilag 10
Offentligt
UNITED STATES OF AMERICAHuman Dignity Denied:Torture and Accountability in the 'war on terror' - Summary report(1)~~A report based on Amnesty International's 12-point Program for the Prevention of Torture byAgents of the State
Then [the guard] brought a box of food and he made me stand on it, and he started punishingme. Then a tall black soldier came and put electrical wires on my fingers and toes and on mypenis, and I had a bag over my head. Then he was saying 'which switch is on for electricity?'Iraqi detainee, Abu Ghraib prison, 16 January 2004(2)The image of New York's Twin Towers struck by hijacked airliners on 11 September 2001 hasbecome an icon of a crime against humanity. It is tragic that the response to the atrocities ofthat day has resulted in its own iconography of torture, cruelty and degradation. A photographof a naked young man captured in Afghanistan, blindfolded, handcuffed and shackled, andbound with duct tape to a stretcher. Pictures of hooded detainees strapped to the floor ofmilitary aircraft for transfer from Afghanistan to the other side of the world. Photographs ofcaged detainees in the United States (US) Naval Base in Cuba, kneeling before soldiers,shackled, handcuffed, masked and blindfolded. Television images of orange-clad shackleddetainees shuffling to interrogations, or being wheeled there on mobile stretchers. A hoodedIraqi detainee sitting on the sand, surrounded by barbed wire, clutching his four-year-oldson.(3) And the photos from Abu Ghraib – a detainee, hooded, balanced on a box, armsoutstretched, wires dangling from his hands with electric torture threatened; a naked mancowering in terror against the bars of a cell as soldiers threaten him with snarling dogs; andsoldiers smiling, apparently confident of their impunity, over detainees forced into sexuallyhumiliating poses. The United States of America (USA), and the world, will be haunted bythese and other images for years to come, icons of a government's failure to put human rightsat its heart.The struggle against torture and ill-treatment by agents of the state requires absolutecommitment and constant vigilance. It requires stringent adherence to safeguards. It demandsa policy of zero tolerance. The US government has manifestly failed in this regard. At best, itset the conditions for torture and cruel, inhuman or degrading treatment by loweringsafeguards and failing to respond adequately to allegations of abuse raised by AmnestyInternational and others from early in the "war on terror". At worst, it has authorizedinterrogation techniques which flouted the country's international obligation to reject tortureand ill-treatment under any circumstances and at all times.The US administration has said that it is "strongly committed" to working with non-governmental organizations "to improve compliance with international human rightsstandards."(4) President George W. Bush has recently said that the USA "support[s] the workof non-governmental organizations to end torture and assist the victims".(5) With this in mind,Amnesty International seeks to provide a framework in this report by which there can be a fullaccounting for any torture or cruel, inhuman or degrading treatment by US agents, and toprevent future violations of international law and standards.Part One(6) gives an overview, describing how the US administration has fallen into anhistorically familiar pattern of abuse to respond to the "new paradigm" it says has been set by
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the atrocities of 11 September 2001. The war mentality the government has adopted has notbeen matched with a commitment to the laws of war, and it has discarded fundamental humanrights principles along the way. While there are undoubtedly complex challenges and threats inthe current situation, the simple fact is that the USA has stepped onto a well-trodden path ofviolating basic rights in the name of national security or "military necessity".Throughout history, torture has often occurred against those considered as "the other", and asecond section of Part One traces the thread of dehumanization of detainees in US custodyfrom Afghanistan to Abu Ghraib. A third section in Part One outlines the unequivocal and non-derogable international legal prohibition on torture and cruel, inhuman and degradingtreatment. The final section stresses that respect for human rights is the route to security, asthe US government itself claims, not the obstacle to security, as appears to be theadministration's true belief if its detention and interrogation policies are the yardstick.Part Two is entitled Agenda for Action, and begins with a reiteration of Amnesty International'scall for a full commission of inquiry into all US "war on terror" detention and interrogationpractices and policies. While the organization welcomes the recent official investigations thathave taken place, it believes that a more comprehensive and genuinely independent inquiry isneeded to ensure full accountability and non-repetition of abuse. This commission of expertsmust have all the necessary powers to carry out such an investigation.The remainder of Part Two is structured around Amnesty International's12-point Program forthe Prevention of Torture by Agents of the State.The organization has been working againsttorture for more than three decades. In addition to its daily efforts against this most tenaciousand pervasive of human rights violations, it has conducted three worldwide campaigns for theabolition of torture, launched in 1972, 1984 and 2000. The 12-Point Program that forms thebasis of this report was adopted for the most recent of these campaigns and reflects AmnestyInternational's key findings on how best to prevent torture.Under each of the 12 Points, Amnesty International illustrates how the USA has failed to meetbasic human rights safeguards, thus opening the door to torture and ill-treatment. Detailedrecommendations are given under each Point, with the compilation of more than 60recommendations provided at the end of the report.Point 1 of the 12-Point Program is "Condemn Torture". In other words, the highest authoritiesof every country should demonstrate their total opposition to torture and other cruel, inhumanor degrading treatment or punishment. They should condemn torture and ill-treatmentunreservedly whenever they occur. They should make clear to all members of the police,military and other security forces that torture and ill-treatment will never be tolerated.The report recalls the US administration's repeated claims that it is committed to what it callsthe "non-negotiable demands of human dignity", and that it is leading the global struggleagainst torture. A government's condemnation of torture and other ill-treatment must meanwhat it says, however. The US administration's condemnation has been paper thin, as shownby the series of government memorandums that have come into the public domain since theAbu Ghraib scandal broke. These documents suggest that far from ensuring that the "war onterror" would be conducted without resort to human rights violations, the administration wasdiscussing ways in which its agents might avoid the international prohibition on torture andcruel, inhuman or degrading treatment. During this time, the government's voice was notable
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by its absence in the public debate in the USA since 11 September 2001 about whether tortureis ever an acceptable response to "terrorism". Such silence may also betray a less thanabsolute opposition to torture and ill-treatment.In June 2004, in one of several statements by senior United Nations (UN) officials respondingto the US "torture memos", Secretary General Kofi Annan emphasized the absolute prohibitionon torture and other cruel, inhuman or degrading treatment. He stressed that the prohibition isbinding on all states, "in all territories under their jurisdiction or control", and in times of waras well as peace. He added: "Nor is torture permissible when it is called something else.Euphemisms cannot be used to bypass legal obligations."(7)There is a tendency, not least amongst the US military, to euphemize aspects of war andviolence. Killed and maimed civilians become "collateral damage"; torture and cruel, inhumanor degrading treatment become "stress and duress" techniques; and "disappeared" prisonersbecome "ghost detainees". Euphemizing human rights violations threatens to promotetolerance of them. In similar vein, there has been a noticeable reluctance among seniormembers of the US administration to call what happened in Abu Ghraib torture, preferring theterm "abuse". Members of an administration that has discussed how to push the boundaries ofacceptable interrogation techniques and of how agents could avoid criminal liability for torturemight display a particular reticence to call torture by its name.This reticence, however, is also symptomatic of a tendency by the USA – notwithstanding itspivotal role in the adoption of the Universal Declaration of Human Rights and subsequentinternational human rights instruments – to reject for itself the standards it so often says itexpects of others. The human rights violations which the US government has been so reluctantto call torture when committed by its own agents are annually described as such by the StateDepartment when they occur in other countries. While the State Department reports arepositive contributions to the global struggle for human rights, double standards have greatlyundermined the credibility of the USA's global discourse on human rights.The USA's "war on terror" policies show that the prohibition against torture and ill-treatment isnot "non-negotiable" as far as the administration is concerned. This is what must change. If agovernment genuinely opposes torture and ill-treatment, it must act accordingly. From thissimple proposition, all 11 other points of the12-point Program for the Prevention of Torture byAgents of the Statefollow.Impunity allows torture and ill-treatment to thrive. All allegations must be thoroughlyinvestigated, including all deaths in custody (Point 6). Perpetrators of such human rightsviolations must be brought to justice, preferably in ordinary civilian courts rather than militarytribunals as an emerging international consensus now recognizes (Point 7). At the same time,the necessary safeguards must be put and kept in place to prevent any recurrence of tortureand ill-treatment. Secret detention must end immediately (Point 3). So too must the use ofincommunicado detention, with lawyers, doctors, relatives, and independent monitors grantedimmediate and continuing access to and information about detainees, and with detaineesbrought before a judicial authority as soon as possible after arrest (Point 2). There must be aclear delineation between powers of interrogation and detention, with detention conditions fullymeeting international standards. Vulnerable detainees, including children and women, shouldreceive particular protections demanded by international law (Point 4). Coerced statementsmust not be admitted in any trials. Military commissions set up to try "war on terror"
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detainees, with the power to admit such statements, must be abandoned (Point 8).Any victims of torture or ill-treatment are entitled to reparations, including compensation forthe families of anyone who died as a result of such treatment in custody (Point 10). Training ofanyone who comes into contact with detainees is essential, and must include relevant culturalawareness education as well as training in the international prohibition of torture and ill-treatment (Point 9). The numerous conditions the USA attached to its ratifications ofinternational treaties prohibiting torture and other cruel, inhuman or degrading treatmentshould be withdrawn. It should ratify those treaties and protocols it has not yet ratified (Point11). In accordance with international human rights law, international security cooperationmust rule out the transfer of detainees in conditions or to places where they are at risk oftorture or other cruel, inhuman or degrading treatment or punishment (Point 12). US lawsmust be amended, or reinterpreted, to reflect fully the absolute prohibition on torture and ill-treatment in international law and allow no loopholes, in peacetime, in war, and in the "war onterror," or for anyone, from the foot soldier to the President (Point 5).On 11 September 2001, President Bush said that "America was targeted for attack becausewe're the brightest beacon for freedom and opportunity in the world. And no one will keep thatlight from shining."(8) Three years later, the catalogue of human rights violations alleged orknown to have been committed by US agents in the "war on terror" tells a different story.Amnesty International urges the US government to adopt a fundamental change in directionand to ensure that all its policies and practices fully comply with international law. The coremessage of this report is that the prevention of torture and cruel, inhuman or degradingtreatment is primarily a matter of political will.A brief chronology11 September 2001 – four US commercial airliners are hijacked. Two are crashed into theWorld Trade Center in New York, one into the Pentagon and one into a field in Pennsylvania.Almost 3,000 people are killed in this crime against humanity.7 October 2001 – the USA leads military action against the Taleban government and membersof theal-Qa'idanetwork in Afghanistan.10/11 January 2002 – the first detainees are transferred from Afghanistan to the US NavalBase in Guantánamo Bay, Cuba, in conditions that amount to cruel, inhuman or degradingtreatment.7 February 2002 – the White House announces its decision that the Geneva Conventions donot apply toal-Qa'idasuspects captured in Afghanistan, and that neither they nor Talebanmembers would be eligible for prisoner of war status.June 2002 – Hamid Karzai appointed as President of interim Afghanistan administration. USforces continue to carry out military operations and detentions in Afghanistan to this day.20 March 2003 – US-led Coalition forces attack Iraq. On 1 May 2003, President Bushannounces that the main combat operations in Iraq are over. A major insurgency against theoccupation develops.28 April 2004 – photographs of torture and ill-treatment of Iraqi detainees by US soldiers inAbu Ghraib prison outside Baghdad are broadcast by CBS News and subsequently around theworld.22 June 2004 – the US administration releases several previously secret memorandumsdiscussing "war on terror" detention and interrogation options "to set the record straight"following leaks.28 June 2004 – the US Supreme Court rules that the US courts have jurisdiction over the
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Guantánamo detainees, hundreds of whom have already been held for more than two yearswithout any judicial review, charge, trial or access to legal counsel or relatives.2001-2004 – The US military has taken more than 50,000 people into custody during itsmilitary operations in Afghanistan and Iraq. In Afghanistan, the US has operated some 25detention facilities, and in Iraq another 17. More than 750 people have been held inGuantánamo. The Pentagon states that 202 have been released or transferred, leaving"approximately 549" in the base by 22 September 2004. An unknown number of detaineeshave been held in undisclosed locations by the USA or transferred to the custody of othercountries.Compilation of recommendations under 12-Point ProgramAmnesty International continues to call for a commission of inquiry, fully independent ofgovernment, into all aspects of the USA's "war on terror" detentions, with a view to achievingfull accountability for any human rights violations that have occurred. Meanwhile, in order toprevent further such abuses, Amnesty International urges the government to consider theorganization's 12-point program against torture and to put in place policies and practices whichreflect the absolute prohibition on torture and cruel, inhuman or degrading treatment orpunishment.Amnesty International's recommendations to the US authorities based on theorganization's 12-Point Program for the Prevention of Torture by Agents of the State1. Condemn tortureThe highest authorities of every country should demonstrate their total opposition to torture.They should condemn torture unreservedly whenever it occurs. They should make clear to allmembers of the police, military and other security forces that torture will never be tolerated.The US authorities should:Provide a genuine, unequivocal and continuing public commitment to oppose tortureandcruel, inhuman or degrading treatment under any circumstances, regardless ofwhere it takes place, and take every possible measure to ensure that all agencies ofgovernment and US allies fully comply with this prohibition;Review all government policies and procedures relating to detention and interrogationto ensure that they adhere strictly to international human rights and humanitarian lawand standards, and publicly disown those which do not;Make clear to all members of the military and all other government agencies, as well asUS allies, that torture or cruel, inhuman or degrading treatment will not be toleratedunder any circumstances;Commit to a program of public education on the international prohibition of torture andill-treatment, including challenging any public discourse that seeks to promote toleranceof torture or cruel, inhuman or degrading treatment.
2. Ensure access to prisonersTorture often takes place while prisoners are held incommunicado — unable to contact peopleoutside who could help them or find out what is happening to them. The practice ofincommunicado detention should be ended. Governments should ensure that all prisoners arebrought before an independent judicial authority without delay after being taken into custody.
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Prisoners should have access to relatives, lawyers and doctors without delay and regularlythereafter.The US authorities should:End the practice of incommunicado detention;Grant the International Committee of the Red Cross full access to all detaineesaccording to the organization's mandate;Grant all detainees access to legal counsel, relatives, independent doctors, and toconsular representatives, without delay and regularly thereafter;In battlefield situations, ensure where possible that interrogations are observed by atleast one military lawyer with full knowledge of international law and standards as theypertain to the treatment of detainees;Grant all detainees access to the courts to be able to challenge the lawfulness of theirdetention. Presume detainees captured on the battlefield during international conflictsto be prisoners of war unless and until a competent tribunal determines otherwise;Reject any measures that narrow or curtail the effect or scope of theRasul v. Bushruling on the right to judicial review of detainees held in Guantánamo or elsewhere, andfacilitate detainees' access to legal counsel for the purpose of judicial review.
3. No secret detentionIn some countries torture takes place in secret locations, often after the victims are made to"disappear". Governments should ensure that prisoners are held only in officially recognizedplaces of detention and that accurate information about their arrest and whereabouts is madeavailable immediately to relatives, lawyers and the courts. Effective judicial remedies shouldbe available at all times to enable relatives and lawyers to find out immediately where aprisoner is held and under what authority and to ensure the prisoner's safety.The US authorities should:Clarify the fate and whereabouts of those detainees reported to be or to have been inUS custody or under US interrogation in the custody of other countries, to whom nooutside body including the International Committee of the Red Cross are known to haveaccess, and provide assurances of their well-being. These detainees include but are notlimited to those named in the 9/11 Commission Report and in this AmnestyInternational report as having been in custody at some time in undisclosed locations;End immediately the practice of secret detention wherever it is occurring, and underwhichever agency. Hold detainees only in officially recognized places of detention;Not collude with other governments in the practice of "disappearances" or secretdetentions, and expose such abuses where the USA becomes aware of them;Maintain an accurate and detailed register of all detainees at every detention facilityoperated by the US, in accordance with international law and standards. This registershould be updated on a daily basis, and made available for inspection by, at aminimum, the International Committee of the Red Cross, and the detainees' relativesand lawyers or other persons of confidence;Make public and regularly update the precise numbers of detainees in US custodyspecifying the agency under which each person is held, their identity, their nationalityand arrest date, and place of detention;
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Either charge and bring to trial, in full accordance with international law and standardsand without recourse to the death penalty, all detainees held in US custody inundisclosed locations, or else release them;Comply without delay with Freedom of Information Act requests, and related courtorders, aimed at clarifying the fate and whereabouts of such detainees;Make public and revoke any measures or directives that have been authorized by thePresident or any other official that could be interpreted as authorizing "disappearances",torture or cruel, inhuman or degrading treatment, or extrajudicial executions.
4. Provide safeguards during detention and interrogationAll prisoners should be immediately informed of their rights. These include the right to lodgecomplaints about their treatment and to have a judge rule without delay on the lawfulness oftheir detention. Judges should investigate any evidence of torture and order release if thedetention is unlawful. A lawyer should be present during interrogations. Governments shouldensure that conditions of detention conform to international standards for the treatment ofprisoners and take into account the needs of members of particularly vulnerable groups. Theauthorities responsible for detention should be separate from those in charge of interrogation.There should be regular, independent, unannounced and unrestricted visits of inspection to allplaces of detention.The US authorities should:Immediately inform anyone taken into US custody of his or her rights, including theright not to be subjected to any form of torture or cruel, inhuman or degradingtreatment or punishment; their right to challenge the lawfulness of their detention in acourt of law; their right to access to relatives and legal counsel, and their consularrights if a foreign national;Ensure at all times a clear delineation between powers of detention and interrogation;Keep under systematic review interrogation rules, instructions, methods and practices,as well as arrangements for the custody and treatment of anyone in US custody, with aview to preventing any cases of torture or cruel, inhuman or degrading treatment;Ensure that conditions of detention strictly comply with international law and standards;Prohibit the use of isolation, hooding, stripping, dogs, stress positions, sensorydeprivation, feigned suffocation, death threats, use of cold water or weather, sleepdeprivation and any other forms of torture, or cruel, inhuman or degrading treatmentas interrogation techniques;Bring to trial in accordance with international fair trial standards all detainees held inGuantánamo, or release them;Ensure compliance with all aspects of international law and standards relating to childdetainees;Ensure compliance with all international law and standards relating to womendetainees;Invite all relevant human rights monitoring mechanisms, especially the UN SpecialRapporteur on Torture, the Committee against Torture, the Working Group on Enforcedor Involuntary Disappearances (1980) and the Working Group on Arbitrary detention tovisit all places of detention, and grant them unlimited access to these places and todetainees;
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Grant access to national and international human rights organizations, includingAmnesty International, to all places of detention and all detainees, regardless of wherethey are held.
5. Prohibit torture in lawGovernments should adopt laws for the prohibition and prevention of torture incorporating themain elements of the UN Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment (Convention against Torture) and other relevant internationalstandards. All judicial and administrative corporal punishments should be abolished. Theprohibition of torture and the essential safeguards for its prevention must not be suspendedunder any circumstances, including states of war or other public emergency.The US authorities should:Enact a federal crime of torture, as called for by the Committee against Torture, thatalso defines the infliction of cruel, inhuman or degrading treatment as a crime,wherever it occurs;Amend the Uniform Code of Military Justice to criminalize expressly the crime of torture,as well as a crime of infliction of cruel, inhuman or degrading treatment or punishment,wherever it occurs, in line with the Convention against Torture and other internationalstandards;Ensure that all legislation criminalizing torture defines torture at least as broadly as theUN Convention against Torture;Ensure that legislation criminalizing torture and the infliction of cruel, inhuman ordegrading treatment covers all persons, regardless of official status or nationality,wherever this conduct occurred, and that it does not allow any exceptionalcircumstances whatsoever to be invoked as justification for such conduct, or allow theauthorization of torture or ill-treatment by any superior officer or public official,including the President.
6. InvestigateAll complaints and reports of torture should be promptly, impartially and effectivelyinvestigated by a body independent of the alleged perpetrators. The methods and findings ofsuch investigations should be made public. Officials suspected of committing torture should besuspended from active duty during the investigation. Complainants, witnesses and others atrisk should be protected from intimidation and reprisals.US Congress should:Establish an independent commission of inquiry into all aspects of the USA's "war onterror" detention and interrogation policies and practices. Such a commission shouldconsist of credible independent experts, have international expert input, and havesubpoena powers and access to all levels of government, all agencies, and alldocuments whether classified or unclassified.
The US authorities should:Ensure that all allegations of torture or cruel, inhuman or degrading treatment involvingUS personnel, whether members of the armed forces, other government agencies,
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medical personnel, private contractors or interpreters, are subject to prompt, thorough,independent and impartial civilian investigation in strict conformity with internationallaw and standards concerning investigations of human rights violations;Ensure that such investigations include cases in which the USA previously had custodyof the detainee, but transferred him or her to the custody of another country, or toother forces within the same country, subsequent to which allegations of torture or ill-treatment were made;Ensure that the investigative approach at a minimum complies with the UN Principles onthe Effective Investigation and Documentation of Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment;Ensure that the investigation of deaths in custody at a minimum comply with the UNPrinciples on the Effective Prevention and Investigation of Extra-legal, Arbitrary andSummary Executions, including the provision for adequate autopsies in all such cases;In view of evidence that certain persons held in US custody have been subjected to"disappearance", the US authorities should initiate prompt, thorough and impartialinvestigations into the allegations by a competent and independent state authority, asprovided under Article 13 of the UN Declaration on the Protection of All Persons fromEnforced Disappearance.
7. ProsecuteThose responsible for torture must be brought to justice. This principle should apply whereveralleged torturers happen to be, whatever their nationality or position, regardless of where thecrime was committed and the nationality of the victims, and no matter how much time haselapsed since the commission of the crime. Governments must exercise universal jurisdictionover alleged torturers or extradite them, and cooperate with each other in such criminalproceedings. Trials must be fair. An order from a superior officer must never be accepted as ajustification for torture.The US authorities should:Publicly reject all arguments, including those contained in classified or unclassifiedgovernment documents, promoting impunity for anyone suspected of torture and cruel,inhuman or degrading treatment, including the ordering of such acts;Bring to trial all individuals – whether they be members of the administration, thearmed forces, intelligence services and other government agencies, medical personnel,private contractors or interpreters – against whom there is evidence of havingauthorized, condoned or committed torture or other cruel, inhuman or degradingtreatment;Any person alleged to have perpetrated an act of "disappearance" should, when thefacts disclosed by an official investigation so warrant, be brought before the competentcivil authorities for prosecution and trial, in accordance with Article 14 of the UNDeclaration on the Protection of All Persons from Enforced Disappearance;Ensure that all trials for alleged perpetrators comply with international fair trialstandards, and do not result in imposition of the death penalty.
8. No use of statements extracted under tortureGovernments should ensure that statements and other evidence obtained through torture maynot be invoked in any proceedings, except against a person accused of torture.
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The US authorities should:Ensure that no statement coerced as a result of torture or other cruel, inhuman ordegrading treatment, including long-term indefinite detention without charge or trial, orany other information or evidence obtained directly or indirectly as the result of tortureor cruel, inhuman or degrading treatment, regardless of who was responsible for suchacts, is admitted as evidence against any defendant, except the perpetrator of thehuman rights violation in question;Revoke the Military Order on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism, and abandon trials by military commission;Expose and reject any use of coerced evidence obtained by other governments frompeople held in their own or US custody;Refrain from transferring any coerced evidence for the use of other governments.
9. Provide effective trainingIt should be made clear during the training of all officials involved in the custody, interrogationor medical care of prisoners that torture is a criminal act. Officials should be instructed thatthey have the right and duty to refuse to obey any order to torture.The US authorities should:Ensure that all personnel involved in detention and interrogation, including all membersof the armed forces or other government agencies, private contractors, medicalpersonnel and interpreters, receive full training, with input from international experts,on the international prohibition of torture and other cruel, inhuman or degradingtreatment or punishment, and their obligation to expose it;Ensure that all members of the armed forces and members of other governmentagencies, including the CIA, private contractors, medical personnel and interpreters,receive full training in the scope and meaning of the Geneva Conventions and theirAdditional Protocols, as well as international human rights law and standards, with inputfrom international experts;Ensure that full training be similarly provided on international human rights law andstandards regarding the treatment of persons deprived of their liberty, including theprohibition on "disappearances", with input from international experts;Ensure that all military and other agency personnel, as well as medical personnel andprivate contractors, receive cultural awareness training appropriate to whatever theatreof operation they may be deployed into.
10. Provide reparationVictims of torture and their dependants should be entitled to obtain prompt reparation fromthe state including restitution, fair and adequate financial compensation and appropriatemedical care and rehabilitation.The US authorities should:Ensure that anyone who has suffered torture or ill-treatment while in US custody hasaccess to, and the means to obtain, full reparation including restitution, compensation,rehabilitation, satisfaction and guarantees of non-repetition, wherever they may reside;
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Ensure that all those who have been subject to unlawful arrest by the USA receive fullcompensation.
11. Ratify international treatiesAll governments should ratify without reservations international treaties containing safeguardsagainst torture, including the UN Convention against Torture with declarations providing forindividual and inter-state complaints. Governments should comply with the recommendationsof international bodies and experts on the prevention of torture.The US authorities should:Make a public commitment to fully adhere to international human rights andhumanitarian law and standards – treaties, other instruments, and customary law – andrespect the decisions and recommendations of international and regional human rightsbodies;Make a public commitment to fully adhere to the Geneva Conventions, and torespecting the advice and recommendations of the International Committee of the RedCross;Ratify Additional Protocols I and II to the Geneva Conventions;Withdraw all conditions attached to the USA's ratification of the UN Convention againstTorture;Provide the USA's overdue second report to the Committee against Torture, asrequested by the Committee;Withdraw all limiting conditions attached to the USA's ratification of the InternationalCovenant on Civil and Political Rights;Provide the USA's overdue reports to the Human Rights Committee;Ratify the Optional Protocol to the UN Convention against Torture;Ratify the UN Convention on the Rights of the Child;Ratify the American Convention on Human Rights;Ratify the Inter-American Convention on Forced Disappearance of Persons without anyreservations and implement it by making enforced disappearances a crime under USlaw over which US courts have jurisdiction wherever committed by anyone.Ratify the Rome Statute of the International Criminal Court.
12. Exercise international responsibilityGovernments should use all available channels to intercede with the governments of countrieswhere torture is reported. They should ensure that transfers of training and equipment formilitary, security or police use do not facilitate torture. Governments must not forcibly return aperson to a country where he or she risks being tortured.The US authorities should:Withdraw the USA's understanding to Article 3 of the UN Convention againstTorture, and publicly state the USA's commitment to the principle ofnon-refoulement,and ensure that no legislation undermines this protection in any way;Cease the practice of "renditions" that bypass human rights protections; ensure thatall transfers of detainees between the USA and other countries fully comply withinternational human rights law.
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********(1) This is a summary version of a report of the same title and date, AI Index: AMR51/145/2004.(2) Abdou, 16 January 2004. Statement to military investigators.http://media.washingtonpost.com/wp-srv/world/iraq/abughraib/18170.pdf.
Thistechnique is said to be "a standard torture. It's called the 'Vietnam'. But it's not commonknowledge. Ordinary American soldiers did this, but someone taught them." Darius Rejali,quoted in The Roots of Torture, Newsweek, 24 May 2004.(3) World Press Photo of 2003. Jean-Marc Bouju, AP.http://www.worldpressphoto.nl/contest/winner.jsp
(4) Remarks at Briefing on the State Department's 2002 Country Reports on Human RightsPractices. Secretary of State Colin Powell, Washington, DC, 31 March 2003.(5) President's statement on the UN International Day in Support of Victims of Torture. WhiteHouse, 26 June 2004.http://www.whitehouse.gov/news/releases/2004/06/20040626-19.html
(6) This refers to part one of the main report of the same title and date, AI Index: AMR51/145/2004.(7) United Nations Press Release SG/SM/9373 OBV/428. 17 June 2004.(8) Statement by the President in his address to the Nation. 11 September 2001
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