CAT/C/USA/CO/3-5
The State party should amend the relevant laws and regulations accordingly, and
withdraw its reservation to article 16, as a means of avoiding wrongful
interpretations.
Counter-terrorism measures
11.
The Committee expresses grave concern over the extraordinary rendition, secret
detention and interrogation programme operated by the United States Central Intelligence
Agency (CIA) between 2001 and 2008, which comprised numerous human rights
violations, including torture, ill-treatment and enforced disappearance of persons suspected
of involvement in terrorism-related crimes. While noting the content and scope of
Presidential Executive Order 13491, the Committee regrets that the State party only
provided scant information about the now shuttered network of secret detention facilities,
which formed part of the high-value detainee programme publicly referred to by President
Bush on 6 September 2006. It also regrets that the State party did not provide information
on the practices of extraordinary rendition and enforced disappearance, nor on the extent of
the abusive interrogation techniques, such as waterboarding, used by the CIA on suspected
terrorists. In that regard, the Committee is closely following the declassification process of
the United States Senate Select Committee on Intelligence report on the CIA Detention and
Interrogation Programme (arts. 2, 11 and 16).
The Committee recalls the absolute prohibition of torture contained in article 2,
paragraph 2, of the Convention: “No exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification of torture.” In that regard, the
Committee draws the State party’s attention to its general comment No. 2 (2007), in
which it states that exceptional circumstances include “any threat of terrorist acts or
violent crime as well as armed conflict, international or non-international.”
The Committee urges the State party to:
(a)
Ensure that no one is held in secret detention anywhere under its de
facto effective control. The Committee reiterates that detaining individuals in such
conditions constitutes, per se, a violation of the Convention (CAT/C/USA/CO/2, para.
17);
(b)
Take all necessary measures to ensure that its legislative, administrative
and other anti-terrorism measures are compatible with the provisions of the
Convention, in particular the provisions of article 2;
(c)
Adopt effective measures to ensure, in law and in practice, that all
detainees are afforded all legal safeguards from the very outset of the deprivation of
their liberty, including the safeguards mentioned in paragraphs 13 and 14 of the
Committee’s general comment No. 2 (2007).
The Committee calls for the declassification and prompt public release of the Senate
Select Committee on Intelligence report on the CIA secret detention and interrogation
programme, with minimal redaction.
The Committee also encourages the State party to ratify the International Convention
for the Protection of All Persons from Enforced Disappearance.
Inquiries into allegations of torture overseas
12.
The Committee expresses concern over the ongoing failure on the part of the State
party to fully investigate allegations of torture and ill-treatment of suspects held in United
States custody abroad, evidenced by the limited number of criminal prosecutions and
convictions. In that respect, the Committee notes that during the period under review, the
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