Opening Statement
by Assistant Secretary for Democracy,
Human Rights and Labor Barry F. Lowenkron
for U.S. Hearing at Committee Against Torture
May 5, 2006
Mr. Chairman, Members of the Committee, ladies and gentlemen:
My name is Barry Lowenkron. I am the Assistant Secretary for Democracy,
Human Rights and Labor at the U.S. Department of State. Six years
ago, in 2000, my government appeared before this Committee to
present its initial report on U.S. implementation of the Convention
Against Torture. My predecessor emphasized the importance the
United States Government attaches to full compliance with all
our international human rights treaty obligations. I am here to
continue that tradition, and have the honor of introducing the
head of our delegation, John Bellinger, the Legal Adviser of the
Department of State.
On the topic of this hearing, my government’s position
is clear: U.S. criminal law and treaty obligations prohibit torture,
and the United States will not engage in or condone it anywhere.
As the President said in 2004:
“. . . Torture is wrong no matter where it occurs, and
the United States will continue to lead the fight to eliminate
it everywhere”
My country is committed to upholding our national and international
obligations to eradicate torture and to prevent cruel, inhuman
or degrading treatment or punishment. We also are committed to
transparency about our policies and actions, and we hope other
countries will be equally forthcoming. This is not just a legal
obligation -- we are fulfilling a higher moral obligation, which
our nation has embraced since its earliest days. Indeed, the United
States is proud that it was among the leaders in the international
community who established the Convention against Torture.
Our nation was founded on the principle of respect for human dignity.
Our Constitution’s first ten amendments – the Bill
of Rights -- are the covenant between our Government and citizens
for the protection of their rights. The Bill of Rights spells
out several protections that are reflected in the Convention Against
Torture. These safeguards include the Eighth Amendment, which
prohibits cruel and unusual punishments. These protections have
endured for over two centuries and they have continually been
strengthened.
Firm U.S. Commitment to Investigate and Prosecute Abuses
The United States has a long tradition of international leadership
against torture. As the most senior officials of my government
have repeatedly affirmed, and as we will make clear again today,
when allegations of torture arise – including allegations
against government officials – they are investigated and,
if substantiated, prosecuted. Our commitment to protecting individuals
from abuses does not stop with torture. My government is similarly
committed to investigating and prosecuting credible allegations
of other such forms of unlawful treatment against persons in custody
of law enforcement – including in the War on Terror.
Abuses, such as those that notoriously occurred at Abu Ghraib,
sickened the American people – just as they appalled people
around the world. They were inexcusable and indefensible. The
United States government and people sincerely regret these incidents
and have taken steps to hold people accountable. In fact, my government
has carried out more than 600 criminal investigations into allegations
of mistreatment, and more than 250 individuals have been held
accountable for detainee abuse. Their punishments have included
courts-martial, prison terms for as long as ten years, formal
reprimands and separation from our military services. And as recent
headlines show, the investigations and charges continue.
Transparency and Self-Corrective Mechanisms
As this record reflects, when we make mistakes, we take corrective
measures. Our system is designed to do just that.
Investigations and law enforcement mechanisms operating under
law are an important, but not the only, means to address allegations
of torture or other mistreatment. We are an open society. I am
sure you have read about or seen the vigorous public debate in
my country about allegations of abuses and how best to prevent
future problems. Our media, our civil society organizations, and
our citizens’ groups, all have spoken to these issues, and
the government has listened and made changes.
For example, more than 1,000 international journalists have now
traveled to Guantanamo to learn about detainee operations there.
A parliamentary group from the Organization for Security and Cooperation
in Europe visited Guantanamo and one of its members later told
journalists it was a “model prison.” Further, the
President of the International Committee of the Red Cross said
recently that conditions at the facility had “improved considerably”
and that the ICRC was satisfied with its access to detainees there.
Our system of government provides for other means of improving
our policies and practices. Our Constitution’s system of
checks and balances relies on the separation and independence
of the three branches of government: executive, legislative and
judicial. The push and pull between the branches has led to specific
reforms. The Courts have rendered decisions and the Congress has
passed legislation such as the Detainee Treatment Act, which John
Bellinger will discuss.
Concrete U.S. Actions to Combat Torture Around the World
A vital part of our efforts to combat torture worldwide entails
engagement with other nations on their human rights situations.
In the annual reports on country situations prepared by my bureau
at the State Department, we devote substantial attention to the
issue of torture. A number of key non-governmental organizations
stated that the U.S. “pulled no punches” in the Human
Rights Reports assessments – even of allies and friends.
These reports are very useful in our bilateral efforts to persuade
nations to improve their own policies, and they are often used
by non-governmental groups or the citizens of those countries
for the same end.
My government also engages in a multilateral activities designed
to reduce and ultimately eliminate torture globally. At the UN
Commission on Human Rights, for example, the U.S. played a central
role in the adoption of country-specific and thematic resolutions
related to torture. We have supported the work of the UN Special
Rapporteur on Torture throughout the world. We did invite him
and several of his colleagues to visit our military detention
facilities in Guantanamo -- an invitation they regrettably declined.
Although the U.S. is not seeking a seat in the new UN Human Rights
Council this year, we intend to remain actively engaged with that
body, supporting resolutions, contributing to its funding, and
ensuring that it can play a positive role on key matters such
as ending torture.
Conclusion
Ladies and gentlemen, in conclusion, the U.S. commitment to end
torture worldwide stems from my country’s most cherished
values. All branches of my government have advanced this goal
through sustained, intensive effort. We have devoted substantial
policy attention and financial resources to it. We also welcome
the crucial contributions to this effort of others throughout
the international community -- whether they are national or international
activists, non-governmental organizations or civil society organizations,
members of the media, faith-based organizations, or concerned
citizens. Even when their criticisms are directed against our
government, we understand and appreciate that they do so on behalf
of an objective we all share: ending torture forever.
In furtherance of this objective, we anticipate a vigorous and
constructive dialogue with this Committee. With that, I am happy
to turn the microphone over to John Bellinger for his opening
remarks and overview of how we will be responding to the questions
we received from the Committee.
Thank you.