DOS Fax Cover Sheet re: Correspondence Received from UNHCHR

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Fax from Beth Ryley to Linda Muncy and Tom Johnson re attached letter from Theo Van Boven. The letter is addressed to Kevin Moley and reminds him of the obligations to refrain from torture and to investigate allegations. The letter poses several questions of allegations in attached doc.

Doc_type: 
Letter
Doc_date: 
Tuesday, October 7, 2003
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

LI •J%,(0LUUJ
J•UU No.b4I fP.
UNCLASSIFIED
11 Route de Pregny 1292, Chambesy Geneva, Switzerland
Phone: 41-22-749-4621 Fax: 41-22-749-4717

RELEASED IN FULL
To: LINDA MUNCY & TOM JOHNSON From: BETH RYLEY . Office: 10/SHA Office: PSA Fax: 001-202-647-4628 Phone: Phone: Email Addr: ryleyei@state.gov Email Addr: No. of Pages Including Cover. 5
-
ubject; CORRESPONDENCE RECEIVED FROM UNHCHR i jUrgent CAFor Review ¦ Please Comment .Please Reply Comments:
Please find attached correspondence received from UNHCHR concerning detainees in Bagram Air Base.
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 10 DEC 2004 200303827 UNCLASSIFIED0DOS-000486
LI •,UCI • LUU3.:1.UO
No.60'4fP. 2

50 (03) LASSIFIED
NATIONS UNIES UNITED NATIONS
HAUT COMMISSARIAT AUX DROITS DE L'HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS
Jfi¦ • (41-22)3917 90 06
1142remmes: UNATION3, CtNEVE
.414x: 41 29 62 Tdliyhoee:.(41-22)) 917 39 32 Internet www.unhchr.ch RELEASED IN FULL
E-mail: urgent•ection@enehr.org
Address!
Nail des Nations
CH-I111 GENEVE 10

REPERFHCE: C/50 214 (53,14) USA 47/2003
7 October 2003

Excellency,
I have the honour to write to you in my capacity as Special Rapporteur of the Commission on Human Rights on torture and in accordance with Commission resolution 2001/62, entitled "Torture and other cruel, inhuman or degrading treatment or punishment". In its resolution 2003/32, adopted at its 59 th session, the Commission intrigir.
"I. Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all Governments to implement fully the prohibition of torture and other cruel, inhuman or degrading treatment or punishment;
8. Stresses in particular that all allegations of torture or other cruel, inhuman or degrading treatment or punishment should be promptly and impartially examined by the competent national authority, that those who encourage, order, tolerate or perpetrate acts of torture must be held responsible and severely punished, including the officials in charge of the place of detention where the prohibited act is found to have taken place, notes in this respect the Principles on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment - the Istanbul Principles ­annexed to Commission resolution 2000/43 and General Assembly resolution 55/89 as a useful tool in efforts to combat torture, and reiterates its request to the Special Rapporteur, in the normal course of his work, to solicit views from Governments and non-governmental organizations;"
I would further like to refer to resolution 2002/84 of the Commission on Human Rights, entitled "Human Rights and Thematic Procedures", which inter alia:
"2. Encourages all Governments to cooperate with the Commission through the pertinent thematic procedures by responding without undue delay to requests for information made to them through the thematic procedures, so that the procedures may carry out their mandates effectively;
3. Calls upon the Governments concerned to study carefully the recommendations addressed to them under thematic procedures and to keep the relevant mechanisms informed without unduc delay on the progress made towards their implementation;"
RE. Mr. Kevin E. Moley Ambassador 'ermenant Representative of United States of America
3 the United Nations at Geneva Louie de Pregny 11 1292 Chambery
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: FRANK E SCHMELZER
UNCLASSIFIED0DOS-000487

DATE/CASE ID: 10 DEC 2004 200303827
LI.UUl• LUUO

No•b4I30P. 3

UNCLASSIFIED
SO COS)
In the exercise of my mandate I continue to receive and examine information about incidents of torture. In this connection I should like to bring to your Government's attention allegations I have recently received
• slating to your country., a summary of which you will find in an annex to this letter. I would, therefore, request
our cooperation in clarifying the substance of these allegations. In order to do so, information concerning the following would be useful, where it is pertinent to the cases in question:

Whether the allegations are factually accurate.


Any other factual circumstances which should be taken into account in assessing the implications of the allegations.


The court, agency or other competent body which was, or is, responsible for investigation of the allegations and/or the prosecution of those responsible.


The result of any medical examination and the identity of the person who performed it.


The identity of the person or persons, group or unit responsible for the torture, if known, as well as the identity of any military, police, paramilitary, civil defence or similar body, or armed group not under government control, to which those responsible belong.


The decision on a complaint, the grounds for this decision and any disciplinary or criminal sanctions imposed, as well as whether or not the measure(s) imposed is (are) final.


The present status of any investigation or legal action not yet completed.


The nature and amount of any compensation made to the victim or his/her relatives.


In the event the investigation has not been completed, the responsible parties have not been identified, prosecuted, or punished or compensation not paid, the reasons why such is the case.


Any other information or observations which your Government deems pertinent.

In addition, I would urge your Government to take any steps which might be necessary in order to investigate, prosecute and impose appropriate sanctions on any persons guilty of torture regardless of any rank, office or position they may hold, as well as to take effective measures to prevent the recurrence of such acts and to compensate the victims or their relatives, in accordance with the relevant international standards. A summary of such standards as they pertain to my mandate can be found in the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the General Assembly on 9 December 1988 (Res. 43/173).
I would be grateful if the reply of your Government were to be received at the Office of the United Nations High Commissioner for Human Rights by 28 November 2003. I shall also make myself available for any consultations which you may consider desirable. Arrangements for consultations may be made through the Office of the United Nations High Commissioner for Human Rights in Geneva.
Please accept, Excellency, the assurances of my highest consideration.
Theo van Boven
Special Rapporteur of the Commission
on Human Rights on torture

UNCLASSIFIED0DOS-000488

Doc_nid: 
5992
Doc_type_num: 
69