Human Rights Council

Report of Special Rapporteurs on Torture and the Protection of Human Rights While Countering Terrorism

Statement Delivered by U.S. Ambassador Warren W. Tichenor
Geneva,
March 27, 2007

Thank you Mr. President.  We thank Special Rapporteurs Nowak and Scheinin for their hard work on these important issues.

We agree with Professor Nowak that it is important for countries to implement their obligations under Article 5 of the Convention Against Torture and establish jurisdiction over acts of torture where the alleged offender is present in their territory.  Indeed, implementing this obligation can help prevent impunity for this grave offense.  We thank Mr. Nowak for focusing attention on this important issue.

Our question for Professor Nowak has to do with your request for an invitation to visit Zimbabwe, which dates back to 2005.  You report that at a recent meeting in Banjul, the Zimbabwean delegation indicated that an invitation would be forthcoming.  Particularly given the appalling recent developments in Zimbabwe, could you please provide an update on your efforts to visit that country?

As to Professor Scheinin’s report, the United States would also like to thank him for his continuing work on how countries can protect against terrorism while at the same time preserving our cherished commitment to human rights and the rule of law.
 
We have one clarification to make however.  In discussing “shoot-to-kill” policies, Professor Scheinin mentioned the USA PATRIOT Act.  However, it is important to note that the PATRIOT Act has no provision on this topic.  Our Constitution imposes clear and definitive limitations on when law enforcement officials may use deadly force in law enforcement operations.  This has not changed in the aftermath of the September 11 attacks.

We look forward to welcoming Professor Scheinen to the United States upon his visit in May.

Thank you, Mr. President.