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FM
Former Member

After CIA torture revelations, United States must now recover moral high ground – UN expert

11 December 2014, Source - UN Org.

 

 

Mr. Juan Mendez, Special Rapporteur on Torture, Cruel, Inhuman or Degrading Treatment or Punishment. UN Photo/Rick Bajornas

 

11 December 2014 – The United States' use of torture when interrogating prisoners captured in its “War on Terror” has damaged the country's moral high ground and created a set-back in the global fight against the condemnable practice, a United Nations human rights expert has declared.

 

“The example set by the United States on the use of torture has been a big draw-back in the fight against such practice in many other countries throughout the world,” Juan Mendez, the UN's Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, said in a news release today.

 

As a Special Rapporteur with a mandate to visit numerous countries across the globe, he added that now Member States were either implicitly or explicitly telling him “Why look at us? If the US tortures, why can't we do it?”

 

“We have lost a little bit of the moral high ground,” he continued. “But it can be regained and it should be regained.”

 

Mr. Mendez's comments follow the long-awaited release of the US Senate Intelligence Committee's report on CIA interrogation techniques which concluded that US high officials promoted, encouraged and allowed the use of torture after the 9/11 terrorist attacks and during President George W. Bush's administration. The practice, known as “enhanced interrogation techniques,” was terminated by President Barack Obama.

 

The Special Rapporteur commended the “thorough and frank” report, particularly as it managed to break through a wall of silence put into place by the former administration which, he said, had “aggressively and repeatedly rejected the principles of transparency and accountability and maintains the pattern of denial and defense.”

 

“It is the Government's responsibility to let the US people know what happened during the years when extraordinary rendition, secret detention, and so-called enhanced interrogation techniques were practiced, and to ensure accountability and transparency to the fullest extent possible.”

 

Mr. Mendez noted that despite the United States' continued use of torture in interrogating prisoners suspected of affiliations with terrorist groups, the practice was not an effective means of acquiring intelligence or gaining cooperation from detainees. Instead, he added, the torture programmes had made the matter of terrorism worse and provided “a breeding ground for more terrorism.”

 

“As a nation that has publicly affirmed its belief that respect for truth advances respect for the rule of law, and as a nation that frequently calls for transparency and accountability in other countries, the United States must rise to meet the standards it has set both for itself and for others.”

 

Source - http://www.un.org/apps/news/st...D=49578#.VIn6Ocm8qpw

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UN expert calls for prosecution of CIA, US officials for crimes committed during interrogations

9 December 2014, Source - UN Org.

 

Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Ben Emmerson. UN Photo/Jean-Marc Ferré

 

9 December 2014 – A United States Senate report has confirmed what the international community has long believed – that there was a clear policy orchestrated at a high level within the Bush Administration which allowed to commit gross violations of international human rights law, the United Nations Special Rapporteur on counter terrorism and human rights said today.

 

Released this afternoon, the so-called Feinstein report, after long-time US Senator Dianne Feinstein who chaired the Senate Select Committee on Intelligence that compiled the document, probes crimes of torture and enforced disappearance of terrorist suspects by the Bush-era CIA.

 

“It has taken four years since the report was finalised to reach this point,” said Ben Emmerson in a statement.

 

Now it is time to take action, he added. “The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes,” he said.

 

Identities of the perpetrators, and many other details, have been redacted in the published summary report but are known to the Select Committee and to those who provided the Committee with information on the programme.

 

“The fact that the policies revealed in this report were authorized at a high level within the US Government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability,” Mr. Emmerson explained.

 

International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes.

 

The US is legally obliged, by international law, to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction.

 

“States are not free to maintain or permit impunity for these grave crimes,” Mr. Emmerson said.

 

It is no defence for a public official to claim that they were acting on superior orders. CIA officers who physically committed acts of torture therefore bear individual criminal responsibility for their conduct, and cannot hide behind the authorisation they were given by their superiors.

 

However, the heaviest penalties should be reserved for those most seriously implicated in the planning and purported authorisation of these crimes. Former Bush Administration officials who have admitted their involvement in the programme should also face criminal prosecution.

 

“President Obama made it clear more than five years ago that the US Government recognizes the use of waterboarding as torture. There is therefore no excuse for shielding the perpetrators from justice any longer. The US Attorney General is under a legal duty to bring criminal charges against those responsible,” he said.

 

Torture is a crime of universal jurisdiction. The perpetrators may be prosecuted by any other country they may travel to. However, the primary responsibility for bringing them to justice rests with the US Department of Justice and the Attorney General.

 

Independent experts or special rapporteurs are appointed by the Geneva-based Council to examine and report back on a country situation or a specific human rights theme. The positions are honorary and the experts are not UN staff, nor are they paid for their work.

 

Source - http://www.un.org/apps/news/st...D=49560#.VIn87sm8qpw

FM

Washington (CNN) -- Former Vice President Dick Cheney called a Senate panel's report on U.S. interrogation tactics during George W. Bush's administration is "deeply flawed" and a "terrible piece of work."

"The report's full of crap," he said in an interview with Fox News on Wednesday evening.

 

Should we take him seriously?

FM
Originally Posted by Cobra:

Washington (CNN) -- Former Vice President Dick Cheney called a Senate panel's report on U.S. interrogation tactics during George W. Bush's administration is "deeply flawed" and a "terrible piece of work."

"The report's full of crap," he said in an interview with Fox News on Wednesday evening.

 

Should we take him seriously?

The World Court should drag his Ass there to be prosecuted!!!!

Nehru

Washington (CNN) -- CIA Director John Brennan on Thursday defended harsh interrogation techniques as providing "useful" information to authorities, including in the raid that led to the death of Osama bin Laden. But he said it is "unknowable" what information could specifically be attributed to those techniques.

 

Should we take him seriously?

FM

John Brennan, CIA Director, made it quite clear that ...

 

1. US_of_A has the right to exercise all form of torture.

2. US_of_A then determines what is right, plausible and wrong.

3. US_of_A continues its activities as normal.

4. Countries must comply with the actions of the US_of_A.

FM

What I do find quite confusing is;

 

Our countries train these soldiers to kill,they are trained killers,their brains have been bombarded with taking the enemy out, they go out and kill, they are charged for killing, hmmmm!

cain
Last edited by cain

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