U.S. shifts to ban cruelty to detainees
abroad
U.S. shifts to ban cruelty to detainees abroad
By Saul Hudson
December 7, 2005
KIEV (Reuters) - The United States explicitly banned its interrogators
around the world from treating detainees inhumanely in a policy shift made
public on Wednesday under pressure from Europe and the U.S. Congress.
President George W. Bush's administration had always said U.S. personnel
could not torture prisoners anywhere.
But it had previously made a distinction for less extreme tactics known as
"cruel, inhumane and degrading" treatment, saying the United States only had to
prevent that from occurring on U.S. territory to meet its pledges under a U.N.
convention.
Human rights groups say the Central Intelligence Agency exploited that
loophole to mistreat detainees abroad, for example making them feel like they
were drowning.
U.S. interrogators have used such tactics in places such as Afghanistan
because they could argue technically it did not amount to torture, and even
though it was cruel the Bush administration allowed them to do it, the groups
say.
But on a trip to Europe to defuse widespread anger over U.S. treatment of
detainees, Secretary of State Condoleezza Rice articulated a new legal
interpretation of an international treaty that U.S. officials said resulted
from a policy shift.
"As a matter of U.S. policy, the United States' obligations under the CAT
(Convention against Torture), which prohibits cruel, inhumane and degrading
treatment -- those obligations extend to U.S. personnel wherever they are,
whether they are in the United States or outside of the United States," Rice
told reporters in Ukraine.
A senior U.S. official who asked not to be named because he was discussing
internal decision-making said there had long been debate within the
administration about how to interpret the convention.
The administration agreed on new language several weeks ago but Wednesday
was the first time a senior official had used it in public so clearly, he
said.
London-based Amnesty International said Rice's remarks were "not a major
concession". It still wanted serious action by Washington over what it called
cases of torture in U.S. bases.
LOOPHOLE
Critics suspect the CIA of running secret prisons in eastern Europe and
covertly transporting suspects around the continent. That has led to
accusations U.S. tactics could lead to torture.
Rights groups have said the United States has exploited the loophole in
interpreting international law to mistreat prisoners in places such as
Afghanistan and Guantanamo Bay in Cuba.
Rice was heading on Wednesday to Brussels where she was likely to face sharp
criticism despite the defence of U.S. policy she has outlined in Washington,
Berlin and Bucharest.
Dutch Foreign Minister Ben Bot said this week Rice's answers to the
allegations had so far been unsatisfactory and he predicted a "lively
discussion" when she met NATO foreign ministers on Thursday.
New York-based Human Rights Watch said it was important to know how Rice's
move "is translated operationally".
"We need to know whether they are defining torture and cruel, inhumane and
degrading treatment in the way that most people have defined it for many, many
years. If so, that should rule out some of the techniques that were authorised
for the CIA," said Tom Malinowski, HRW's Washington advocacy director.
He singled out the interrogation technique called "waterboarding", in which
the victim is made to feel he is drowning, which Malinowski said was even
recognised as torture during the Spanish Inquisition.
The move announced by Rice may also be an important concession in domestic
politics where Senator John McCain, a Republican and former prisoner of war who
was mistreated in Vietnam, has pressed the administration to close the
loophole.
Until Wednesday, the administration had resisted legislation proposed by
McCain that was widely backed in Congress.
Dutch Foreign Minister Ben Bot said earlier this week that Rice's answers to
the allegations had so far been unsatisfactory and he predicted a "lively
discussion" when she met NATO foreign ministers on Thursday.
The move may also be an important concession in U.S. domestic politics where
Senator John McCain, a Republican from Arizona and a former prisoner of war who
was mistreated in Vietnam, has pressed the administration to close the
loophole.
Until Wednesday, the administration, led by Vice President Dick Cheney, had
resisted legislation proposed by McCain that was widely backed in Congress.
(Additional reporting by Jeremy Lovell)
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