Congressional Record: February 18, 2005 (Extensions)
Page E282-E283
INTRODUCTION OF ``THE TORTURE OUTSOURCING PREVENTION ACT''
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HON. EDWARD J. MARKEY
of massachusetts
in the house of representatives
Thursday, February 17, 2005
Mr. MARKEY. Mr. Speaker, today I am proud to introduce legislation
that would prohibit the outsourcing of torture by the United States
Government.
The practice of extraordinary rendition, the extra-judicial transfer
of people in U.S. custody either in this country or abroad to nations
known to practice torture, has until recently received little attention
due to the secrecy surrounding such transfers. Attention was first
drawn to the practice after the case of Maher Arar, a Canadian citizen,
first came to light. Mr. Arar was seized in 2002 while in transit to
Canada through JFK airport in New York, and was sent to Jordan and
later Syria by the U.S. Government. While in Syria, Arar reportedly was
tortured and held in a dark, 3-by-6-foot cell for nearly a year. He was
ultimately released and detailed his story to the media upon his return
to Canada. Since that time, other press reports have identified
renditions elsewhere around the world, such as the transfer of an
Australian citizen, Mamdouh Habib, from Pakistan to Egypt, where he was
reportedly tortured.
Extraordinary rendition is wrong because it: Violates international
treaties that the United States has signed and ratified, including most
notably Article 3 of the Convention Against Torture, which prohibits
sending a person to another state ``where there are substantial grounds
for believing that he would be in danger of being subjected to
torture.'' Undermines the moral integrity of America in the eyes of the
world. Ensures that American captives are likely to be tortured by
others out of reciprocity, regardless of the urgency of the pleas of
our government or the victim's family.
Although the total numbers of those ``rendered'' by the Bush
Administration are unknown, then-CIA director George Tenet testified to
the 9/11 Commission in October 2002 that over 70 people had been
subjected to renditions prior September 11. Human rights organizations
including Amnesty International, Human Rights Watch, the Center for
Constitutional Rights and the ACLU have detailed numerous other cases
that may also involve rendition to countries that practice torture.
Last year, the Canadian government launched an investigation into
Arar's case, but the U.S. State Department has refused to cooperate
with the Canadian investigation.
The bill I am introducing today directs the State Department to
compile a list of countries that commonly practice torture or cruel,
inhuman or degrading treatment during detention and interrogation, and
prohibit rendition to any nation on this list. The bill explicitly
permits legal, treaty-based extradition, in which suspects have the
right to appeal in a U.S. court to block the proposed transfer based on
the likelihood that they would be subjected to torture or other
inhumane treatment.
Torture is morally repugnant whether we do it or whether we ask
another country to do it for us. It is morally wrong whether it is
captured on film or whether it goes on behind closed doors unannounced
to the American people. President Bush has asserted that ``the
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values of this country are such that torture is not a part of our soul
and our being.'' I agree.
The legislation I am introducing today is designed to ensure that we
not only outlaw torture conducted directly by U.S. government
personnel, but that we also stop any practice which involves
outsourcing or contracting out torture to other nations.
I urge Members to join in cosponsoring this legislation.
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