Under Article VI of the US Constitution:
Under Article 1 of the Convention against Torture:
Under Article 2 of the Convention against Torture:
Under Article 4 of the Convention against Torture:
Under the US Foreign Assistance Act:
AMNESTY INTERNATIONAL CALLS FOR EU GOV'TS TO BE HONEST ABOUT INVOLVEMENT IN RENDITIONS
14 June 2006
A new report by the human rights organization, entitled Partners in Crime, accuses 7 EU member states of collaborating in extrajudicial detentions and renditions to third countries or prison facilities where torture may be used. The report follows up on a Council of Europe investigation, headed by Swiss senator Dick Marty, which found that 14 EU states had been complicit in extralegal detentions and prisoner transfers.
The new Amnesty report lists Bosnia-Hercegovina, Germany, Italy, Macedonia, Sweden, Turkey and the UK as having clearly collaborated in the CIA's alleged program of renditions, through which individuals accused of terrorist ties were taken from the streets of European countries or from Afghan or Iraqi soil, flown without charge or process to third countries, and subjected to prolonged detentions and in some cases, torture.
The report also calls specifically for individual officials in the named countries to beheld criminally responsible for participation in actions which violate international human rights law or domestic due process requirements. Amnesty calls the attitude of EU governments hypocritical, citing efforts to denounce the Guantanamo detention facility, even where the same governments participated in efforts to detain and transfer prisoners to the legally undefined camp.
The gist of the report is to call for openness and clarity about any role EU governments may have had, alleging that continued denials, which appear to be "wearing very, very thin", according to Dick Oosting, director of Amnesty's EU branch.
European ministers are expected to press George W. Bush to close the camp at a US-EU summit in Vienna, as the European Parliament has recently passed a non-legally-binding resolution calling for its closure. It has been called an "anomaly" for a nation that seeks to promote justice and freedom around the world, and Pres. Bush has said he wants to close the camp, but that he is "waiting" for a legal process to emerge which would allow the detainees to be tried in a new kind of military setting. [s]
Prelminary findings from the Council of Europe's investigation into human rights abuses and a secret CIA network of extralegal detention facilities report high probability that European governments knew what US forces were doing on their soil and in neighboring countries. [Full Story]
The principal legal problem relating to alleged "ghost flights", secret interrogations and the policy of "extraordinary rendition" is the extralegal nature of all three techniques. The issue centers on these processes being designed to operate beyond the scope of ordinary legal constraints. [Full Story]
RICE STAKES OUT "NUANCED" POSITION ON ABDUCTIONS, TORTURE
Amid growing concern relating to press reports of undisclosed CIA flights through or over European nations, with possible connections to the abduction of terror suspects and the use of secret detention centers, US Secretary of State Condoleezza Rice has sought to defend US policy. She admitted that the US might make mistakes in the "war on terror", but did not make specific reference to controversy over the alleged abduction of an innocent German citizen who, after 5 months of questioning in Afghanistan, proved to be a case of mistaken identity.
8 December Update:
Under Part I, Article II, Section 1 of the treaty, "Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." [emphasis added] the US Constitution specifically requires that ratification of any treaty binds the standards of the US system of laws to those of the ratified treaty. Some legal clauses relevant to stories in this special section can be found in selected excerpts to the left of this page, above.