US Attorney General Michael Mukasey yesterday indicated that President George W. Bush would not be issuing pre-emptive pardons in cases of officials implicated in torture or other abuses in the “war on terror”.

The violations committed by US personnel in Iraq, Afghanistan, Guantánamo and elsewhere have been many and varied. They have included enforced disappearance, torture and other cruel, inhuman or degrading treatment (in some cases resulting in death in custody), arbitrary and indefinite detention, secret international transfers of detainees and flagrantly unfair trials.

If the USA is to demonstrate that it is genuinely committed to human rights and the rule of law, the new administration and Congress must ensure that truth and accountability are no longer buried under laws or policies that exploit or facilitate secrecy or impunity.

The US authorities must

  • initiate effective independent criminal investigations into crimes committed by individuals acting for or on behalf of the USA

  • remove potential obstacles in existing US law to successful investigation and prosecution of all such cases

  • establish a comprehensive independent commission of inquiry into the USA's detention policies and practices since 11 September 2001

  • ensure redress and remedy for victims of human rights violations.

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