Torture and the fight against terror

Geneva, January 28th, 2003 The mounting public acceptance of torture is enabling an allied regime of abuse The International Secretariat of the World Organisation Against Torture (OMCT), the world’s largest coalition of non-governmental organisations (NGOs) engaged in the fight against torture, would like to express its deep concern about increased questioning of the prohibition of the use of torture in countries that had previously vigorously upheld the absolute nature of this prohibition. This is now enabling the nations allied in the so-called “war against terror” to actively engage in the use of torture, either through their security services or those of states known to have poor human rights records, according to allegations made in the Press. OMCT and members of its global network wish to express their grave concerns in relation with this worrying trend, which, in the post-September 11th epoch, is leading to widespread violations of international human rights and humanitarian law, notably the Convention Against Torture. Basil Fernando, the Executive Director of the Asian Human Rights Commission, a member of the OMCT network, stated in a recent press release that, “the argument favouring limited use of torture is contradicted by all of our experience.” He continued, “When torture is no longer absolutely prohibited, law enforcement attitudes change. Over time, the mentality that torture is acceptable comes to infect the entire system, and even persons accused of normal crimes get the same treatment as suspected terrorists…Terrorists do not suffer in such an environment: rather, they thrive in it. As the system of law enforcement collapses, they obtain many practical advantages, and are also prepared for any consequences.” Concerning these issues, Eric Sottas recently stated during an interview that, “it is a trend that has been observed in different countries since September 11th and we have to remain vigilant to ensure that antiterrorist measures are compatible with fundamental freedoms, such as the presumption of innocence and the prohibition of torture.” Eric Sottas added that, “there is no doubt that security is a right and OMCT will never take the position that nothing should be done to fight against violence, our position is that what has to be done must remain within the limits of the rule of law.” Of particular concern are allegations made in an article published by the Washington Post on December 26th, 2002, entitled “U.S. Decries Abuse but Defends Interrogations,” which claims that techniques of interrogation that constitute torture are being used on al-Qaeda and Taliban captives in secret CIA interrogation centres, such as in the Bagram Air Base in Afghanistan and on the island of Diego Garcia, a British-owned island in the Indian Ocean that the US leases. These centres, which are off-limits to outsiders and even other US Government Agencies, reportedly enable the CIA and its intelligence service allies to have the leeway to exert physically and psychologically aggressive techniques. Following their capture, prisoners are reportedly sometimes fitted with hoods and gags, bound to stretchers with duct tape for transportation; and then commonly blindfolded and thrown into walls, bound in painful positions, subjected to loud noises and deprived of sleep in order to break their resistance. Within these centres, detainees are reportedly “kept standing or kneeling for hours, in black hoods or spray-painted goggles…held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights -- subject to what are known as "stress and duress" techniques.” It is worth noting that the UN Committee against Torture has stated in the past that such methods, in particular when used in combination, constitute torture. Furthermore, painkillers have reportedly been used “selectively” on wounded prisoners. The US officials interviewed by the Washington Post “expressed confidence that the American public would back their view” concerning the necessity of these techniques. Some 3,000 suspected al-Qaeda members and their supporters have been detained worldwide since Sept. 11, 2001, with about 625 being held at Guantanamo Bay, Cuba, while thousands have been arrested and held with U.S. assistance in countries known for brutal treatment of prisoners, according to these reports. Further to this, nearly 100 detainees who have not collaborated have reportedly been handed over in “extraordinary renditions” to countries - such as Egypt, Jordan, Morocco, Saudi Arabia and even Syria – that the US State Department as well as International Human Rights Organisations, OMCT included, have previously denounced for their use of torture. It is alleged that while the US publicly denies any knowledge of the use of torture upon detainees that have been handed over to these countries, it is gathering and making use of the information that these interrogations produce. Considering the gravity of the content of these reports, OMCT would like to urge the Government of the United States of America to invite the United Nations Special Rapporteur on Torture to visit Bagram Air Base in order to dispel these allegations. Furthermore, OMCT recalls that under article 5 of the United Nations Convention against Torture, to which the United States is Party, it has the obligation to “take such measures as may be necessary to establish its jurisdiction,” enabling the taking of legal action in response to acts of torture, not only when such acts are committed in any territory under its jurisdiction but also whenever the alleged offender is a national. Moreover, OMCT notes that the United Kingdom has issued a standing invitation to all of the Thematic Special Procedures of the United Nations Commission on Human Rights and should therefore grant them access to detention centres under its jurisdiction.

For further information, please contact: Michael Anthony - tel: + 41 22 809 49 39, e-mail: ma@omct.org