On
US
Torture, Does
Ban Agree CAT
Requires
Prosecution,
or Cat Has His
Tongue?
By
Matthew
Russell Lee
UNITED
NATIONS,
December 11 --
After the much
anticipated US
torture report
was released
on the morning
of December 9,
UN Secretary
General Ban
Ki-moon had no
direct
comment.
Now, does
Ban agree that
the UN
Convention
Against
Torture,
UNCAT, requires
prosecution?
Or has the cat
got his
tongue?
At the
December 9 UN
noon briefing
in New York
Inner City
Press asked UN
spokesman
Stephane
Dujarric for a
comment from
Ban Ki-moon,
which was
expected.
But
Dujarric said
that there was
no comment,
that the UN
was following
it. Video
here, and
embedded
below.
Fully 24 hours
later, at the
December 10
noon briefing,
Dujarric read
out a
statement from
Geneva by the
UN High
Commissioner
for Human
Rights, Prince
Zeid.
Inner City
Press asked
Dujarric why
Ban hadn't
commented in
his own name.
He is
commenting
through me,
Dujarric
replied, and
stands with
Prince Zeid's
comments.
Inner
City Press
asked if Ban
stands with
the comments
of UN Special
Rapporteur on
human rights
in combating
terrorism Ben
Emmerson, that
there should
be
prosecutions.
Apparently not
-- the answer
was
UNclear.
Video
here.
Now on
December 11,
the UN's
Special
Rapporteur on
Torture Juan
E. Mendez
has said
“the
example set by
the United
States on the
use of torture
has been a big
draw-back in
the fight
against such
practice in
many other
countries
throughout the
world... I
travel to
parts of the
world in my
capacity of UN
Special
Rapporteur on
torture
and I can
attest to the
fact that many
states either
implicitly or
explicitly
tell you: ‘Why
look at us? If
the US
tortures, why
can’t we do
it?’ We have
lost a little
bit of the
moral high
ground, but it
can be
regained and
it should be
regained.”
The
publication of
the summary of
the report,
Mendez said,
is but “a
first step in
the direction
of fulfilling
other US
obligations
under
Convention
against
Torture,
namely to
combat
impunity and
ensure
accountability,
by
investigating
and
prosecuting
those
responsible...
In
the past, I
have
engaged the US
Government on
a number of
cases
referenced in
the CIA
report and I
will carefully
study the
replies I have
received and
the
facts now
revealed in
this report.
There is no
doubt that
‘torture
programs right
after 9/11
have made the
matter of
terrorism
worse’
and the
torture that
has taken
place has been
a breeding
ground for
more
terrorism.”
So does Ban
Ki-moon agree
that CAT now
requires
prosecutions?
Or has the cat
got his tongue?
Watch this
site.
The UN
Security
Council
churned on --
UN
Peacekeeping
chief refused
to answer a
simple Inner
City Press
question as he
left the
Council, here
-- even with
some of the
countries
which hosted
“black sites”
for torture
members of the
Council.
An
Amnesty
International
representative
said that
countries that
are members of
the
International
Criminal
Court, which
hosted such
sites, could
be acted
against by the
Court. UN
expert Ben
Emmerson
chimed in,
calling for
prosecutions:
“the
summary of the
Feinstein
report which
was released
this afternoon
confirms what
the
international
community has
long believed
- that there
was a clear
policy
orchestrated
at a high
level within
the Bush
administration,
which allowed
to commit
systematic
crimes and
gross
violations of
international
human rights
law.. The
identities of
the
perpetrators,
and many other
details, have
been redacted
in the
published
summary report
but are known
to the Select
Committee and
to those who
provided the
Committee with
information on
the program...
Torture is a
crime of
universal
jurisdiction.
The
perpetrators
may be
prosecuted by
any other
country they
may travel to.
However, the
primary
responsibility
for bringing
them to
justice rests
with the US
Department of
Justice and
the Attorney
General.”
But
still, from
Ban Ki-moon,
silence. Watch
this site.
* * *
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