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ACLU

AMERICAN CIVIL LIBERTIES UNION

National Headquarters 125 Broad Street, 18th FL New York, NY 10004 2400 (212) 549-2500

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REPORT, IRENE KAHN, AMNESTY INTERNATIONAL, “DENOUNCE TORTURE,
REPORT 2005, FORWARD," MAY 25, 2005

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Last September in a makeshift camp outside El Jeniena in Darfur, Sudan, I listened to a woman describe the attack on her village by government-supported militia. So many men were killed that there were none left to bury the dead, and women had to carry out that sad task. I listened to young girls who had been raped by the militia and then abandoned by their own communities. I listened to men who had lost everything except their sense of dignity. These were ordinary, rural people. They may not have understood the niceties of "human rights", but they knew the meaning of "justice". They could not comprehend why the world was not moved to action by their plight.

It was yet another example of the lethal combination of indifference, erosion and impunity that marks the human rights landscape today. Human rights are not only a promise unfulfilled, they are a promise betrayed.

Take, for instance, the failure to move from rhetoric to reality on economic and social rights. Despite the promises in the Universal Declaration of Human Rights and international human rights treaties that every person shall have the night to an adequate standard of living and access to food, water, shelter, education, work and health care, more than a billion people lack clean water, 121 million children do not go to school, most of the 25 million people suffering from HIV/AIDS in Africa have no access to health care, and half a million women die every year during pregnancy or childbirth. The poor are also more likely to be victims of crime and police brutality.

In September 2000, world leaders adopted the Millennium Declaration, with human rights as a central thread, and a set of Millennium Development Goals, which established some concrete and achievable targets by 2015. They cover issues such as HIV/AIDS, illiteracy, poverty, child and maternal mortality, and development aid. But progress on the Goals has been agonizingly slow and woefully inadequate. They cannot

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BACKGROUND

About Torture

Torture & the Law

US and Intes national
Standards against Torture
Tortured Logic:
Thumbscrewering

Report 2005: Foreword By Irene Khan, Secretary General

Page 2 of 5

be achieved without a firm commitment to equal respect for all human rights -economic, social and cultural as well as civil and political.

The Indifference, apathy and impunity that allow violence against millions of women to persist is shocking. In countries around the world women suffer many forms of violence including genital mutilation, rape, beatings by partners, and killings in the name of honour. Thanks to the efforts of women's groups, there are now international treaties and mechanisms, laws and policies designed to protect women, but they fall still far short of what is required. In addition, there is a real danger of a backlash against women's human rights from conservative and fundamentalist elements.

Women's human nights are not the only casualty of the assault on fundamental values that is shaking the human rights world. Nowhere has this been more damaging than in the efforts by the US administration to weaken the absolute ban on torture.

In 1973 AI published its first report on torture. It found that: "torture thrives on secrecy and impunity. Torture rears its head when the legal barriers against it are barred. Torture feeds on discrimination and fear. Torture gains ground when official condemnation of it is less than absolute." The pictures of detainees in US custody in Abu Ghraib, Iraq, show that what was true 30 years ago remains true today.

Despite the near-universal outrage generated by the photographs coming out of Abu Ghraib, and the evidence suggesting that such practices are being applied to other prisoners held by the USA in Afghanistan, Guantánamo and elsewhere, neither the US administration nor the US Congress has called for a full and independent investigation.

Instead, the US government has gone to great lengths to restrict the application of the Geneva Conventions and to "re-define" torture. It has sought to justify the use of coercive interrogation techniques, the practice of holding "ghost detainees" (people in unacknowledged incommunicado detention) and the "rendering" or handing over of prisoners to third countries known to practise torture. The detention facility at Guantánamo Bay has become the gulag of our times, entrenching the practice of arbitrary and indefinite detention in violation of international law Trials by military commissions have made a mockery of justice and due process.

The USA, as the unrivalled political, military and economic hyper-power, sets the tone for governmental behaviour worldwide. When the most powerful country in the world thumbs its nose at the rule of law and human rights, it grants a licence to others to commit abuse with impunity and audacity. From Israel to Uzbekistan, Egypt to Nepal, governments have openly defied human rights and international humanitarian law in the name of national security and "counter-terrorism".

Sixty years ago, out of the ashes of the Second World War, a new world order came into being, putting respect for human rights alongside peace, security and development as the primary objectives of the UN. Today, the UN appears unable and unwilling to hold its member states to account.

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