Amnesty International is concerned by the practice of "extraordinary renditions" in which the United States is transferring individuals for interrogation to countries with a record of using torture. U.S. laws and international treaties prohibit the transfer of suspects to countries where they are likely to face torture. Nonetheless, the U.S. Government is reported to have sent or been complicit in sending individuals to countries such as Jordan, Syria, Morocco and Egypt -- all countries the U.S. has criticized for practicing torture. The Administration has justified these transfers by obtaining "diplomatic assurances" from countries with dubious human rights records. Congress must act to ensure compliance with U.S. law and protection of basic human rights.

"Extraordinary renditions" are morally wrong and violate U.S. and international law. The U.S. ratified the UN Convention Against Torture and adopted legislation to help implement the treaty obligations through the Foreign Affairs Reform and Restructuring Act of 1998 ("FARRA"). The Torture Convention prohibits nations from deporting persons to a country where there is substantial grounds to believe that torture will occur. FARRA states: "It shall be the policy of the United States not to expel, extradite, or otherwise affect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States."

Assurances from countries with such a long and well documented history of torture are insufficient. In its periodic review of the United States' compliance with the Torture Convention, the UN Committee Against Torture rejected the use of such assurances, stating: "When determining the applicability of its non-refoulement obligations under article 3 of the Convention, the State party should only rely on 'diplomatic assurances' in regard to States which do not systematically violate the Convention's provisions." The Committee also found that the practice of rendition to countries with a record of torture violates US obligations under the treaty. In its report, the Committee stated: "The State party should apply the non-refoulement guarantee to all detainees in its custody, cease the rendition of suspects, in particular by its intelligence agencies, to States where they face a real risk of torture, in order to comply with its obligations under article 3 of the Convention."

The case of Mahar Arar brought public attention to "extraordinary renditions." U.S. authorities detained Arar, a Canadian citizen of Syrian descent, at New York's JFK airport where he was in transit to Canada. He was interrogated for several days and denied access to counsel and family. He was flown against his will to Jordan where he reports being beaten during detention. Arar was then forcibly transferred to Syria where he was held for ten months and reportedly tortured. Canadian officials secured his release and he now resides with his family in Canada. The Arar case raises many questions about how the decision was made to deport him to Syria, even though he expressed fear of torture if returned to Syria. Amnesty International has documented several other similar cases.

Congressman Edward Markey (MA) introduced H.R. 952, the "Torture Outsourcing Prevention Act," and Senator Patrick Leahy (VT) introduced S. 654, the "Convention Against Torture Implementation Act," to require a stringent standard for the transfer of a detainee to a country that has a history of torturing detainees. The bills would deem insufficient diplomatic assurances from such regimes. This legislation is an important step in affirming U.S. commitments to prevent torture, and helps restore U.S. credibility on human rights.


AMNESTY INTERNATIONAL USA RECOMMENDATIONS:

• Members of Congress should cosponsor and pass H.R. 952 and S. 654, or similar legislation, to end the practice of "extraordinary renditions."
• Congress and the Administration should recommit to uphold U.S. and international laws against torture.
• The Administration should discontinue the practice of seeking diplomatic assurances from countries with a record of torture and end the practice of "extraordinary renditions."
  
  
  
  

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