The committee released the following conclusions during a press conference held today:
The Committee reiterated its concern with regard to the absence of a federal crime of torture consistent with Article 1 of the Convention and requested, among others, that the State party ensure that acts of psychological torture, prohibited by the Convention, were not limited to “prolonged mental harm”, but constituted a wider category of acts, which caused severe mental suffering, irrespective of their prolongation or its duration. The Committee regretted the State party’s opinion that the Convention was not applicable in times and in the context of armed conflict, and that the Convention’s application would result in an overlap of the different treaties which would undermine the objective of eradicating torture.
The Committee urged the United States to register all persons it detained in any territory under its jurisdiction to prevent acts of torture. In that regard, the Committee was concerned by allegations that the State party had established secret detention facilities, which were not accessible to the International Committee of the Red Cross. Detainees were deprived of fundamental legal safeguards, including an oversight mechanism in regard to their treatment and review procedures with respect to their detention. The Committee was also concerned by allegations that those detained in such facilities could be held for prolonged periods and faced torture or cruel, inhuman or degrading treatment. The Committee considered the “no comment” policy of the State party regarding the existence of such secret detention facilities, as well as on its intelligence activities, to be regrettable. In addition, the United States should cease to detain any person at Guantánamo Bay and close that detention facility. It should permit access by the detainees to judicial process or release them as soon as possible, ensuring that they were not returned to any State where they could face a real risk of being tortured.
The committee cannot impose punitive measures 'but human rights observers say it could influence U.S. public opinion and hence the government'. That's highly unlikely.
On Thursday, it was reported that 4 Gitmo detainees attempted suicide, 3 by pill overdoses and 1 by hanging. None of the attempts succeeded. The military reports that there have been 39 suicide attempts since Gitmo opened and CNN's Pentagon reporter, Barbara Starr, commented on air on Friday that many of those attempts were made by one prisoner according to her sources. One is left to conclude that, if that is indeed true, the prisoner involved is definitely not receiving adequate psychiatric care. Considering the Pentagon's pattern of minimizing/denying reality and underreporting uncomfortable news, it's not difficult to assume that there have been a larger number of such attempts in the past. Without the presence of international observers, such as members of the Red Cross, it is impossible to really know the truth of the situation.
Regarding the calls by this committee, the UK and other countries to close the detention facility at Guantanamo Bay, Bush has said that he is waiting for the courts to determine the legal status of the secret military tribunals before that can be considered. He has also stated that, although hundreds of detainees are eligible for release, he is concerned about sending them back to their countries of origin without assurances that they will not be tortured. That hypocrisy is stunning.
While the US has denied using extraordinary rendition ie. torture flights, a judge on Thursday dismissed a lawsuit by German citizen Khaled el-Masri on grounds of 'state secrets'. The ACLU has vowed to keep fighting on Mr el-Masri's behalf. The judge's conclusions are contradictory:
In his opinion, Judge T.S. Ellis III held that CIA properly invoked the state secrets to dismiss El-Masri's lawsuit, notwithstanding the vast amount of public information concerning El-Masri's claims. The court acknowledged, however, that "if El-Masri's allegations are true or essentially true, then all fair-minded people, including those who believe that state secrets must be protected, that this lawsuit cannot proceed, and that renditions are a necessary step to take in this war, must also agree that El-Masri has suffered injuries as a result of our country's mistake and deserves a remedy."
He admits that el-Masri suffered abuse at the hands of the CIA, yet cannot offer any remedy. This is a very public admission that the US, in fact, does employ torture flights. Earlier this year, Canadian Maher Arar's lawsuit was also dismissed using the 'state secrets' defense. The message is clear: anyone attempting to hold the US government accountable for torture will ultimately fail. This is especially true on the international front since Bush opted out of the International Criminal Court. These victims have absolutely no legal recourse left to them.
The UN committee expects the US to report back in one year.
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