To the Government of the United States:
•
Cease accepting diplomatic assurances against torture to justify “renditions” on
human rights grounds. Halt immediately the practice of rendering alleged terrorism
suspects (via extradition, removal, or any other form of transfer) to countries where
torture is a serious human rights problem. No such transfers should be effected
from U.S. territory, diplomatic premises, or military bases, including from the U.S.
Naval Base at Guantánamo Bay, Cuba. The U.S. government and all its agencies
should not order, participate in, or facilitate such transfers under any circumstances
from the territories of other countries.
•
Reform U.S. law and policy to reflect a firm commitment to the government’s
obligations under the Convention against Torture, including prohibiting the seeking
and securing of diplomatic assurances for any transfer (rendition, extradition,
removal, or any other transfer from custody, including from Guantánamo Bay) of
any person to a country where there are substantial grounds for believing that such
person would be in danger of being subjected to torture or cruel, inhuman, or
degrading treatment or punishment.
•
Repeal 8 C.F.R. §208.18(c) [Diplomatic Assurances against Torture by the Secretary
of State], which provides for reliance upon diplomatic assurances against torture to
remove from United States territory persons raising claims under the Convention
against Torture in immigration proceedings without an effective opportunity to
challenge the assurances in an independent judicial forum.
•
Provide all persons subject to transfer (rendition, extradition, removal, or other
transfer from custody, including from Guantánamo Bay) the ability to challenge the
legality of the transfer, including the reliability of any diplomatic assurances, for
compliance with the U.S.’s obligations under the Convention against Torture. The
procedure governing such challenges should be specified in law and should provide
for review in an independent forum prior to transfer.
•
Cooperate in a full and transparent manner with the Canadian Commission of
Inquiry into the Maher Arar case. Release information regarding interactions
between U.S. and Canadian officials on this case and regarding the diplomatic
assurances against torture secured by the U.S. government from the Syrian
authorities, including the text of the assurances.
81
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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