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U.S. Rep. Edward
Markey, Democrat of Massachusetts, has introduced a bill of crucial
importance to our collective efforts to abolish torture. The bill
needs and deserves our strong and urgent support. Rep. Markey is a
senior member of the Committee on Homeland Security.
As discussed below,
after Sept. 11 the United States greatly increased its practice of
“extraordinary rendition.” Under this practice, a person detained
abroad or in the
United States
under suspicion of terrorist links, may be sent to a third country
for interrogation even though that country is well known for its use
of torture. In short, we have been engaging in a broad practice of
“torture by proxy.”
The extraordinary
rendition practices are in fact a serious violation of both
international treaties as well as U.S. domestic laws. Under Rep.
Markey's bill, such practice would be expressly banned.
Action
Please call or
write your members of Congress now to express your vigorous support
for Rep. Markey's “The Torture Outsourcing Prevention Act.” The
congressional switchboard telephone number is 202-224-3121. Your
calls have impact! You may also send a written message via e-mail
through our online
Legislative Action Center.
Message
-- I urge you to give your strongest support to Rep. Markey's
“Torture Outsourcing Prevention Act,” which would ban the practice
of sending detainees to a third country known for its torture
practices.
-- Torture has been abhorrent to our national values since
the days of the Framers of the Constitution. Patrick Henry himself
stated that torture was left behind in the
Old World for good cause, and if permitted here we are “lost and
undone.”
-- Sending persons to a third country where they will face
torture is also illegal. It violates the Convention Against Torture,
and it also violates
U.S.
criminal law, including the War Crimes Act and also the anti-torture
statute.
-- Your constituents not tolerate any
U.S. practices
which will cause a person to be subjected to torture. We flatly
reject the policy of “torture by proxy.”
-- These practices do not protect us; they endanger us by
fomenting hatred against Americans abroad, especially our servicemen
and women.
Background
In the post-Sept.
11 era, the U.S. government began to seize a number of “suspects”
captured abroad and send them, without benefit of any court hearings
of any kind, to third countries for interrogation. The selected
third countries were all well known for their systematic use of
torture. Often, a CIA or other intelligence official would even
accompany the prisoner, and help prepare the questions to be asked.
For good reason the practice is often called “torture by proxy”.
This practice has
resulted in the severe torture of a number of detainees. The case of
Maher Arar received a great deal of publicity more than a year ago,
yet the practice continued. Mr. Arar had been a Canadian citizen
since his teens, and was happily married there and running a
successful business. He was seized in JFK Airport in New York City
and without a court hearing, was sent by
U.S.
officials to Syria for his interrogation. He was severely tortured
and held in a tiny pit for nearly 10 months before his frantic
family – with the help of the Canadian government – obtained his
release without charges. Since then, numerous similar cases have
been reported and documented.
For other similar
cases, and further information about this practice, see Jane Mayer's
article in the Feb 14 issue of The New Yorker magazine,
“Annals of Justice: Outsourcing Torture.”
The practice of
torture by proxy, or extraordinary rendition, is a violation of the
Convention Against Torture, to which the U.S. is a signatory. With
regards to persons detained in Iraq and Afghanistan it is also a
violation of the Geneva Conventions. U.S. domestic laws include two
criminal statutes making it a felony to conspire to subject a person
to torture, whether directly or by an intermediary.
by Jennifer Harbury
Director, UUSC STOP (Stop Torture Permanently) Campaign
Posted
March 7, 2005 |