“Make no mistake; the United States will not look the other way in the face of serious human rights abuses. The truth must be told, the facts brought to light and the consequences faced.”

In 2009 when the USA took a seat on the UN Human Rights Council the promise was made that the country would not ‘look the other way’. However, not only have the former and current US governments chosen to largely ignore allegations of disappearance, torture, cruel, inhuman and degrading treatment, but they have also granted impunity to those involved, in this case the CIA.

A new ‘Joint study on Global Practices in relation to secret detention in the context of countering terrorism’, conducted by experts on the UN Human Rights Council has noted particular concern of the USA’s resort to secret detentions during the so called ‘War on Terror’. The report unequivocally calls for accountability, and that independent and legitimate investigations should be held into any allegations of secret detention. The report calls for anyone who is found to have ordered, encouraged, consented or taken part in the illegal detention to be brought to justice through prosecution, including superiors.

The report concluded that “secret detention is irreconcilably in violation of international human rights law including during states of emergency and armed conflict. Likewise, it is in violation of international humanitarian law during any form of armed conflict.”1

Amnesty International has continuously raised concerns that the current US administration continues to fight the release of information concerning those who have been subjected to the CIA run program, and that its conduct in relation to allegations of disappearance, torture, cruel inhuman and degrading treatment places it in breach of its obligations as outlined under international human rights and humanitarian law. After the release of more ‘torture memos’ in 2009, Attorney General Eric Holder ordered a ‘preliminary investigation’ into a few CIA interrogations. The investigation was narrowly framed to prevent a full scale and independent examination of the accusations and Mr Holder was quick to promise immunity from prosecution for ‘anyone who acted in good faith on legal advice in conducting interrogations.’

The ‘preliminary investigation’ also means that that are many others who have been subjected to unlawful detention and treatment will not have the opportunity to seek justice. An example of this lack of redress is the case brought by four former British Guantanamo Bay detainees against high level Bush administration officials. In December of 2009, the US Circuit Court of Appeals found that the defendants had immunity because "torture is a foreseeable consequence of the military’s detention of suspected enemy combatants." Read more about this case2

Amnesty International believes that the USA must not ‘look the other way’. Human rights law ensures that all human beings are protected, and all countries responsible for illegal detention and torture or other ill treatment should be held to account.

Read the full UN report (222 Pages) ‘Joint study on Global Practices in relation to secret detention in the context of countering terrorism’; or the executive summary (6 pages) here.

Read Amnesty International’s full response to the report

References

  1. Executive Summary of ‘Joint study on Global Practices in relation to secret detention in the context of countering terrorism’](http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/JOINT_STUDY-Executive_summary.doc)

  2. Rasul_AppealsCourtDecision_01_08.pdf