[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 431 Introduced in House (IH)]







107th CONGRESS
  2d Session
H. CON. RES. 431

 Condemning the use of torture and other forms of cruel, inhumane, or 
   degrading treatment or punishment in the United States and other 
   countries, and expressing support for victims of those practices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2002

 Mr. Smith of New Jersey (for himself, Mr. Hoyer, Mr. Cardin, and Mr. 
  Hastings of Florida) submitted the following concurrent resolution; 
which was referred to the Committee on International Relations, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Condemning the use of torture and other forms of cruel, inhumane, or 
   degrading treatment or punishment in the United States and other 
   countries, and expressing support for victims of those practices.

Whereas the Eighth Amendment to the United States Constitution prohibits ``cruel 
        and unusual punishments'' and torture is prohibited by law throughout 
        the United States without exception;
Whereas the prohibition against torture in international agreements is absolute, 
        unqualified, and non-derogable under any circumstance, even during a 
        state of war or national emergency;
Whereas an important component of the concept of comprehensive security in a 
        free society is the fundamental service provided by law enforcement 
        personnel to protect the basic human rights of individuals in society;
Whereas individuals require and deserve protection by law enforcement personnel 
        and need the confidence in knowing that such personnel are not 
        themselves agents of torture or other forms of cruel, inhumane, or 
        degrading treatment or punishment, including extortion or other unlawful 
        acts;
Whereas individuals who are incarcerated should be treated with respect in 
        accordance with the inherent dignity of the human person;
Whereas there is a growing commitment by governments to eradicate torture and 
        other forms of cruel, inhumane, or degrading treatment or punishment, to 
        provide in law and practice procedural and substantive safeguards and 
        remedies to combat such practices, to assist the victims of such 
        practices, and to cooperate with relevant international organizations 
        and nongovernmental organizations with the goal of eradicating such 
        practices;
Whereas torture and other forms of cruel, inhumane, or degrading treatment or 
        punishment continues in many countries despite international commitments 
        to take effective legislative, administrative, judicial and other 
        measures to prevent and punish such practices;
Whereas the rape of prisoners by prison officials or other prisoners, tolerated 
        for the purpose of intimidation and abuse, is a particularly egregious 
        form of torture;
Whereas incommunicado detention facilitates the use of torture and other forms 
        of cruel, inhumane, or degrading treatment or punishment, and may 
        constitute, in and of itself, a form of such practices;
Whereas the use of racial profiling to stop, search, investigate, arrest, or 
        convict an individual who is a minority severely erodes the confidence 
        of a society in law enforcement personnel and may make minorities 
        especially vulnerable to torture and other forms of cruel, inhumane, or 
        degrading treatment or punishment;
Whereas the use of confessions and other evidence obtained through torture or 
        other forms of cruel, inhumane, or degrading treatment or punishment in 
        legal proceedings runs counter to efforts to eradicate such practices;
Whereas more than 500,000 individuals who are survivors of torture live in the 
        United States;
Whereas the victims of torture and other forms of cruel, inhumane, or degrading 
        treatment or punishment and their families often suffer devastating 
        effects and therefore require extensive medical and psychological 
        treatment;
Whereas medical personnel and torture treatment centers play a critical role in 
        the identification, treatment, and rehabilitation of victims of torture 
        and other forms of cruel, inhumane, or degrading treatment or 
        punishment; and
Whereas each year the United Nations designates June 26 as an International Day 
        in Support of Victims of Torture: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) condemns the use of torture and other forms of cruel, 
        inhumane, or degrading treatment or punishment in the United 
        States and other countries;
            (2) recognizes the United Nations International Day in 
        Support of the Victims of Torture and expresses support for all 
        victims of torture and other forms of cruel, inhumane, or 
        degrading treatment or punishment who are struggling to 
        overcome the physical scars and psychological effects of such 
        practices;
            (3) encourages the training of law enforcement personnel 
        and others who are involved in the custody, interrogation, or 
        treatment of any individual who is arrested, detained, or 
        imprisoned, in the prevention of torture and other forms of 
        cruel, inhumane, or degrading treatment or punishment, in order 
        to reduce and eradicate such practices; and
            (4) encourages the Secretary of State to seek, at relevant 
        international fora, the adoption of a commitment--
                    (A) to treat confessions and other evidence 
                obtained through torture or other forms of cruel, 
                inhumane, or degrading treatment or punishment, as 
                inadmissible in any legal proceeding; and
                    (B) to prohibit, in law and in practice, 
                incommunicado detention.
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