Letter from Theo van Boven, U.N. Special Rapporteur on Torture to Amb. Moley concerning the detention of Riduan "Hambali" Isamuddin. Mr. van Boven expresses his opinion that Mr. Isamuddin is in "secret" U.S. detention and is being held incommunicado. Mr. van Boven states that Mr. Isamuddin's rights are "set forth…in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the Protection of all persons from being subjected to Torture and Other Cruel, inhuman or Degrading Treatment or Punishment, and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment" and should be afforded "the safeguards concerning the liberty, security and the dignity of the person." Finally, Mr. van Boven asked that Mr. Isamuddin not be deported to any of the countries desiring him for criminal charges of terrorism if "the aforementioned person would not be subjected to torture or any other forms of Ill-treatment upon" delivery to that government.
Aug-25-2004 04:10pm
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21 August 2003
Excellency,
I have tr..e honour to address you in my capacity as Special Rapporteur on torture, pursuant to Commission on Human Rights resolution 200)/62.
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In this g:onnection, I wouldea to draw theeof our Excellency's Government to information I buvo received regardin duan lea d • aks Flambe an /ndonesian national who is believed to be the operations chief of Jemash Islarniyah (JD, a Southeast Asian extremist Islainio group, with suspected links to al-Qa'ida. He was reportedly arrested on 11 August 2003 in the city of Ayutthaya, Thailand, and he is alleged -to be currently held in the custody of the United States of America at an ' undiaolosod location for interrogation. According to the information received, authorities in Indonesia have publicly called for him to be transferred to their custody and the authorities of Philippines, Singapore and Malaysia are alto said to want him for questioning. In view of his alleged incommunicado detention at an unknown place, fears have born expressed that he may be subjected to torture and other forms of ill
treatment.
Without in any way implying any conclusion as to the facts of the case and acknowledging the duty of govarrimenn, to protect public safety and to inveldgate crime, i should like to appeal to your Excelleney to Beck clarification of the circumstances with a view to ensuring that the right to physical and mental integrity of the above-named person is protected_ This right ie set forth inter alis in the Univereal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the Protection of All. Persons from being subjected to Torture and Other Cruel, inhuman or Degrading Treatment or Punishment, and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Portishment. 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 the dignity of tht.person." (paras 10 and 14 respectively).
H.E. Mr. Kevin E. Moley
Ambassador
Permanent Raprearssative of the United States .
Chamb6sy
Suisse
Received Tine 21iAug. 17:15
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: FRANK E SCHMELZER
DATE/CASE ID: 10 DEC 2004 200303827 UNCLASSIFIED_DOS-000483
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T-898 P.003/007 F-945
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Furthermore, the Human Rights Committee, in its General Comment 20 on article 7, has stated that. State Parties "must not cxposc individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to anather country by way of extradition, expulsion or rcfoulanent." I would mention that under article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, no State Fatly shall expel, retuni or• extradite a person to another State what there are substantial grounds for believing that the person would be in danger of being subjected to torture. In our opinion, the principle contained. in the Human Rights Committee's statement and the above
provision of the Convention against Torture represents an inherent part of the overall fundamental obligation to avoid contributing ih any way to a violation of the prohibition of torture and other cruel. inhuman or degrading treatrnent or punishment.
I would also like to appeal your Excellency's Govcrtutkent to refrain from deporting the aforementioned person to Indonesia, unless your Excellency's Government obtains an unequivocal guarantee from the Government of Indonesia that the aforementioned person would not be subjected to torture or any other forms of Ill-treatment upon return, and that an effective system to closely monitor the treatment of the person in question has been put into plate with a view to ensuring that they will be treated with rospeot for their human dignity.
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 legal itutructnents referred to above, as they apply to the aforementioned person. international
Accept. Excellenoy, the assurances of my highest consideration.
Theo Van Eleven
Spacial Rappotteur on torture
Received Time 2I.Aug. 17:15
DOS-000484
UNCLASSIFIED