Department of Defense (“Department of Defense”) and other relevant departments and agencies of the United States government. 242 for the intentional deprivation of the victim's liberty without due process under color of law;.
Non-refoulement)
As discussed in the first report, the regulations implementing Article 3 of the Torture Convention allow foreign nationals to make claims under Article 3 in the course of the immigration removal process. The State Secretary assesses the requests for protection under Article 3 of the Torture Convention after the judicial extradition procedure has been completed.
Torture as a criminal offense)
A panel of the United States Court of Appeals for the Ninth Circuit has ruled that a fugitive facing extradition has a statutory right to judicial review of his torture claims. A second panel of the Ninth Circuit later reversed that decision, holding that the Secretary of State's decision to extradite a fugitive is not subject to judicial review, consistent with the executive branch's position.
Jurisdiction)
7 of Title 18 of the United States Code, which defines the Special Maritime and Territorial Jurisdiction (SMTJ) of the United States. Although neither law is specifically designed to address torture, both laws in fact complement the separate jurisdictional reach of the extraterritorial criminal torture statute.
Detention and preliminary inquiry in cases of extradition) and Article 7 (Extradite or prosecute)
Therefore, in order for the extraterritorial criminal torture statute to apply, the conduct must fall within the definition of torture, it must have occurred after the statute's effective date (Nov.) and it must have occurred "outside the United States. As a result of initial investigations in some cases, although criminal charges were not brought under the extraterritorial criminal statute, immigration charges resulted.
Extraditable offenses)
Mutual legal assistance)
Education and Information)
Interrogation techniques)
Prompt and impartial investigation)
Right to complain)
Agency for International Development (USAID) to support centers abroad and programs for the treatment of victims of torture. The Center for Victims of Torture (CVT) in Minneapolis, Minnesota provides technical assistance to these organizations.
Right of redress and/or compensation)
The United States continues to be a haven for victims of persecution in foreign countries, including victims of torture. There are various private facilities in the United States for the treatment of individuals who have suffered torture abroad.
Coerced statements)
As described in the first report, the Torture Victims Protection Act of 1992 allows both foreign nationals and citizens of the United States to seek damages against any person guilty of torture or extrajudicial execution under "actual or apparent authority, or under the color of the law of a foreign nation". .” It allows trials for torture or extrajudicial killings committed by officials of foreign governments. In July 2002, after a four-week trial of a lawsuit filed under the TVPA, a federal jury in Florida's Southern District of West Palm Beach returned a $54.6 million verdict against two Salvadoran generals for their responsibility for the torture of three Salvadorans in the early 1980s.
Other cruel, inhuman or degrading treatment or punishment)
OBSERVATIONS ON THE COMMITTEE’S CONCLUSIONS AND RECOMMENDATIONS
The Committee expressed concern about the "failure of the State Party to adopt a federal crime of torture in accordance with article 1 of the Convention". The Committee expressed concern about the "Reservation submitted to Article 16, contrary to the Convention, the effect of which is to limit the application of the Convention". The Committee expressed its concern about "The use of electric shock devices and restraint chairs as coercive methods, which may violate the provisions of Article 16 of the Convention".
The committee expressed concern about "Keeping juveniles (juveniles) with adults in the regular prison population."
ANNEXES Annex 1
BACKGROUND ON THE WAR AGAINST AL-QAIDA, THE TALIBAN AND THEIR AFFILIATES AND SUPPORTERS
That day, the United States suffered massive and brutal attacks by nineteen al-Qaeda suicide bombers. The seriousness of the threat posed by al-Qaeda and its supporters to the security of the United States forced it to act in self-defense. On October 7, 2001, President Bush invoked the United States' inherent right of self-defense and, as Commander-in-Chief of the United States Armed Forces, ordered the U.S.
The attacks began as the United States and coalition forces launched “strikes against al-Qaeda terrorist training camps and military installations of the Taliban regime.
S. Armed Forces at Guantanamo Bay and in Afghanistan
Terrorists linked to major Al Qaeda attacks on the United States, such as the East African American Terrorists who received instruction or training in weapons, explosives, surveillance, and interrogation resistance techniques at Al Qaeda camps;. An al-Qaeda explosives trainer who provided information on the September 2001 assassination of Northern Alliance leader Ahmad Shah Masoud;.
An al-Qaeda member who served as an explosives instructor for al-Qaeda and designed a prototype shoe bomb and magnetic mine; and.
Status of detainees at Guantanamo Bay and in Afghanistan
The government instituted a process on July 7, 2004 to conduct Combatant Status Review Tribunals (CSRTs) at Guantanamo Bay. The tribunals were established in response to the Supreme Court decision in Rasul and draw on the guidelines in the U.S. Supreme Court decision in Hamdi that would apply to civilian enemy combatants in the United States.
Combatant Status Review Tribunals (CSRTs) for detainees at Guantanamo Bay Between August 2004 and January 2005, several Combatant Status Review Tribunals.
Combatant status review tribunals (CSRTs) for detainees at Guantanamo Bay Between August 2004 and January 2005, various Combatant Status Review Tribunals
The detainee has the right to (a) call reasonably available witnesses, (b) cross-examine witnesses called by the court, (c) testify or otherwise address the court, (d) not be compelled to testify, and (e) participate in the open meeting. parts of the case;. The rules give the detainee the right to receive an unclassified summary of the evidence prior to the questioning in the detainee's native language and to introduce relevant documentation. Members of the media, the International Committee of the Red Cross (ICRC) and non-governmental organizations can observe military commissions and the unclassified parts of.
Thirty-eight prisoners were found to be no longer enemy combatants; twenty-three of them were later released to their homeland, and at the time of this report, arrangements are being made for the release of the others.
Assessing detainees for release/transfer 1. Guantanamo Bay
- Afghanistan
The ARB assesses whether an enemy combatant continues to pose a threat to the United States or its allies, or whether there are other factors that bear on the need for continued detention. The process allows the detainee to appear in person before an ARB panel of three military officers to explain why the detainee is no longer a threat to the United States or its allies and to provide information in support of the detainee's release. The United States releases prisoners when it believes they no longer continue to pose a threat to the United States and its allies.
It is often difficult to estimate whether a person released from Guantánamo will return to fight and pose a threat to the United States or its allies.
Transfers or releases to third countries
The commanding officer or designee reviews the initial determination that the detainee is an enemy combatant. This assessment is based on all available and relevant information available at the date of the assessment and may be subject to further assessment based on newly discovered evidence or information. If a detained combatant commander determines, as a result of the periodic status review of the enemy combatant (90 days or annually), that a detainee no longer meets the definition of an enemy combatant, the detainee will be released.
These statements describe in more detail the application of the policy described above as it applies to the detainees at Guantanamo Bay, and are attached as Tab 1 to this appendix.
Military commissions to try detainees held at Guantanamo Bay
Access to U.S. courts
- DETAINEES - TREATMENT
The District Court for the District of Columbia had jurisdiction to hear habeas challenges to the legality of the detention of foreign nationals at Guantanamo. The Court recognized that the detention of such individuals is such a fundamental and recognized incident of war that it is part of the "necessary and appropriate". The Constitution requires "notice of the factual basis for the [citizen-detainee] classification and a fair opportunity to rebut the government's factual assertions before a neutral decision maker." Id.
A majority of the Court observed: “There is a possibility that the [due process] standards we have articulated may be met by a duly constituted and authorized court-martial” and offered as a benchmark for comparison the rules entitled, Prisoners enemy of War, retained personnel, civilian internees and other prisoners, Army Regulation 190-8,.
Description of conditions of detention at Department of Defense facilities 1. Guantanamo Bay
The United States allows the International Committee of the Red Cross to visit privately with every detainee in DoD custody at Guantanamo. The primary focus of DoD detainee operations in Afghanistan is to secure detainees from harm, recognizing the reality that the US Department of Defense provides detainees in Afghanistan with adequate food, shelter, clothing, and opportunity to worship.
The Ministry of Defense also provides Afghan prisoners with information about the establishment of the new Afghan government, as well as a copy of the Afghan constitution.
Allegations of mistreatment of persons detained by the Department of Defense 1. Introduction
- Reports of abuses, summary of abuse investigations and actions to hold persons accountable - Guantanamo Bay
- Reports of abuses, summary of abuse investigations and actions to hold persons accountable - Afghanistan
- TRAINING OF U.S. ARMED FORCES
The summary of the report was released on March 10, 2005 and was based on data available as of that date. Vice Admiral Church found that "the vast majority of detainees held "under DoD control" have been treated humanely, and that the vast majority of U.S. UN Security Council Resolution 1546 authorizes MNF-I to take all necessary action to contribute to the maintenance of security and stability in Iraq in accordance with letters to the Chairman of the Security Council from Dr.
The vast majority of the detained population is composed of individuals detained for compelling security reasons, in accordance with UN Security Council Resolution 1546.
Status review of detainees
MNF-I may detain such criminal detainees in its facilities at the request of appropriate Iraqi authorities. In addition to security internees, the MNF-I holds a small number of enemy prisoners of war (EPWs) and, on behalf of the ITG, a number of persons suspected of violating Iraqi penal laws. The MNF-I has established several US-operated detention facilities in various locations throughout Iraq.
Decisions on continued detention or release of detainees
- DETAINEES - TREATMENT A. Description of conditions of detention in
The CRRB meets and reviews detention cases several times a week and reviews about 100 detention files at each meeting. In accordance with the Geneva Conventions, the case of each detainee who remains in MNF-I detention is reviewed at least once every six months. The CRRB reviews the status of each detainee and recommends one of three options: release, parole, or continued detention.
S. Department of Defense facilities
Allegations of mistreatment of persons detained by the Department of Defense
- Legal framework
- Reports of abuses and summary of abuse investigations
- Summary of actions to hold persons accountable
Army Regulation (AR) 190-8 provides policies, procedures, and responsibilities for the management and treatment of enemy prisoners of war (EPW), detained personnel (RP), civilian internees (CI), and other detainees in custody under U.S. policy, with respect to the treatment of EPW, CI and RP in US Armed Forces custody is as follows:. These photographs, which show acts of abuse and mistreatment of detainees by certain members of the US armed forces in Iraq, have been abhorrent to the people of the United States and others around the world.
Finally, the highest levels of the Department of Defense are reviewing and acting on all the reports and investigations.
Remedies for victims of abuse
- LESSONS LEARNED AND POLICY REFORMS
Issued regulations on "Procedures for Investigations of Deaths of Detainees in Custody of the United States Armed Forces"; and. Ensuring broad publication of the findings of reports and investigations by publishing non-classified information on the Ministry of Defense website. 824 (June Torture anywhere is an insult to human dignity everywhere."); see also Message from the President of the United States Transmitting the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, S.
100-20, at ii (1988) (“Ratification of the Convention by the United States will clearly express the United States' opposition to torture, an abhorrent practice still prevalent in the world today.”).
