The World Organisation Against Torture (OMCT) has expressed “deep concern” about increased questioning of the prohibition of the use of torture in countries that had previously vigorously upheld the absolute nature of this prohibition. This was now enabling the nations allied in the so-called "war against terror" to actively engage in the use of torture, either through their security services or those of states known to have poor human rights records.
PRESS RELEASE
Geneva, January 28th, 2003
Torture and the fight against terror
The mounting public acceptance of torture is enabling an allied
regime of abuse
The International Secretariat of the World Organisation Against
Torture (OMCT), the world's largest coalition of non-governmental
organisations (NGOs) engaged in the fight against torture, would like
to express its deep concern about increased questioning of the
prohibition of the use of torture in countries that had previously
vigorously upheld the absolute nature of this prohibition. This is
now enabling the nations allied in the so-called "war against terror"
to actively engage in the use of torture, either through their
security services or those of states known to have poor human rights
records, according to allegations made in the Press.
OMCT and members of its global network wish to express their grave
concerns in relation with this worrying trend, which, in the post-
September 11th epoch, is leading to widespread violations of
international human rights and humanitarian law, notably the
Convention Against Torture.
Basil Fernando, the Executive Director of the Asian Human Rights
Commission, a member of the OMCT network, stated in a recent press
release that, "the argument favouring limited use of torture is
contradicted by all of our experience." He continued, "When torture
is no longer absolutely prohibited, law enforcement attitudes change.
Over time, the mentality that torture is acceptable comes to infect
the entire system, and even persons accused of normal crimes get the
same treatment as suspected terrorists.Terrorists do not suffer in
such an environment: rather, they thrive in it. As the system of law
enforcement collapses, they obtain many practical advantages, and are
also prepared for any consequences."
Concerning these issues, Eric Sottas recently stated during an
interview that, "it is a trend that has been observed in different
countries since September 11th and we have to remain vigilant to
ensure that antiterrorist measures are compatible with fundamental
freedoms, such as the presumption of innocence and the prohibition of
torture."
Eric Sottas added that, "there is no doubt that security is a right
and OMCT will never take the position that nothing should be done to
fight against violence, our position is that what has to be done must
remain within the limits of the rule of law."
Of particular concern are allegations made in an article published by
the Washington Post on December 26th, 2002, entitled "U.S. Decries
Abuse but Defends Interrogations," which claims that techniques of
interrogation that constitute torture are being used on al-Qaeda and
Taliban captives in secret CIA interrogation centres, such as in the
Bagram Air Base in Afghanistan and on the island of Diego Garcia, a
British-owned island in the Indian Ocean that the US leases. These
centres, which are off-limits to outsiders and even other US
Government Agencies, reportedly enable the CIA and its intelligence
service allies to have the leeway to exert physically and
psychologically aggressive techniques.
Following their capture, prisoners are reportedly sometimes fitted
with hoods and gags, bound to stretchers with duct tape for
transportation; and then commonly blindfolded and thrown into walls,
bound in painful positions, subjected to loud noises and deprived of
sleep in order to break their resistance. Within these centres,
detainees are reportedly "kept standing or kneeling for hours, in
black hoods or spray-painted goggles.held in awkward, painful
positions and deprived of sleep with a 24-hour bombardment of lights -
- subject to what are known as "stress and duress" techniques." It
is worth noting that the UN Committee against Torture has stated in
the past that such methods, in particular when used in combination,
constitute torture. Furthermore, painkillers have reportedly been
used "selectively" on wounded prisoners. The US officials interviewed
by the Washington Post "expressed confidence that the American public
would back their view" concerning the necessity of these techniques.
Some 3,000 suspected al-Qaeda members and their supporters have been
detained worldwide since Sept. 11, 2001, with about 625 being held at
Guantanamo Bay, Cuba, while thousands have been arrested and held
with U.S. assistance in countries known for brutal treatment of
prisoners, according to these reports. Further to this, nearly 100
detainees who have not collaborated have reportedly been handed over
in "extraordinary renditions" to countries - such as Egypt, Jordan,
Morocco, Saudi Arabia and even Syria - that the US State Department
as well as International Human Rights Organisations, OMCT included,
have previously denounced for their use of torture. It is alleged
that while the US publicly denies any knowledge of the use of torture
upon detainees that have been handed over to these countries, it is
gathering and making use of the information that these interrogations
produce.
Considering the gravity of the content of these reports, OMCT would
like to urge the Government of the United States of America to invite
the United Nations Special Rapporteur on Torture to visit Bagram Air
Base in order to dispel these allegations. Furthermore, OMCT recalls
that under article 5 of the United Nations Convention against
Torture, to which the United States is Party, it has the obligation
to "take such measures as may be necessary to establish its
jurisdiction," enabling the taking of legal action in response to
acts of torture, not only when such acts are committed in any
territory under its jurisdiction but also whenever the alleged
offender is a national.
Moreover, OMCT notes that the United Kingdom has issued a standing
invitation to all of the Thematic Special Procedures of the United
Nations Commission on Human Rights and should therefore grant them
access to detention centres under its jurisdiction.
































