CAT/C/USA/CO/2
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The State party should recognize and ensure that the provisions of the Convention
expressed as applicable to “territory under the State party’s jurisdiction” apply to,
and are fully enjoyed, by all persons under the effective control of its authorities, of
whichever type, wherever located in the world.
16.
The Committee notes with concern that the State party does not always register persons
detained in territories under its jurisdiction outside the United States, depriving them of an
effective safeguard against acts of torture (art. 2).
The State party should register all persons it detains in any territory under its
jurisdiction, as one measure to prevent acts of torture. Registration should contain
the identity of the detainee, the date, time and place of the detention, the identity of
the authority that detained the person, the ground for the detention, the date and
time of admission to the detention facility and the state of health of the detainee
upon admission and any changes thereto, the time and place of interrogations, with
the names of all interrogators present, as well as the date and time of release or
transfer to another detention facility.
17.
The Committee is concerned by allegations that the State party has established secret
detention facilities, which are not accessible to the International Committee of the Red Cross.
Detainees are allegedly deprived of fundamental legal safeguards, including an oversight
mechanism in regard to their treatment and review procedures with respect to their detention.
The Committee is also concerned by allegations that those detained in such facilities could be
held for prolonged periods and face torture or cruel, inhuman or degrading treatment. The
Committee considers 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 (arts. 2
and 16).
The State party should ensure that no one is detained in any secret detention facility
under its de facto effective control. Detaining persons in such conditions constitutes,
per se, a violation of the Convention. The State party should investigate and
disclose the existence of any such facilities and the authority under which they have
been established and the manner in which detainees are treated. The State party
should publicly condemn any policy of secret detention.
The Committee recalls that intelligence activities, notwithstanding their author,
nature or location, are acts of the State party, fully engaging its international
responsibility.
18.
The Committee is concerned by reports of the involvement of the State party in enforced
disappearances. The Committee considers the State party’s view that such acts do not constitute
a form of torture to be regrettable (arts. 2 and 16).
The State party should adopt all necessary measures to prohibit and prevent
enforced disappearance in any territory under its jurisdiction, and prosecute and
punish perpetrators, as this practice constitutes, per se, a violation of the
Convention.