VII. Prohibit Renditions to Torture

Besides holding terrorism suspects in abusive secret detention, the CIA has also been responsible for transferring or "rendering" persons to other countries for abusive interrogations. Since 2001, the CIA is believed to have rendered detainees to countries such as Syria, Egypt, Morocco, Libya, and Jordan, notorious for their abusive detention practices. While it is not known precisely how many people the CIA has rendered to foreign custody in recent years, CIA Director Michael Hayden stated in 2007 that fewer than 100 people–"mid-range two figures"–had been subject to rendition since the September 11 attacks.

The practice of unlawful rendition did not begin with the Bush administration, but it should end with it.[5] Human Rights Watch and others have documented how numerous rendered prisoners were subjected to torture and other ill-treatment while in foreign custody. Ibn al-Sheikh al-Libi, whom the CIA handed over to Egypt and possible other countries for temporary detention, was reportedly tortured until he admitted to a connection-later found to be false-between Iraqi leader Saddam Hussein and al-Qaeda. At present, 26 Americans, including 25 supposed CIA operatives, are being tried in absentia in Milan, Italy, for the rendition to Egypt of Egyptian cleric Hassan Mustafa Osama Nasr, known as Abu Omar, who claims that he was badly tortured in Egyptian custody.

Defending the practice of rendition in 2005, Secretary of State Condoleezza Rice stated that, where necessary, "the United States seeks assurances [when carrying out renditions] that transferred persons will not be tortured."[6] But there is substantial evidence to show that such diplomatic assurances do little to protect people at risk of torture on return. To the contrary, dozens of detainees have reportedly been subject to torture and other abuse despite promises of humane treatment from the receiving government. Moreover, both the receiving and sending government have an incentive to hide mistreatment, and, even when there is a monitoring system in place, detainees are often too afraid of reprisal to report abuse.[7]

President Obama should put an end to the practice of rendition to torture, which violates fundamental rights. Specifically, he should:

(1)Repudiate the use of rendition to torture as a counterterrorism tactic and issue an executive order permanently discontinuing the CIA's rendition program.

(2)Disclose the identities, fate, and current whereabouts of all persons rendered to foreign custody by the CIA since 2001.

(3)Repudiate the use of "diplomatic assurances" as a justification for transferring suspects to countries where there is otherwise reason to believe they will face torture and ill-treatment.