The Right to Know: OMCT calls on the United States and European Governments to Investigate Cases of Torture and Ill-Treatment

The documents released show beyond doubt that United States Government officials authorised torture and other forms of ill-treatment in flagrant violation of the country’s unconditional commitments under international law, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and article 7 of the International Covenant on Civil and Political Rights which have both been ratified by the United States. Under these treaties, not only torture, but also other forms of cruel, inhuman or degrading treatment or punishment are strictly forbidden at all times, including in the fight against terrorism and public emergencies threatening the life of the nation. The recourse to such unlawful treatment amounts to a wanton abandonment of values espoused by both the United States and other Member States of the United Nations in the aftermath of the Second World War. OMCT recalls that hundreds of detainees have moreover been denied their right to have access to the judicial guarantees essential for the protection of their basic rights, including their right not to be subjected to ill-treatment.

In the light of the recent important disclosures on the question of torture and ill-treatment, and in application of the strict conditions laid down by international law, OMCT urges the United States Government to launch prompt, effective, independent and impartial investigations into the alleged torture and ill-treatment as well as other human rights violations that took place during the previous administration. The result of such investigations must not only be made public, but criminal prosecutions must moreover be brought against the suspected perpetrators of ill-treatment and, in case they are found guilty, a penalty proportionate to their crimes should be imposed. Furthermore, the victims concerned must be granted adequate redress for their suffering, including rehabilitation for physical and psychological sequelae of the ill-treatment, as required by the aforementioned treaties.

At the European level, both the Council of Europe Parliamentary Assembly and the European Parliament have in difficult circumstances carried out welcome inquiries into the cooperation by European States with the United States with regard to secret CIA flights and secret detention centres. These investigations showed that several European countries had either cooperated with the United States or tolerated its clandestine, illegal activities. This is in stark contrast with the fact that Europe prides itself on placing human rights as one of its founding values alongside democracy. OMCT welcomes in this respect that, in its Conclusions adopted on 29 April 2009, the European Union Council confirmed “that the promotion and protection of the right not to be submitted to torture is a priority of the EU’s human rights policy” adding that “[t]o work towards the prevention and eradication of all forms of torture and ill treatment within the EU and worldwide is a strongly held policy view of all EU member states”. The European Union Council further inter alia recalled “the EU’s firm position to fully comply with obligations in respect of torture and other cruel, inhuman or degrading treatment or punishment, in the fight against terrorism, in particular the absolute prohibition of torture and cruel, inhuman and degrading treatment”.

In the light of the strong legal and political commitments in the field of human rights of the 27 Member States of the European Union and the 47 Member States of Council of Europe, the OMCT urges also these States to start prompt, effective, independent and impartial investigations into their alleged collaboration with, or toleration of, the US illegal activities within European territory and to bring criminal prosecutions against the officials suspected of having committed, or being complicit in, torture and ill-treatment or other related illegal activities.

The world has a right to know the full extent of the illegal activities that took place both inside and outside the United States and Europe in order to prevent such activities from happening in the future and also to ensure that the victims concerned be granted adequate redress for the wrongs committed. Failing such investigations, the most fundamental rights of the human being risk being seriously eroded, an erosion that could in turn have devastating consequences for peace and security in the world. Both the United States and the Member States of the European Union are based on the fundamental principles of democracy, the rule of law and human rights. By assuming full accountability for their actions or inactions, they would send a strong message to the world that they take their legal duties in the human rights field seriously.

The OMCT will continue to closely follow the legal development in this respect in both the United States and Europe.

Contact: Mr. Eric Sottas, Secretary General, OMCT; Tel. +41 22 809 49 39