Those assurances are worthless, and the Bush administration surely
knows it. In normal times, the governments of these countries have
abysmal standards for human rights and humane treatment, and would
have no problem promising that a prisoner wouldn’t be tortured—right
before he was tortured. And these are not normal times.111
The Bush administration, however, has continued to defend the practice of relying on
assurances against torture, even from the government of Uzbekistan, a country in which
torture is systematic.112 At a press conference on March 16, 2005, President George W.
Bush stated that one way to protect the American people and their friends from attack
post-September 11 was “to arrest people and send them back to their country of origin
with the promise that they won't be tortured.” 113 In response to a reporter’s follow-up
question, “…what is it that Uzbekistan can do in interrogating an individual that the
United States can't?” the President simply responded, “We seek assurances that nobody
will be tortured when we render a person back to their home country.”114
No Effective Opportunity to Challenge Reliability of Assurances
The most glaring deficiency in U.S. law and policy lies precisely in the absence of express
provision for procedural guarantees for the person subject to transfer, including any
opportunity to challenge the credibility or reliability of diplomatic assurances before an
independent judicial body. This deficiency applies with equal force to immigration cases,
which are governed by the procedures set forth in federal regulations; to renditions
outside of any legal framework, which lack even the basic and flawed process set forth in
the immigration regulations; and to returns from any place of detention within U.S.
jurisdiction or effective control, including Guantánamo Bay.
111
Editorial, “Torture by Proxy,” New York Times, March 8, 2005. See also Editorial, “Torture by Proxy,” Los
Angeles Times, March 11, 2005, p. B-12: “The CIA says with a straight face that it gets those assurances
before delivering suspects to jailers in Egypt, Syria, Saudi Arabia, Jordan and Pakistan—countries that have
such abysmal human rights records that promises of decent treatment are a joke.” See also Dana Priest, “CIA’s
Assurances on Transferred Suspects Doubted; Prisoners Say Countries Break No-Torture Pledges,”
Washington Post, March 17, 2005, p. A1.
112
The 2004 U.S. Department of State Country Reports on Human Practices documents the following types of
torture at the hands of the Uzbek authorities: suffocation, electric shock, rape and sexual abuse, beatings. The
country report also referenced a February 2003 report by the U.N. Special Rapporteur on Torture, which
concluded that torture or similar ill-treatment was systematic. See Report of the Special Rapporteur on Torture,
Mission to Uzbekistan, E/CN.4/2003/68/add.2, February 3, 2003 [online]
http://daccessdds.un.org/doc/UNDOC/GEN/G03/107/66/PDF/G0310766.pdf?OpenElement (retrieved March 19,
2005).
113
Press Conference by the President, March 16, 2005 [online]
http://www.whitehouse.gov/news/releases/2005/03/20050316-2.html (retrieved March 19, 2005).
114
Ibid.
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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