|
|
El-Masri's said he was abducted by CIA agents, tortured and transported to a secret prison in Afghanistan.
|
GENEVA – The top United
Nations anti-torture body on Friday, May 19, told the United States it
should close its overseas secret detention facilities and the Guantanamo
Bay facility in Cuba, stop transferring detainees to other countries for
questioning and rescind cruel interrogation techniques of detainees.
"The
United States should ensure that no one is detained in any secret
detention facility under its de facto effective control and investigate
and disclose the existence of any such facilities," The United
Nations Committee on Torture, said in a report a copy of which was
obtained by Reuters.
"Detaining
persons in such conditions constitutes, per se, a violation of the
Convention," said the committee, which examines compliance with the
UN Convention against Torture, or other Cruel, Inhuman or Degrading
Treatment or Punishment.
Reports
of clandestine CIA interrogation centers and transport flights for
terror suspects emerged in November.
In
a report entitled "Ending Secret Detention", the American
Human Rights Watch said the US has more than 24 world detention camps,
at least half of them operate in total secrecy, where the abuse of
detainees is "inevitable."
Since
9/11, the CIA has rendered more than 100 people from one country to
another, usually with well-documented records of abuse, without legal
proceedings, according to the Washington Post.
Eradicate
Torture
The
10-member committee, which examined the US record at home and abroad,
also urged the Bush administration to "rescind any interrogation
technique" that constituted torture or cruel treatment, citing the
use of dogs in the US-run facilities to induce detainees' fear.
It
expressed concern at "reliable reports of acts of torture or cruel,
inhuman and degrading treatment" by US military or civilian
personnel in Afghanistan and Iraq.
"The
state party (the United States) should take immediate measures to
eradicate all forms of torture and ill-treatment of detainees by its
military or civilian personnel ... and should promptly and thoroughly
investigate such acts and prosecute all those responsible...," it
said.
The
US military holds now around 490 detainees in Guantanamo Bay, about 400
more in Afghanistan and approximately 14,000 at facilities in Iraq,
according to a Pentagon count.
The
committee said all detainees should be registered and a record kept of
the time and place of interrogations, urging Washington to report back
in a year.
"Lenient
Sentences"
The
committee further said it was "deeply concerned" at the
"very lenient sentences" even after cases that had involved
fatalities.
It
added that such action did "not reflect the seriousness the state
party claims in dealing with those abuses."
"The
state party should take firm measures to eradicate all forms of torture
and ill-treatment by its law enforcement personnel, civil or military,
in Afghanistan and Iraq," it said.
In
its testimony, the US delegation told the committee that use of torture
or cruel, inhumane and degrading treatment by the US military or
intelligence services was outlawed, wherever they may be operating.
The
officials said Washington had been obliged to act following revelations
of ill-treatment in recent years, and that laws, procedures and training
were now more "rigorous."
The
delegation also told the committee that 89 service personnel had been
convicted in 103 courts martial as authorities attempted to root out
abuses.
They
included a string of prosecutions following revelations in 2004 of the
mistreatment of Iraqi prisoners at Abu Ghraib prison, outside Baghdad,
as well cases involving personnel in Afghanistan and Guantanamo Bay,
Cuba.
Nineteen
of the convictions involved sentences of at least one year, while 28
servicemen or women were thrown out of the US military.
"State
Secrets"
The
UN report comes one day after a US federal court dismissed a lawsuit by
a German national, who claimed that he was abducted and tortured in a
secret "rendition" operation, Agence France-Presse (AFP)
reported.
Khaled
El-Masri filed a lawsuit against former CIA chief George Tenet, three
CIA-linked aviation companies and a number of CIA agents for being
forcibly seized in a CIA rendition operation in Skopje, Macedonia, on
December 31, 2003.
He
said he abducted by the CIA, beaten and transported to a secret prison
in Afghanistan, where he was held incommunicado long after his innocence
was established. He was flown to Albania in May 2004 and released
without being charged.
The
district court in Alexandria, Virginia, turned back the suit on the
basis of "states secrets" privilege.
"There
is no doubt that the states secrets privilege is validly asserted
here," the ruling said.
"While
dismissal of the complaint deprives El-Masri of an American judicial
forum for vindicating his claims ... El-Masri's private interests must
give way to the national interest in preserving state secrets."
The
court, however, said that the US government should offer a
"remedy" if there was any truth to Masri's story.
"If
El-Masri's allegations are true or essentially true, then all
fair-minded people, including those who believe that state secrets must
be protected (and) that renditions are a necessary step to take in this
war, must also agree that El-Masri has suffered injuries as a result of
our country's mistake and deserves a remedy," the ruling said.
The
judge said that remedy should come from the US government's executive or
legislative branch, and not the courts.
German
Chancellor Angela Merkel said in December 6 that the US admitted it made
a mistake in abducting El-Masri and flying him to a secret prison in
Afghanistan for questioning.
In
February, the US government agreed to pay $300,000 to settle an illegal
detention lawsuit brought by an Egyptian man who was among hundreds of
Muslims rounded up in New York after the September 11, 2001 attacks.
Renditions
were first authorized by President Ronald Reagan in 1986 and used by the
Clinton administration to transfer drug lords and terrorists to the US
or other countries for military or criminal trials.
US
President George W. Bush has strongly defended such transfers as
"vital to the nation's defense."