July 2006
United States: Supreme Court Rules Military Commissions Illegal
In a landmark decision, the Supreme Court ruled in the case of Hamdan v. Rumsfeld that President Bush did not have authority to set up military commissions at Guantánamo Bay, Cuba. The court also found the military commissions illegal under both U.S. military justice law and the Geneva Conventions. Since the creation of military commissions in 2002, Human Rights Watch has asserted that the military commissions at Guantánamo violated fundamental rights to due process and a fair trial. Through first-hand accounts, publicly released letters to senior officials, press releases, op-eds, background information, media interviews, and a legal brief in the Hamdan case itself, we exposed the commissions' lopsided take on justice—the denial of independent judicial oversight by a civilian court, severe restrictions on the right to conduct a defense, and the possible use of evidence obtained through torture and other forms of coercion. The Supreme Court's ruling sets new limits on the executive branch's powers in wartime, reasserts the right of all detainees to fair and humane treatment, and adds to the pressure on the administration to abide by international law. As the repercussions of this enormously significant decision unfold in the coming months, Human Rights Watch will continue our strong advocacy against the United States' erosion of international human rights standards in the name of counterterrorism. Read More.
United Kingdom: Parliamentary Committee Denounces British Torture Practices
The Joint Committee on Human Rights of the U.K. Parliament last month released a report criticizing the U.K.'s compliance with the U.N. Convention Against Torture, particularly its use of diplomatic assurances. Human Rights Watch played a significant role in informing the Committee about the U.K.'s proposal to send alleged terror suspects to countries where they are at risk of torture with only diplomatic assurances that such persons will not be mistreated. Our groundbreaking research on the issue reveals that diplomatic assurances are routinely and easily violated, and that detainees sent to countries following such assurances in fact have been tortured. Human Rights Watch's research was frequently cited in the Committee's recent report, which concurred that the British government's proposed reliance on diplomatic assurances poses a "substantial risk of individuals actually being tortured." The Committee's conclusions are sure to have an impact on U.K. court challenges and around the world.
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United States: Need for Transparency in Interrogation
Following months of advocacy by Human Rights Watch, senior defense officials have said that the Pentagon in a forthcoming Army Field Manual has likely dropped its plans to make interrogation techniques classified information. Last year, we supported Senator John McCain's successful sponsorship of an amendment to a congressional bill to prohibit the U.S. military and CIA from using "cruel, inhumane, or degrading treatment" in the case of any detainee anywhere in the world. The Pentagon's proposed classified section to the Army Field Manual could have significantly undermined the McCain amendment, creating a separate interrogation regime for so-called "enemy combatants" and reinforcing the message to troops in the field that these prisoners have fewer protections against ill-treatment. We shared our concerns about the proposed classified annex with key congressional allies, including Senator McCain and Senator Carl Levin, who pressed the Pentagon to retract the anticipated changes. Although the new manual has not yet been released, we expect that it will now include one set of unclassified interrogation techniques for all detainees. Human Rights Watch will continue to advocate for improved transparency in the military's treatment of prisoners to prevent the use of torture and other abusive measures. Read More.
Iran Sends Accused Torturer to U.N. Meeting
In the New York Times, Iran researcher Hadi Ghaemi denounces the Iranian government for including a known human rights abuser in its delegation to the inaugural meeting of the U.N. Human Rights Council.
U.S. Ignores Rights Abuses in Colombia
In the Miami Herald, José Miguel Vivanco, director of the Americas division and Maria McFarland, Americas researcher, condemn the Bush administration's unqualified praise of the Colombian government despite its continued involvement in abuses, including "disappearances," extrajudicial killings, and torture.
South Korea Denies Dalai Lama VisaChina researcher Mickey Spiegel, writing in the
Korea Times, criticizes the South Korean government's decision to bow to Chinese pressure to deny the Dalai Lama entry into the country.
E.U. Must Act Against Repression in Turkmenistan
In the New Statesman Rachel Denber, deputy director of the Europe and Central Asia division, calls on the European Union to stop turning a blind eye to the Turkmen government's harsh crackdown on civil society, religious minorities, and political opponents.
