STATEMENT OF THE UNITED STATES

On The Report Of The Rapporteur

For The Working Group On Enforced Disappearance

Delivered by Paula Barton
U.S. Mission Deputy Legal Advisor

Second Session of Human Rights Council
Geneva, September 19, 2006

Thank you, Mr. President.

We would like to commend all three of the Rapporteurs for the quality of their reports.

Mr. President, addressing specifically the report of the working group on Enforced Disappearance and its concerns on the issues of renditions:

• We recognize that the international community has not always agreed with the U.S position in the war on terror.
  
  
• However, renditions are used to transport terrorist suspects from the country where they were captured to another country where they can be questioned, held, or brought to justice.  Renditions are not inherently unlawful.  For decades, the United States and other countries have used renditions to transport terrorist suspects.
  
  
• U.S. personnel are required to treat all detainees consistent with U.S. law and treaty obligations, including prohibitions on torture and cruel, inhuman, or degrading treatment, and against transferring persons to be tortured.

Regarding the working group’s concerns about secret detentions:

• On September 6th, President Bush announced that 14 leaders and operatives of Al Qaeda have been moved from classified locations, where they were being held, and questioned by the CIA to DOD custody where they can be brought to justice for their crimes.
  
  
• The ICRC has been notified and will have access to them at Guantanamo.  No detainees remain in CIA custody. 
               

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