[Congressional Record Volume 148, Number 87 (Wednesday, June 26, 2002)]
[Senate]
[Pages S6132-S6133]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE CONCURRENT RESOLUTION 124--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
Mr. CAMPBELL (for himself, Mr. Dodd, Mr. Feingold, Mrs. Clinton, and
Mr. Wellstone) submitted the following concurrent resolution; which was
referred to the Committee on the Judiciary:
S. Con. Res. 124
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 Senate (the House of Representatives
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.
Mr. CAMPBELL. Mr. President, I am joined by Senators Dodd, Feingold,
Clinton, and Wellstone in introducing today a 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 the victims of torture. An identical version is
being introduced by Congressman Christopher H. Smith, who co-chairs the
Commission on Security and Cooperation in Europe, which I am privileged
to chair.
Torture is prohibited by a raft of international agreements,
including documents of the 55-nation Organization for Security and
Cooperation in Europe. It remains, however, a serious problem in many
countries. In the worst cases, torture occurs not merely from rogue
elements in the police or a lack of appropriate training among law
enforcement personnel, but is systematically used by the controlling
regime to target political opposition members; racial, ethnic,
linguistic or religious minorities; and others.
In some countries, medical professionals who treat the victims of
torture have become, themselves, victims of torture in government's
efforts to document this abuse and to hold perpetrators accountable.
The U.S. Congress can continue to play a leadership role by signaling
our unwavering condemnation of such egregious practices.
Torture is, in effect, prohibited by several articles of the U.S.
Constitution. Nevertheless, some commentators have suggested that
torture might be an acceptable tool in the war on terrorism. I believe
we should answer that proposition with a resounding ``no''. To repeat:
torture is unconstitutional. Moreover, as many trained law enforcement
officials note, it is also a lousy way to get reliable information.
People subjected to torture will often say anything to end the torture.
Finally, it makes no sense to wage war to defend our great democracy
and use methods that denigrate the very values we seek to protect.
Torture is unacceptable, period.
[[Page S6133]]
The resolution I am introducing today underscores that message. It
recognizes the United Nations International Day in Support of the
Victims of Torture, marked each June 26th, and encourages the training
of law enforcement personnel. Experts estimate that more than 500,000
individuals who are survivors of torture live in the United States.
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.
I am pleased to note the contribution of the Rocky Mountain Survivors
Center, located in Denver, CO, in meeting the needs of torture
survivors living in Colorado. The Rocky Mountain Center and similar
torture treatment centers located elsewhere in the United States play a
critical role in the identification, treatment, and rehabilitation of
victims of torture and deserve our continued support.
As we mark the United Nations International Day in Support of the
Victims of Torture, I urge my colleagues to declare their opposition to
torture and solidarity with torture survivors by lending their support
to this resolution.
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