[Congressional Record Volume 151, Number 57 (Wednesday, May 4, 2005)]
[Extensions of Remarks]
[Page E874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   HIGHLIGHTS OF THE REPORT ON THE FAILURE OF THE U.S. GOVERNMENT TO 
                 ADEQUATELY INVESTIGATE PRISONER ABUSES

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                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                         Wednesday, May 4, 2005

  Mr. STARK. Mr. Speaker, I rise today to bring your attention to the 
recent Human Rights Watch report, Getting Away with Torture?: Command 
Responsibility for the U.S. Abuse of Detainees. This report reveals the 
unthinkable: The torture carried out against prisoners under U.S. 
authority may have been part of an official government policy. The 
report also points out that none of the government and military 
investigations carried out so far has independently examined the 
culpability of top civilian and military officials.
  Despite strong evidence showing that high-ranking U.S. officials may 
be responsible for carrying out immoral and illegal policies, 
``independent'' investigations have focused on protecting high-ranking 
officials and punishing subordinates instead of bringing the guilty to 
justice.
  These actions run counter to the United States' long-standing 
commitment to the spirit of the Geneva Convention. The War Crimes Act 
of 1996 provides criminal punishment for Americans who commit a war 
crime inside or outside the United States, and defines a war crime as 
any ``grave breach'' of the Geneva Conventions. The Anti-Torture Act of 
1996 crimina1izes acts of torture occurring outside the United States' 
territorial jurisdiction regardless of the citizenship of the 
perpetrator or victim.
  It should not have to be stated, but the United Stated must operate 
under the laws it has passed. If crimes have been committed they must 
be investigated completely.
  This report raises important issues and calls for the United States 
Attorney General to appoint a special counsel to carry out an 
investigation and prosecute all government officials and private 
citizens that developed, approved and carried out these torture 
policies. I urge my colleagues to read the report, available online at 
http://www.hrw.org/reports/2005/us0405/.

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