Joe Biden: "Torture Of Detainees Is Unacceptable And Is Not Permitted By U.S. Law. Period."

October 4, 2007 -- Washington, DC – Today’s news revealed the Justice Department produced secret memos condoning the use of torture and other abusive interrogation techniques on detainees. U.S. Senator Joseph R. Biden, Jr. (D-DE) asked his colleagues to join him in condemning not only the Administration’s duplicity with Congress and the American people, but also its policy permitting torture. He reiterated his call for the Senate to support his legislation, which prohibits the torture, abuse, or mistreatment of any detainee in United States custody.

“Today’s news suggests once again that the Administration has misled Congress and the American people,” said Sen. Biden, former Chairman and senior member of the Senate Judiciary Committee.

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The New York Times reported today that the Bush Administration’s Department of Justice, after publicly disavowing the use of “torture” on detainees, issued several secret opinions justifying the abusive treatment of terror suspects on the grounds that such interrogation methods did not violate international laws, such as the UN Convention Against Torture.

“We cannot allow the Administration to continue to equivocate and dissemble on this matter,” said Sen. Biden. “We need to send a clear message – to the Administration, to the foreign partners with whom we must cooperate to effectively combat terrorism, and to concerned individuals all over the world – that torture of detainees is unacceptable and is not permitted by U.S. law. Period.”

In July, Sen. Biden introduced the National Security with Justice Act to reform United States policies on the apprehension, detention, treatment and transfer of suspected terrorists. The legislation, among other things, unambiguously prohibits any United States personnel, including members of our intelligence services, from torturing and mistreating detainees. Specifically, Senator Biden’s bill closes this loophole by prohibiting all officers and agents of the United States from using techniques of interrogation not authorized by the United States Army Field Manual on Intelligence Interrogation.

The National Security with Justice Act will:

Close Black Sites & Extra-Judicial Prisons
This legislation will prohibits U.S. detention of terrorism suspects in secret, extraterritorial prisons such as CIA “black sites.” Under this legislation, the United States must timely transfer terrorism suspects to legal custody in the United States or a foreign country that will not torture or mistreat them.

Prohibit Extraordinary Rendition
This legislation creates new safeguards by requiring intelligence services to apply for and obtain an order of rendition – similar to an arrest warrant for national security purposes – from the FISA Court prior to any rendition. The application and order process ensures that rendition is used only if we have solid intelligence indicating that the suspect is a dangerous terrorist. Most importantly, the bill prohibits rendition to countries that torture or mistreat detainees or to secret prisons. The bill includes an emergency exception allowing intelligence services to obtain an order of rendition after taking an individual into custody (but always before that individual is turned over to another country) when special circumstances exist.

Prohibit the Torture or Mistreatment of Detainees in U.S. Custody
This legislation closes gaps intentionally left in the President’s July 20, 2007 Executive Order to allow the CIA to use interrogation techniques prohibited by the Army Field Manual. The legislation prohibits all U.S. personnel, including the CIA, from using interrogation techniques not authorized in the Field Manual.

Modify the Definition of “Unlawful Enemy Combatant”
This legislation changes the Military Commission Act’s definition of the term to clarify that U.S. citizens or lawfully admitted aliens taken into custody within the territorial jurisdiction of the United States cannot be considered unlawful enemy combatants. These individuals must be prosecuted within the criminal justice system.

Extend Habeas Corpus to Detainees
This legislation repeals the provisions in the Detainee Treatment Act and Military Commission Act that purport to deprive Guantanamo detainees of the writ of habeas corpus – the ability to argue to a court of law that they are being held in error. The legislation clarifies that all detained terrorism suspects held by the United States can invoke habeas corpus to challenge their classification as an unlawful enemy combatant and their conviction by a military commission of a war crime.

Source: Senator Joe Biden