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Tell Congress to reject anti-terror legislation that permits torture |
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The Senate Bill, S. 2845 is less restrictive. At this time the House and Senate have reached no agreement, and the matter is in conference. The conferees hope to reach an agreement and vote during the lame-duck period following the elections. In short, there is a very real possibility that some of the torture provisions could be included in the final bill. The specific measures in question are set forth below. If these provisions are enacted into law, it will be the first time in the history of the United States that the flat prohibition against all forms of torture is congressionally compromised. Such provisions will also place us in direct violation of numerous international laws and treaties. Action Call and/or write your elected members of Congress. See the list below of key senators and representatives to contact, and visit our online Legislative Action Center to send immediate messages to your elected policy makers. Please make emergency telephone calls to as many of the following congressional offices as you can and voice your vehement opposition to these provisions. The list is lengthy, but can be shared between you and your friends. The most important persons to call are Representatives Hastert, Hoekstra, Menendez and Harman, and Senators Lieberman and Collins. Senate:
Susan Collins, Maine, 202.224.2523 House:
Peter Hoekstra, R-Mich., 2nd, 202.225.4401 Message -- I am calling to vigorously oppose all provisions of H.R. 10 which would de facto place certain persons in danger of torture as a result of U.S. actions. -- I vigorously oppose any provisions of any kind which would permit sending a person to a country where he or she faces torture. -- I also strongly object to such draconian anti-immigrant provisions. Immigrants have made enormous contributions to our nation and must not be subjected to abuse or injustice. -- Regarding Sec. 3032, I am shocked and appalled by the original provision, which permitted the removal of a person to a nation known to engage in torture, so long as ìdiplomatic assurancesî were first received. As we learned in the case of Maher Arar, such assurances mean nothing at all. If we do not want the person to be tortured, we should not send him or her to a country where torture regularly occurs. We oppose any measures which create any possibility of a person being sent to a country where he or she might be tortured. -- Regarding Sec. 3010, I object to this provision because it would suspend, for the first time since the Civil War, the writ of habeas corpus under certain circumstances. This will in turn facilitate the deportation of some detainees to countries where they could face torture. Once again, we must remember that our system of checks and balances was established for good reason. We need all decisions by the Department of Homeland Security to be placed under full judicial review, and we need guarantees that no person will be sent to a nation where torture could occur. -- Meanwhile, I support and applaud the protective provisions proffered by the Senate, in particular Sec. 1014, prohibiting the torture or cruel, inhuman and degrading treatment if any prisoners. We urge that this provision be supported by all members of Congress. Background In the aftermath of Sept. 11, in-depth investigations have been carried out by the United States government leaders to determine why our national intelligence system failed to predict and prevent the attack, and what additional law enforcement reforms might be needed. This year, the 9/11 Commission presented a number of recommendations. Both the House of Representatives and the Senate have initiated legislation to embody some of these recommended reforms. Unfortunately the House bill, H.R. 10, has included draconian restrictions on basic civil liberties, and also risks sending people to countries where they face torture in violation of international law. Torture has been prohibited since the framing of the Constitution and the Bill of Rights. As Patrick Henry himself noted with passion, the original colonists arrived in this country because they were fleeing the horrors of the rack, screw and Star Chamber. Our laws, constitution and treaties have always forbidden any official acts of torture or support for torture. If we forget this, we are, in his words, ìlost and undoneî. The United Nations Convention against Torture as well as many sections of the Geneva Conventions prohibit the U.S. from sending or deporting any person to another country where he or she could be tortured. Any lifting of the writ of habeas corpus or any other denial or restriction of judicial review is equally dangerous. Unchecked power will lead to corruption and the abuse. All actions by Homeland Security must at all times be fully reviewable by the courts of law. Posted Nov. 5, 2004 |
