[Congressional Record Volume 149, Number 128 (Wednesday, September 17, 2003)]
[Extensions of Remarks]
[Page E1834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  FOR A SAFER WORLD, ELIMINATE TORTURE

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                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                     Wednesday, September 17, 2003

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to express my 
concerns about reports that some US authorities may have used methods 
on prisoners captured in Afghanistan and Iraq that may be illegal under 
accepted definitions of torture. As a member of the Congressional Human 
Rights Caucus, I am especially concerned about the treatment of 
prisoners of war.
  From its foundation, our country has been clear in its condemnation 
of torture and in proscription of its use, both at home and abroad. Our 
position on human rights has been affirmed repeatedly, in our 
ratification of the Universal Declaration of Human Rights (1948), the 
Third Geneva Convention (1949), the UN Convention against Torture 
(ratified by the U.S. in 1994), and other international treaties.
  These treaties have forbidden torture and inhumane and degrading 
punishment in all circumstances and for any purpose. This prohibition 
is binding on all countries and cannot be overruled by any other law or 
declaration. It also forbids the extradition of a person to another 
country ``where there are substantial grounds for believing that he 
would be in danger of being subjected to torture.'' This policy was 
adopted officially by Congress on October 21, 1998, and applies 
``regardless of whether the person is physically present in the United 
States.''
  Our policy with respect to torture inflicted by U.S. nationals, 
whether at home or abroad, is clear. I am concerned, however, of 
reports that our practice does not always match our principles. 
Accounts in the media have described ``stress and duress'' tactics used 
on terrorism suspects. One U.S. official who has supervised the capture 
and transfer of accused terrorists was quoted as saying, ``If you don't 
violate someone's human rights some of the time, you probably aren't 
doing your job.'' More recently, on March 4, the New York Times 
described the death of two prisoners while under interrogation at 
Bagram air base north of Kabul and the mistreatment of others.
  Some claim that these alleged actions are necessary for our national 
security, and therefore should not preoccupy us. However, once torture 
on a small scale is accepted, it corrupts those who inflict it, and it 
inevitably expands. For the nation as a whole, it undermines the legal 
and moral principles on which our society is founded. The U.S. 
repeatedly has criticized countries that have used inhumane techniques. 
If we use torture, our efforts against torture in other countries will 
carry little weight.
  International human rights organizations have documented torture and 
ill treatment in more than 150 countries, including the United States. 
The torture is widespread in more than seventy countries, and in eighty 
countries people have been tortured to death. The elimination of the 
use of torture is a prerequisite for the achievement of a more just and 
safe world.
  The laws of the U.S. are unambiguous with respect to the use of 
torture, and we must adhere to that high standard. We must not lower 
that standard by asserting special circumstances and inventing new 
categories of detainees. It is my hope that our military forces, the 
most powerful in the world, set an example of the highest integrity.

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