ABSTRACT

Renditions: Constraints Imposed by Laws on Torture [Updated October 12, 2007]   [open pdf - 190KB]

"Persons suspected of criminal or terrorist activity may be transferred from one State (i.e., country) to another for arrest, detention, and/or interrogation. Commonly, this is done through extradition[…][.] Far less often, such transfers are effectuated through a process known as 'extraordinary rendition' or 'irregular rendition.' These terms have often been used to refer to the extrajudicial transfer of a person from one State to another. In this report, 'rendition' refers to extraordinary or irregular renditions unless otherwise specified. Although the particularities regarding the usage of extraordinary renditions and the legal authority behind such renditions are not publicly available, various U.S. officials have acknowledged the practice's existence. Recently, there has been some controversy as to the usage of renditions by the United States, particularly with regard to the alleged transfer of suspected terrorists to countries known to employ harsh interrogation techniques that may rise to the level of torture, purportedly with the knowledge or acquiescence of the United States. This report discusses relevant international and domestic law restricting the transfer of persons to foreign states for the purpose of torture. The U.N. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), and its domestic implementing legislation (the Foreign Affairs Reform and Restructuring Act of 1998) impose the primary legal restrictions on the transfer of persons to countries where they would face torture. Both CAT and U.S. implementing legislation generally prohibit the rendition of persons to countries in most cases where they would more likely than not be tortured, though there are arguably limited exceptions to this prohibition."

Report Number:
CRS Report for Congress, RL32890
Author:
Publisher:
Date:
2007-10-12
Series:
Copyright:
Public Domain
Retrieved From:
Via E-mail
Format:
pdf
Media Type:
application/pdf
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