Significantly, the bill would require the U.S. to allow a person subject to return based on
assurances an opportunity to challenge the reliability of assurances in an independent
judicial forum.125 The bill would thus address the glaring absence of procedural
guarantees to effectively challenge diplomatic assurances secured by the U.S. in its
efforts to effect returns based on them.
On March 16, 2005, Rep. Markey proposed an amendment to a supplemental
appropriations bill that prohibited any of the funds made available by the act to be used
for any activities that would contravene the U.S.’s obligations under the Convention
against Torture.126 In his statement introducing the amendment, Markey directly
referenced the U.S. renditions program and said:
The Administration maintains that it is in full compliance with the
Convention against Torture. Compliance, they say, is guaranteed by the
dubious practice of asking countries known to torture prisoners for
“promises” that they will not torture our prisoners. These so-called
“diplomatic assurances” then provide the cover for sending a suspect to
that country to undergo interrogation. . . “[D]iplomatic assurances” not
to torture are not credible, and the Administration knows it.”127
The amendment passed in the House of Representatives by an overwhelming majority
of 420 to 2, and was an important first step in addressing the U.S. practice of handing
people over to governments that torture.128
125
Ibid., pp. 12-13: The bill would require all U.S. agencies to promulgate regulations regarding “the process by
which a person may raise and adjudicate in an independent judicial forum a claim that his or her transfer would
be in violation of article 3 of the [Convention against Torture]…including the process by which the individual
being transferred can challenge any diplomatic assurances received from the government to which the
individual would be returned that the individual would not be subjected to torture or ill-treatment.”
126
Amendment to H.R. 1268, as Reported, Offered by Mr. Markey of Massachusetts,
F:\M9\MARKEY_033.XML, March 15, 2005.
127
Statement by Representative Edward J. Markey on Amendment to Stop Funds for the Outsourcing of
Torture, March 15, 2005 [online] http://www.house.gov/markey/Issues/iss_human_rights_st050315.pdf
(retrieved March 19, 2005).
128
See, Human Rights Watch Statement by Wendy Patten, U.S. Advocacy Director, at the March 10, 2005
“Rally to Stop Renditions” convened by Rep. Markey [online]
http://hrw.org/english/docs/2005/03/10/usint10294.htm (retrieved March 19, 2005). Human Rights Watch stated,
“[W]e support efforts by the Congress, led by Rep. Markey in the House of Representatives, to put a stop to
renditions to torture and, as part of that vital effort, to prevent the Bush administration from papering over its
illegal conduct with diplomatic assurances from governments that torture."
43
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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