Remarks to the U.N. Committee Against Torture
by Harold Hongju Koh
U.S. Assistant Secretary of State for Democracy, Human Rights & Labor
Geneva, Switzerland
May 10, 2000

Mr. Chairman:

It is a great honor to appear before you today, along with my colleagues, to discuss the initial report that the United States submitted to this Committee in October of 1999 concerning its compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This report has been prepared through extensive collaboration between the U.S. Departments of State and Justice, with input from other Executive Branch departments and agencies, as well as non-governmental organizations and concerned individuals.

As the Introduction to our Report makes clear, the United States has long been a vigorous supporter of the international fight against torture. The United States government played a major role in formulating the U.N. Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in 1975, and in developing the Torture Convention, which we view as a major step forward in the global effort to end torture and other cruel, inhuman or degrading treatment or punishment. We commend this body for its excellent work on behalf of this most worthy goal.

Since the beginning of our Republic, the people of the United States have believed that freedom from torture is an essential component of a functioning democracy and a critical guarantee to any free people. The Eighth Amendment of our Constitution's Bill of Rights, adopted more than two centuries ago, specifically prohibits "cruel and unusual punishments." The Fourth Amendment declares that "[t]he right of the people to be secure in their persons … against unreasonable searches and seizures, shall not be violated," and our Fifth Amendment recognizes a constitutional privilege against self-incrimination that acts, in important part, to bar coerced extraction of confessions, even in pursuit of legitimate law enforcement goals.

Since that time, an extensive body of constitutional doctrine, legislation, regulation and administrative and judicial precedent has been established which gives every person in the United States comprehensive protection against torture. To confirm the United States' abhorrence of torture and our profound commitment to eliminate it in all of its forms, we signed the Convention Against Torture in 1992, and ratified it in October of 1994.

Our report makes clear our unequivocal and unambiguous condemnation of torture as a tool of governmental policy. As the report states: "torture is prohibited by law throughout the United States. It is categorically denounced as a matter of policy and as a tool of state authority. In every instance, torture is a criminal offense. No official of the government, federal, state, or local, civilian or military, is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form. No exceptional circumstances may be invoked as a justification for torture."

To honor this commitment, Congress has legislated both federal civil and criminal sanctions against those who practice torture. The courts have condemned the practice as a matter of international, federal and state law. Under the Alien Tort Claims Act and the Torture Victims Protection Act, we have recognized civil remedies against torturers found in the United States, and the federal and state executive branches have indicated zero tolerance for torture within their jurisdictions. As our report states, "Every unit of government at every level within the United States is committed, by law as well as by policy, to the protection of the individual's life, liberty and physical integrity. Each must also ensure the prompt and thorough investigation of incidents when allegations of mistreatment and abuse are made, and the punishment of those who are found to have committed violations." In addition, the Executive Branch established new regulations last year to ensure that those who can demonstrate that they are more likely than not to be tortured upon return to their country of origin cannot be extradited or deported to face torture at home.

In short, we view the Convention Against Torture as a treaty with far-reaching domestic and international implications both in the administration of justice and the promotion of universal human rights. The Convention's norms have been deeply internalized into American law and governmental practices, and we are committed to promoting the process of further internalization until every vestige of torture within the United States has been wiped out.

Although we are very proud of our record in eliminating torture, we acknowledge continuing areas of concern within the United States. Although our commitment is unambiguous, our record is not perfect. From time to time, allegations of torture do arise, particularly within the difficult domain of law enforcement. Indeed, a few recent incidents have attracted considerable attention both within and without our territorial borders. But we note that torture does not occur in the United States, except in aberrational situations and never as a matter of governmental policy. When it does occur, it constitutes a serious criminal offense, subjecting the perpetrators to prosecution, and entitling the victims to various remedies, including rehabilitation and compensation. Any act falling within the Convention's definition of torture is clearly illegal and prosecutable everywhere in the country. Although we acknowledge areas where we must work harder, we believe that our report accurately and thoroughly exposes our strengths as well.

While we cannot claim to have entirely eliminated torture or cruel, inhuman or degrading treatment from our country, we are determined to make continuing progress. The vibrant public debate about police conduct and prison issues in our country, for example, has helped ensure that we constantly re-examine our practices with a view toward making necessary improvements. Fortunately, we have a very active, free, and independent media and an extremely open society that quickly bring missteps to public light. When added to our independent and effective judicial system, these factors give us confidence that those who still commit torture cannot do so with impunity.

Equally important, we manifest our commitment to eliminating torture world-wide by monitoring, in our annual country reports on human rights practices, the extent to which other countries adhere to their international human rights obligations with respect to torture. At the U.N. Human Rights Commission each spring and at the United Nations General Assembly each fall, we support countries' specific resolutions that mention cases of torture and thematic resolutions that support the work of the U.N. Special Rapporteur on Torture. Where there is evidence of torture, we demand an accounting, whether by the creation of international criminal tribunals, as in the former Yugoslavia and Rwanda, or by supporting the work of truth commissions in such countries as South Africa, Guatemala, and El Salvador.

The United States also recognizes that ending the practice of torture is only half the battle. We are strongly committed to assisting survivors of torture, so that they will not simply be left to fend for themselves. In 1992 the President and Congress worked together to enact the Torture Victims Protection Act and in October 1998, the Torture Victims Relief Act to support the efforts of torture victims who have sought refuge in the U.S. to find justice and compensation for their suffering. Since 1980, the U.S. government has supported civil claims by torture victims under the Alien Tort Claims Act and its successor statutes and has worked with like-minded governments - for example, Denmark - to support torture relief centers in our own country and elsewhere. As our report chronicles, the National Institute of Mental Health has made extensive funding available for research for survivors of torture and related trauma and the Office of Refugee Resettlement of the U.S. Department of Health and Human Services currently provides some $1.7 million in funding to ten organizations in major cities to identify torture survivors among refugee communities.

Nor is the U.S. commitment to helping torture victims confined to U.S. residents alone. As our report indicates, the United States Agency for International Development is committed to assisting torture victims throughout the world, and supports programs in Latin America, Africa, Asia, Europe, and the Newly Independent States. We continue to be the largest single donor to the U.N. Voluntary Fund on Torture, having contributed over $12 million in total, and providing $3 million in 1999 alone.

To honor more fully our obligations under the Torture Convention and other human rights treaties, on December 10, 1998, President Clinton signed a historic executive order, Executive Order 13107 which created an inter-agency working group comprised of representatives from, inter alia, the Departments of State, Justice, Defense, and Labor, and directed that group to work together to ensure that our obligations under international human rights treaties are fully implemented.

That working group has met regularly since, and focused on numerous ways to effectuate its mandate. As my colleague, Mr. William Yeomans, Chief of Staff of the Civil Rights Division, can tell you in great detail, the Department of Justice has established a working group to identify alleged torturers who seek shelter in the United States and to take appropriate action against them, with the prospect of further legislation being considered by our Congress. We are also working closely with our armed services to ensure that military and police training does not benefit any known human rights violators and that we do not sell U.S.-produced equipment to those who commit such abuses. The Administration's commitment to this principle was recently reinforced by legislative provisions in the Foreign Operations and Department of Defense Appropriations Acts requiring increased attention to the record of security force units receiving our assistance, and internal regulations designed to ensure that each of our embassies has a plan to ensure compliance with these statutes.

The struggle to protect individuals from torture and cruel and unusual punishment is not just a concern for the United States, but a matter of genuine importance to people everywhere. The United States believes that the fight against torture is not simply a governmental fight, but rather, one in which NGOs, the media, inter-governmental organizations, and private citizens all can and have served as valuable partners and allies. For these reasons, while we may not always agree with the criticisms we receive from non-governmental and human rights organizations, we welcome their constructive criticism, and applaud these groups for their efforts throughout our country to support torture victims and to help local authorities educate police forces about the legal and human consequences of excessive force.

Mr. Chairman, the foregoing represents just a brief synopsis of the extensive efforts, described in our report, that the United States is taking to combat torture at home and abroad, while maintaining support for those who fall victim to this abuse of universal human rights. We do not claim to have accomplished our mission fully, for we are the first to admit that much remains for us to do. But we are utterly committed to the creation of a country and a world in which, in the words of Article Five of the Universal Declaration of Human Rights, "no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment." We profoundly hope that such a world can be created in this new millennium.

Mr. Chairman, I have served in my current capacity for 18 months. Before taking this position, I represented numerous victims of torture of many nationalities before a variety of national and international fora. Inasmuch as my presence here today can further the goals of Committee Against Torture, I give you my personal pledge to do my utmost to speak honestly about our national record and to carry forward the purposes of this admirable body. I welcome your comments and questions, and I very much look forward to our discussions today and tomorrow.

Let me now present my colleague from the Justice Department, Mr. William Yeomans, who will discuss our national compliance with the Convention Against Torture in further detail.

Thank you.