The international community’s efforts to promote compliance with human rights norms
are generally addressed at the level of the overall system of protection. The human rights
community advocates for changes to the laws, policies, and practices that facilitate
abuses such as torture—and many governments worldwide have joined that effort. If the
international community as a whole were to endorse assurances to protect one person, it
would be perceived as ignoring those systematic failings, neglecting the obligation to
address the endemic nature of the problem, and providing abusive governments with a
device to falsely flaunt their human rights credentials without having to abide by their
general legal obligations on torture.
The Limits of Post-Return Monitoring
The vast majority of written diplomatic assurances contain no provision for independent
monitoring of a person after he or she is returned. Some governments that secure
diplomatic assurances, however, also arrange with the receiving government to conduct
post-return monitoring, either by diplomatic personnel or an independent monitoring
body. For example, the Swedish government made such arrangements with the Egyptian
authorities after the two Egyptian men were returned, and the International Committee
of the Red Cross (ICRC) visited a man extradited from Austria to Dagestan, Russia
based on such assurances (see Sweden and Austria sections below). By arranging for
such monitoring, governments argue that they have provided the returned person with
an additional measure of safety.
Thus, post-return monitoring is meant to serve as both a disincentive and an
accountability mechanism: 1) the receiving government allegedly would not breach the
assurances because of fear that the sending government’s monitors would detect the
abuse and 2) in the event of allegations or actual abuse, the sending government could
hold the receiving government accountable for breaches of the assurances. These
arguments, however, are based on a set of false assumptions.
False: Torture is Easy to Detect
Torture is illegal, criminal activity. It is practiced in secret, with the complicity of prison
and detention facility staff and medical personnel, including physicians.65 Indeed,
monitoring by the ICRC at Abu Ghraib prison was often frustrated by the actions of
prison staff. The U.S.’s own internal investigations into abuses at the prison confirm this
65
See for example, Robert Jay Lifton, MD, “Doctors and Torture,” New England Journal of Medicine, Vol. 351,
No. 5, July 29, 2004, pages 415-416 [online] http://content.nejm.org/cgi/content/full/351/5/415 (retrieved March
1, 2005).
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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