CAT/C/USA/CO/2
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5.
Recalling its statement adopted on 22 November 2001 condemning utterly the terrorist
attacks of 11 September 2001, the terrible threat to international peace and security posed by acts
of international terrorism and the need to combat by all means, in accordance with the Charter of
the United Nations, the threats caused by terrorist acts, the Committee recognizes that these
attacks caused profound suffering to many residents of the State party. The Committee
acknowledges that the State party is engaged in protecting its security and the security and
freedom of its citizens in a complex legal and political context.
B. Positive aspects
6.
The Committee welcomes the State party’s statement that all United States officials, from
all government agencies, including its contractors, are prohibited from engaging in torture at all
times and in all places, and that all United States officials from all government agencies,
including its contractors, wherever they may be, are prohibited from engaging in cruel, inhuman
or degrading treatment or punishment, in accordance with the obligations under the Convention.
7.
The Committee notes with satisfaction the State party’s statement that the United States
does not transfer persons to countries where it believes it is “more likely than not” that they will
be tortured, and that this also applies, as a matter of policy, to the transfer of any individual, in
the State party’s custody, or control, regardless of where they are detained.
8.
The Committee welcomes the State party’s clarification that the statement of the
United States President on signing the Detainee Treatment Act on 30 December 2005 is not to be
interpreted as a derogation by the President from the absolute prohibition of torture.
9.
The Committee also notes with satisfaction the enactment of:
(a)
The Prison Rape Elimination Act of 2003, which addresses sexual assault of
persons in the custody of correctional agencies, with the purpose, inter alia, of establishing a
“zero-tolerance standard” for rape in detention facilities in the State party; and
(b)
That part of the Detainee Treatment Act of 2005 which prohibits cruel, inhuman,
or degrading treatment and punishment of any person, regardless of nationality or physical
location, in the custody or under the physical control of the State party.
10.
The Committee welcomes the adoption of National Detention Standards in 2000, which
set minimum standards for detention facilities holding Department of Homeland Security
detainees, including asylum-seekers.
11.
The Committee also notes with satisfaction the sustained and substantial contributions of
the State party to the United Nations Voluntary Fund for the Victims of Torture.
12.
The Committee notes the State party’s intention to adopt a new Army Field Manual for
intelligence interrogation, applicable to all its personnel, which, according to the State party, will
ensure that interrogation techniques fully comply with the Convention.