Degrading Punishment
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment in 2013
United States views on international law [1] in relation to Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment: Report to the UN Committee Against Torture
On August 12, 2013, the United States submitted its third, fourth, and fifth periodic reports to the United Nations Committee Against Torture (as one document), in keeping with the requirement for periodic reports in Article 19 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 1465 U.N.T.S. 85 (1984). See this world legal encyclopedia (in relation to issues that took place in the year 2005) at 341-71 regarding the second period report of the United States to the Committee, submitted on May 6, 2005. See also this world legal encyclopedia (in relation to issues that took place in the year 2006) at 403-21, summarizing U.S. interactions with the Committee in response to the second periodic report, and this world legal encyclopedia (in relation to issues that took place in the year 2007) at 375-77, excerpting the U.S. response to specific recommendations by the Committee in relation to the second periodic report. Excerpted below is the Introduction to the 2013 submission. The full text of the report is available at (Secretary of State website) state.gov/j/drl/rls/213055.htm. The report is also excerpted in Chapter 18.
Some Aspects of Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
1. It is with great pleasure that the Government of the United States of America presents its Periodic Report to the United Nations Committee Against Torture concerning the implementation of its obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “Convention” or “CAT”), pursuant to Article 19 of the Convention. This document constitutes the third, fourth, and fifth periodic reports of the United States. 2. The absolute prohibition of torture is of fundamental importance to the United States. As President Obama stated in his address to the nation on national security, delivered at the National Archives on May 21, 2009: “I can stand here today, as President of the United States, and say without exception or equivocation that we do not torture, and that we will vigorously protect our people while forging a strong and durable framework that allows us to fight terrorism while abiding by the rule of law.” Most recently, in his May 23, 2013 speech at the National Defense University, the President reiterated that the United States has “unequivocally banned torture.”
Developments
3. Marking the anniversary of the CAT's adoption on June 24, 2011, President Obama noted that, more than two decades ago, President Reagan signed and a bipartisan coalition provided Senate advice and consent to ratification of the Convention, “which affirms the essential principle that under no circumstances is torture ever justified.” President Obama continued:
. . . Torture and abusive treatment violate our most deeply held values, and they do not enhance our national security – they undermine it by serving as a recruiting tool for terrorists and further endangering the lives of American personnel. Furthermore, torture and other forms of cruel, inhuman or degrading treatment are ineffective at developing useful, accurate information. As President, I have therefore made it clear that the United States will prohibit torture without exception or equivocation, and I reaffirmed our commitment to the Convention's tenets and our domestic laws. As a nation that played a leading role in the effort to bring this treaty into force, the United States will remain a leader in the effort to end torture around the world and to address the needs of torture victims. We continue to support the United Nations Voluntary Fund for Victims of Torture, and to provide funding for domestic and international programs that provide assistance and counseling for torture victims. We also remain dedicated to supporting the efforts of other nations, as well as international and nongovernmental organizations, to eradicate torture through human rights training for security forces, improving prison and detention conditions, and encouraging the development and enforcement of strong laws that outlaw this abhorrent practice.
Details
The full text of the President's statement is available at (President's Subdomain) whitehouse.gov/the-pressoffice/2011/06/24/statement-president-international-day-support-victims-torture.
More
4. Treaty reporting is a way in which the Government of the United States can inform its citizens and the international community of its efforts to ensure the implementation of those obligations it has assumed, while at the same time holding itself up to the public scrutiny of the international community and civil society. In preparing this report, the United States has taken the opportunity to engage in a process of stock-taking and self-examination. Representatives of U.S. government agencies involved in implementation of the Convention met with representatives of non-governmental organizations as part of outreach efforts to civil society in this process. The United States has instituted this process as part of its efforts to improve its communication and consultation on human rights obligations and policies. Thus, this report is not an end in itself, but an important tool in the development of practical and effective human rights strategies by the U.S. government.
More
5. This report was prepared by the U.S. Department of State (DOS) with extensive assistance from the U.S. Department of Justice (DOJ), the U.S. Department of Defense (DoD), the U.S. Department of Homeland Security (DHS), the U.S. Department of Education (ED) and other relevant components of the U.S. government. It responds to the 55 questions prepared by the Committee and transmitted to the United States on January 10, 2010 (CAT/C/USA/Q/5) pursuant to the new optional reporting procedure adopted by the Committee in May 2007 at its 38th Session (A/62/44). The information included in the responses supplements information included in the U.S. Initial Report (CAT/C/28/Add.5, February 9, 2000, hereinafter referred to as “Initial Report”) and its Second Periodic Report (CAT/C/48/Add.3, June 29, 2005, hereinafter referred to as “2005 CAT Report”), and information provided by the United States in connection with Committee meetings considering the reports, including its 2006 Response to List of Issues (April 28, 2006, hereinafter referred to as “Response to List of Issues”) and 2007 Follow-up (July 25, 2007). It also takes into account the Concluding Observations of the Committee Against Torture (CAT/C/USA/CO/2, July 25, 2006), as referenced in the questions provided by the Committee. Throughout the report, the United States has considered carefully views expressed by the Committee in its prior written communications and in its public sessions with the United States. A list of acronyms used in the report, and the full name of each, is attached as Annex B.
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
In relation to the international law practice and torture and other cruel, inhuman, or degrading treatment or punishment in this world legal Encyclopedia, please see the following section:
Human Rights
Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on torture and other cruel, inhuman, or degrading treatment or punishment in this law Encyclopedia.
Cruel, Inhuman and Degrading Punishment
Embracing mainstream international law, this section on cruel, inhuman and degrading punishment explores the context, history and effect of the area of the law covered here.
Resources
Further Reading
- The entry “cruel, inhuman and degrading punishment” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press
Resources
Notes
- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment in the Digest of United States Practice in International Law