[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[Senate]
[Page S10828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         DETENTION AND HUMANE TREATMENT OF CAPTURED TERRORISTS

  Mr. DURBIN. Mr. President, I rise to speak about, section 514 of the 
National Intelligence Reform Act of 2004 which deals with the detention 
and humane treatment of captured terrorists.
  Section 514 was added to the bill as a result of an amendment offered 
by Senator McCain and Senator Lieberman. I commend them for their 
leadership on this issue, which is so important to our country, and to 
our ability to fight an effective war on terrorism.
  The 9/11 Commission correctly concluded that the Iraqi prisoner abuse 
scandal has negatively affected our ability to combat the terrorist 
threat. The Commission wrote, ``Allegations that the United States 
abused prisoners in its custody make it harder to build the diplomatic, 
political, and military alliances the government will need [to fight 
the war on terrorism].''
  As a result, the Commission recommended, ``The United States should 
engage its friends to develop a common coalition approach toward the 
detention and humane treatment of captured terrorists.'' In order to 
develop a coalition policy on the humane treatment of captured 
terrorists, the U.S. government must have its own policy that ensures 
the humane treatment of captured terrorists. That is what section 514 
would require.
  It will reaffirm a very important, long-standing position of our 
Nation: that the United States will not engage in torture or cruel, 
inhuman or degrading treatment. This is a standard that is embodied in 
the U.S. Constitution and in numerous international agreements which 
the United States has ratified.
  Section 514 will require the Defense Secretary and the National 
Intelligence Director, NID, issue policies to ensure compliance with 
this standard and to provide these policies to Congress.
  The Defense Secretary and the NID will also be required to report to 
Congress on any suspected violations of the prohibition on torture or 
cruel, inhuman or degrading treatment.
  Section 514 specifically provides that this information should be 
provided to Congress only in a manner and form that would protect 
national security.
  Section 514 is very similar to an amendment that I offered to this 
year's Defense Authorization bill. My amendment, which was cosponsored 
by Senators McCain, Levin, Specter, Feinstein, Leahy, and Kennedy, was 
adopted by the Senate by a unanimous voice vote.
  When I offered this amendment, it was supported by a broad coalition 
of organizations and individuals, including human rights organizations 
like Human Rights Watch, religious institutions like the Catholic 
Church and the Episcopal Church, and military officers.
  Retired RADM John Hutson was the Judge Advocate General, the top 
lawyer in the Navy. In a letter in support of the amendment, he wrote:

       It is absolutely necessary that the United States maintain 
     the high ground in this area and that Congress take a firm 
     stand on the issue. . . . It is critical that we remain 
     steadfast in our absolute opposition to torture and [cruel, 
     inhuman or degrading treatment].

  Former Republican Congressman Pete Peterson, who was a POW in Vietnam 
for 6\1/2\ years, wrote in support of the amendment:

       From my 6\1/2\ years of captivity in Vietnam, I know what 
     life in a foreign prison is like. To a large degree, I credit 
     the Geneva Conventions for my survival . . . This is one 
     reason the United States has led the world in upholding 
     treaties governing the status and care of enemy prisoners: 
     because these standards also protect us . . . We need 
     absolute clarity that America will continue to set the gold 
     standard in the treatment of prisoners in wartime.

  As we fight the war on terrorism, we must adhere to the ideals that 
made our country great. Torture is inconsistent with the principles of 
liberty and the rule of law that underpin our Constitution.
  Any erosion in these standards would endanger American servicemen and 
women who might be captured by our adversaries. It would also create 
anti-American sentiment at a time when we need the support and 
assistance of other countries in the war on terrorism.
  The U.S. Army fully recognizes these practical downsides. The Army 
Field Manual on Intelligence Interrogation states:

       Revelation of use of torture by U.S. personnel will bring 
     discredit upon the U.S. and its armed forces while 
     undermining domestic and international support for the war 
     effort. It may also place U.S. and allied personnel in enemy 
     hands at a greater risk of abuse by their captors.

  As the great American patriot Thomas Paine said: ``He that would make 
his own liberty secure must guard even his enemy from oppression.''

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