Direct involvement or complicity in torture may subject U.S. officials to prosecution under international law, said HRW

NEW YORK, December 27 (IslamOnline & News Agencies) – The George W. Bush administration must promptly investigate and address charges of torture of suspected Al-Qaeda detainees or risk criminal prosecution, Human Rights Watch said Friday, December 27.

In a letter to U.S. President George W. Bush, Human Rights Watch said it was “deeply concerned” by accusations made in the Washington Post that detainees had been subjected to torture or other forms of mistreatment while in U.S. custody in Afghanistan or while held by U.S. allies, the New York-based rights watchdog said on its website.

“Torture is always prohibited under any circumstances,” said Kenneth Roth, executive director of Human Rights Watch. “U.S. officials who take part in torture, authorize it, or even close their eyes to it, can be prosecuted by courts anywhere in the world.”

The Post article, “U.S. Decries Abuse but Defends Interrogations,” describes how persons held in the CIA interrogation center at Bagram air base in Afghanistan are being subject to “stress and duress” techniques, including “standing or kneeling for hours” and being “held in awkward, painful positions.”

Such acts violate international legal prohibitions against torture and other ill-treatment under treaties that the United States has ratified, said HRW. These prohibitions apply in times of war as well as peace and protect all captured combatants, whether privileged or not, as well as civilians, whether criminal suspects or not, it added.

The Post article states that thousands of persons have been arrested and detained with U.S. assistance in countries known for the brutal treatment of prisoners. The Convention against Torture, which the United States has ratified, specifically prohibits torture and mistreatment, as well as sending detainees to countries where such practices are likely to occur. That would include, according to the U.S. State Department’s own annual human rights report, Uzbekistan, Pakistan, Jordan and Morocco, where detainees have reportedly been sent.

HRW urged Bush to promptly launch an investigation into the Post’s accusations and to make the findings public

Direct involvement or complicity in torture, as well as the failure to prevent torture by subordinates, may subject U.S. officials to prosecution under international law, said Human Rights Watch. Such acts are “grave breaches,” or war crimes, under the 1949 Geneva Conventions, it added.

In addition, the Convention against Torture obligates all countries to prosecute persons within their jurisdiction who are implicated or complicit in acts of torture. Any competent court anywhere in the world is required to prosecute violations of the prohibition against torture.

Moreover, should senior U.S. officials become aware of acts of torture by their subordinates and fail to take immediate and effective steps to end such practices, they would be criminally liable under international law for “command responsibility.”

“The allegations made by the Washington Post put the United States on notice that acts of torture may be taking place with U.S. participation or complicity,” said Roth on the rights group website. “That places a heightened duty on senior Bush administration officials to take preventive steps immediately,” he added.

Human Rights Watch urged President Bush to issue a presidential statement that it is contrary to U.S. policy to use or facilitate torture in any circumstances.

It also urged the president to promptly launch an investigation into the Post’s accusations and to make the findings public. Should there be evidence of U.S. civilian or military officials’ involvement or complicity in torture, or in the rendition of persons to places where they are likely to be tortured, the administration should take immediate steps to stop these actions and to prosecute those who have ordered, organized, condoned, or carried them out.

The United States has a duty not to send persons to countries with a history of torture without explicit, verifiable guarantees that they will not be tortured or otherwise mistreated, said the rights group.