Legacy of torture, impunity and unlawful detention

When he took office on 20 January 2009, President Barack Obama inherited a legacy of torture, impunity and unlawful detention. The legacy is the result of the USA's response to the attacks of 11 September 2001, a response that has been marked by an assault on the framework of international human rights law.

Human rights violations – including the crimes under international law of torture and enforced disappearance – were not only committed but were also justified by the US Government as necessary and legal.

Images of caged, shackled detainees in the US naval base at Guantanamo Bay in Cuba, of torture and other ill-treatment at Abu Ghraib prison in Iraq, of Gulfstream jets used to transfer detainees to secret prisons around the world, have been seared into the public consciousness and become indelibly linked to the USA's response to the attacks of 11 September 2001.

During his campaign for the presidency, Barack Obama committed himself to closing the Guantanamo detention facility and ending torture by US personnel. To what extent these commitments would mark a real shift towards bringing the USA into compliance with its international human rights obligations in the struggle against terrorism remained to be seen.

What next?

In its checklist, Amnesty International urged 17 steps to be taken in three areas – Guantanamo and illegal detention; torture and other ill-treatment; and impunity. The executive orders on President Obama's third day in office marked significant steps forward on the first two areas, but failed to address the impunity for human rights violations already committed in the name of countering terrorism.

Regrettably, the initial positive indications on Guantanamo and illegal detention have not lead to any substantive progress, at least publicly, and a marked tolerance for impunity has extended throughout President Obama's first 100 days in office.

Symbolic gestures and half measures are not enough

Amnesty International's assessment of the checklist [pdf=84kb] identified five action points for the administration to take in its first 100 days to end impunity and ensure accountability. At the end of 100 days, under each point it reads "no action taken", and notes that if anything impunity has been reinforced for at least some of those responsible for serious abuses.

President Obama must begin to address the crimes and widespread violations of human rights that have stained the USA's response to the 11 September 2001 attacks.

Read more

To find out more read our new report on President Obama's first 100 days in office: