DOS Cable regarding a letter from Special Rapporteur on Torture, Theo van Boven, to Ambassador Bremen regarding the detention of four individuals in Basra, Iraq. The letter reports that the detainees are being held incommunicado by the UK military, and are being tortured; methods of torture include, lashings with iron sticks. Mr. van Boven seeks information about the health and state of the detainees.
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NotesTele.TXT
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TSi.EGRAM March 24, 2004
RELEASED IN PART
To: SECSTATE WASHOe -PR IORITY B6
Action: 10
\
From: USMISSION GENEVA (GE NEVA 824 - PRIO RITY)
TAGS: PHU1-l
Captions: None
Subjec~; LSTTER FROM SPSCIAL RAPPORTEUR ON T ORTURE TO AMBASSAuOR
BREMMER REGARDING F OUR MEN BEING H ELD IN B ASRA, IRAQ
Ref: None
1. Mission has received a letter dated March 12, 2004 from Theo van Boven, Special Rapporteur on Torture regarding the
detention of four individuals in Bas~a, Iraq.
2. Begin text of letter:
Excellency,
I have the honour to address you Rapporteur on torture pursuant in my capacity to Commission on as SpHuman ecial Rights
resolution 2001/62.
In this connection, I would like to draw the attention of your Excellency's Government to information I have received
regarding I
B6
I The four men are reportedly held incommunicado
L.....:-----'
detention at the "Intelligence Directorate" in Basra; Basra
being currently under control of the United Kingdom military.
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UNITED STATES DEPARTMENT OF STATE REVIEW AliTHORITY: WILLIAM E LA'4DFAIR DATE/CASE 10: 02 NOV 2004 200303827
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NotesTele.TXT
The "Intelligence Directorate" was reportedly formed a few months ago by the Badr organization, the alleged armed wing of the political group, the Supreme Council for the Islamic Revolution in Iraq. Several people are said to have been held incommunicado and tortured at the directorate's headquarters in Basra. The methods of torture reportedly include lashing on various parts of the body, specifically on t~e back with an iron stick inserted inside a plastic pipe.
In view of their alleged incommunicado detention, it is
feared that they may be at risk of torture or ill-treatment.
Without in any way implying any determination of the facts of
:he case, I should like to appeal to your Excellency :0 seek
clarification of the circumstances with a view to ensuring
that the right to physical and mental integrity of the
above-named persons is protected. Under Articles 3 and 4 of
the 1949 Geneva Convention relative to the Protection of
Civilian Persons in Time of War, the Coalition Provisional
Authority, as the occupying power is obliged to respect the
rights of civilians in occupied territories, including the
prohibition of cruel treatment, torture, and humiliating and
degrading treatment. Moreover, this is set forth, inter
alia, in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and the
Declaration on the Protection of All Persons from being
subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. I would also like to draw your
Excellency's attention to Commission on Human Rights
resolution 2001/62 and 2003/32 which remind all States that
"prolonged incommunicado detention may facilitate the
perpetration of torture and can in itself constitute a form
of cruel, inhuman or degrading treatment, and urges all
States to respect the safeguards concerning the liberty, . security and dignity of the person." (paras 10 and 14
respectively) .
I would greatly appreciate receiving information from your
Excellency's Government concerning the steps taken by the
competent authorities in compliance with the provisions
contained in the international legal instruments referred to
above, as they apply to the aforementioned persons.
Accept, Excellency,. the assurances of my highest
consideration.
Theo van Boven
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NotesTelt.:.7XT Special Rapporteur on Torture
End text of letter.
2. Mission will transmit by fax a copy of the letter :0 IO/SHA, attention Thomas Johnson. Moley
Addltional Addressees:
HQ COALITION PROVISIONAL AUTH BAGHDAD
ce--·
t~()ne
Distribution:
TED0633 ACTION 10-00
INFO LOG-OO AID-OO CA-OO CIAE-OO INL-OO DODE-OO SRPP-OO DS-OO EB-OO EUR-OO E-OO UTED-OO VC-OO H-OO TEDE-OO INR-OO L-OO VCE-OO NEA-OO NSAE-OO NSCE-OO OIC-OO OMB-OO PA-OO PER-OO PM-OO PRS-OO P-OO 0-00 sp-oo IRM-OO SSO-OO SS-OO STR-OO· TEST-OO TRSE-OO USIE-OO R-OO PMB-oa DSCC-OO PRM-OO DRL-OO G-OO SAS-OO SWCI-OO /OOOW ------------------01751F 241201Z /38
P 241200Z MAR 04
FM USMISSION GENEVA
TO HQ COALITION PROVISIONAL AUTH BAGHDAD PRIORITY 0004
SECSTATE WASHDC PRIORITY 9640
UNCLAS GENEVA 000824
CPA FOR AMBASSADOR BREMMER STATE FOR IO/SHA, DRL/MLA, NEA/NGA
E.O. 12958: N/A TAGS: PHUM SUBJECT: LETTER FROM SPECIAL RAPPORTEUR ON TORTURE TO AMBASSADOR BREMMER REGARDING FOUR MEN BEING HELD IN BASRA, IRAQ
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