U.S. torture policies reach flashpoint on Capitol Hill

The battle over U.S.-sponsored torture has intensified. If we do not speak out now, there is a good chance that for the first time in our nation's history, torture and cruel and degrading treatment will be legalized and detainees may lose their right to challenge their detention in court. These measures will likely be decided within the next two weeks.

On October 5, 2005, Sen. John McCain, R-Ariz., won a landslide vote (90-9) in the Senate for his measure prohibiting all forms of cruel, inhuman, and degrading treatment of the detainees. Although torture is already prohibited by U.S. domestic laws, some officials are trying to claim that horrific methods such as "waterboarding" are not quite torture, but instead "merely" inhumane treatment. This claim contradicts the clear definitions in our own criminal statutes, and should not stand up in court. As Sen. McCain has noted, waterboarding is in fact exquisite torture. Given this situation, cruel and inhuman treatment, already banned by our international treaties, requires urgent attention. President Bush has, from the outset, threatened to veto any bill that contains the McCain language, even though he has recently proclaimed that the "U.S. does not torture." Vice President Dick Cheney is openly lobbying the Defense committee appropriators for a special exemption for the CIA. These are efforts to legalize de facto torture.

Meanwhile, Sen. Lindsey Graham, R-S.C., proposed and passed an amendment that would deny the detainees in Guantánamo the right to challenge their detentions in the U.S. courts, despite last year's ruling by the Supreme Court to the contrary. In short, a prisoner who was mistakenly detained would have no access to our courts via the habeas corpus mechanism. Habeas corpus is one of our most fundamental civil rights. Sen. Levin then passed a compromise measure that would permit habeas corpus rights to detainees sentenced to ten years or more of prison. In short, innocent persons could spend years in Guantánamo without any redress to the courts.

Both measures will soon be decided at the House-Senate Conference Committees. We must remember that while these skirmishes continue on Capitol Hill, a number of detainees are nearing death in Guantánamo as a result of their long term hunger strikes against their brutal treatment.

The question of U.S. torture policies has reached a historic turning point. In response to this crisis, UUSC is calling for a National Call-In Campaign. This can be done swiftly and flexibly, but requires massive participation. Congress is currently in recess for the Thanksgiving holiday but will return in December to vote on these issues.

Take action now!

We ask all of our constituents call their U.S. representative and both senators, not just once, but several times each week. We need to make our voices heard throughout the holiday season in order to defend civil liberties and to protect Sen. McCain's efforts from "special exemptions." We also ask, however, that everyone contact at least five friends this week, and discuss the issue with them. Ask them to also make the calls and to pass the word on to others. Please send us feedback at stoptorture@uusc.org, so that we can monitor our progress and provide support.

If you can share this information with other faith and human rights groups in your area, please do so. Additionally, an area "call-in day" can be announced, and at a certain location, information and cell phones can be provided to passers-by to make the call then and there. The key is to get thousands upon thousands of personal calls going to our national representatives on an urgent and ongoing basis.

• Personal phone calls have the most impact. Please call the offices of your Congress members in Washington, D.C. Call the Capitol switchboard directly at 202-224-3121 where you can ask to be connected to your representative's office. Ask to speak with your members of Congress, and specifically the legislative aide in charge of human rights or the detainee issues. If they are not available, leave your message with any person there, including the secretary. Try to call several times a week and ask for an update on your Congresspersons' position.
• You also may use our online Legislative Action Center for links to your Congress members' websites, where you will find direct telephone numbers to their Washington offices.
• If you wish, you can also visit our Legislative Action Center to send an immediate message by e-mail.

Talking points for phone calls

1. I am calling to vehemently oppose any measure that would permit special authorizations of the torture or inhuman treatment of any detainees. I am equally opposed to the suspension of the habeas corpus rights of the detainees
2. Please act now to protect Sen. McCain's measure against cruel, inhuman, and degrading treatment of the detainees from the exceptions proposed by Vice President Cheney. Please also oppose the Senate's measure to suspend habeas corpus for any detainee.
3. Torture and inhuman treatment are profoundly immoral. I agree with Sen. McCain that "it is not about them, it is about us."
4. Torture and inhumane treatment are also illegal.
5. Torture and inhuman and degrading treatment do not strengthen our national security. Rather, they dishonor and endanger us by increasing and hatred against us. The first to suffer are our own troops.
6. There can always be errors in arrest and detention during times of war. This is why the 22-year-old taxi driver known only as Dilawar was detained in Afghanistan for an attack later determined to have been carried out by another person. Meanwhile, Dilawar was tortured to death by U.S. soldiers. The forensic report stated that his leg had been "pulpified" by blows.
7. For this reason, our time-honored mechanism of habeas corpus must never be suspended or restricted in any way. All prisoners should have the right to at least be heard in court of law about whether or not they have been wrongfully detained.
8. We demand that a special prosecutor such as Patrick Fitzgerald be appointed to investigate illegal actions already ordered by our national leaders. Please press for such a measure at once.

Background

Cruel and Inhuman Treatment

As discussed above, many government officials are now trying to create a loophole that would permit de facto torture practices to be carried out by US officials. They seek to achieve this by insisting that the current US techniques documented in Iraq, Afghanistan and Guantánamo are not really torture, but rather merely "cruel and inhuman." This is obviously incorrect, and our felony statutes give clear definitions of both mental and physical torture. Moreover, our treaties also ban cruel and inhuman treatment. Senator McCain's bill is thus critically important to our STOP torture efforts, and needs our full and urgent support.

Attack on habeas corpus

Democrats voting for the Graham amendment on habeas corpus include Sens. Joseph Lieberman of Connecticut, Ben Nelson of Nebraska, Kent Conrad of North Dakota, Mary Landrieu of Louisiana, and Ron Wyden of Oregon. On November 15, Sens. Landrieu and Wyden reversed themselves by supporting the attempt by Sen. Jeff Bingaman, D-N.M., to strip the Graham habeas corpus language from the bill, but it was defeated 44-54. A compromise measure crafted by Sen. Carl Levin, D-Mich., and Graham passed 84-14. It permits habeas corpus, but only for prisoners sentenced to death or more than 10 years of detention. That means that a person who has been wrongfully arrested and sentenced by a military court could remain in Guantánamo for up to 10 years with no court review at all. The defense policy bill (S.1042) now moves to its own House/Senate conference committee. Congress could act at any time.

The FY2006 Defense Appropriations bill (H.R.2863) funds all military activity. The FY2006 Defense Authorization bill (S.1042) sets military policy and funding levels for the coming year. The White House has threatened to veto any bill including these defense bills if the McCain amendments were included without the CIA exemption.

For more information on these issues, please see "Why Torture Should Never Be an Option," by Larry Johnson, Los Angeles Times, November 11, 2005, and "Torture’s Terrible Toll," by John McCain, Newsweek magazine, November 21, 2005