[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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