Loading...
HomeMy WebLinkAboutItem 3F - Res.on Use of TortureEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Adoption of Resolution 4830 Urging the Federal Government of the United States of America to Uphold and Defend International Treaties and Conventions Against Torture and Inhuman Treatment, and Further Ensure That All United States Government Agencies Abide by and Enforce These Treaties Meeting Date: April 11, 2005 Agenda Item Number: 3F Department: City Manager's Office Staff Contact: Mary Walston www. cl. eugene, or. us Contact Telephone Number: 682-5406 ISSUE STATEMENT At the request of a member of the community, the Council Committee on Intergovernmental Relations (IGR) reviewed a request to address a letter to the President of the United States and members of Congress urging them to enforce international treaties and agreements, to which the United States is a party, which prohibit torture. The IGR Committee discussed this topic at the meeting on March 31, 2005, and by a vote of2:1 (Councilors Bettman and Taylor in support, Councilor Pap~ in opposition), requested that in lieu of signing a letter, a council resolution be drafted and placed on the agenda of April 11, 2005. BACKGROUND In an e-mail message from the West Region Organizer of the Bill of Rights Defense Committee dated March 22, 2005, the mayor and city councilor were asked to sign on to letter urging the President and Congress of the United States to enforce international treaties, as well as the Constitution of the United States, which prohibit torture. As noted above, after a discussion by the IGR Committee, a resolution was requested instead of the prepared letter. While the City Council does not usually take positions on foreign or national policy matters, there is precedent for this type of resolution and request for action. In November of 2002, the Lane County Bill of Rights Defense Committee presented a proposed resolution outlining objections to the U.S.A. Patriot Act. The council did adopt Resolution 4743 on November 25, 2002. Another avenue available to the City Council instead of adopting a resolution is signing the prepared letter either as individual councilors or as a council. A copy of the original proposed letter is attached to this agenda item summary. RELATED CITY POLICIES There are no city policies related to this proposed resolution. L:\CMO\2005 Council Agendas\M050411\S0504113F.doc COUNCIL OPTIONS The City Council may adopt the resolution as written, may amend it or may reject it. CITY MANAGER'S RECOMMENDATION The City Manager does not have a recommendation with regard to this proposed amendment. SUGGESTED MOTION None. ATTACHMENTS A. Proposed Resolution No. 4830: A Resolution Urging the Federal Government of the United States of America to Uphold and Defend International Treaties and Conventions Against Torture and Inhuman Treatment, and Further Ensure That All United States Government Agencies Abide by and Enforce These Treaties B. Original Form Letter to Federal Officials FOR MORE INFORMATION Staff Contact: Mary Walston Telephone: 682-5406 Staff E-Mail: mary. f. walston~ci, eugene.or.us L:\CMO\2005 Council Agendas\M050411\S0504113F.doc ATTACHMENT A RESOLUTION No. A RESOLUTION URGING THE FEDERAL GOVERNMENT OF THE UNITED STATES OF AMERICA TO UPHOLD AND DEFEND INTERNATIONAL TREATIES AND CONVENTIONS AGAINST TORTURE AND INHUMAN TREATMENT AND FURTHER TO ENSURE THAT ALL UNITED STATES GOVERNMENT AGENCIES ABIDE BY AND ENFORCE THESE TREATIES. The City Council of the City of Eugene finds that: A. The United States through its own actions or through others acting on its behalf or behest has engaged in acts of torture or cruel, inhuman, or degrading treatment in Afghanistan, Guantanamo Bay, Abu Ghraib, and elsewhere in the world. B. The practice of using torture is an absolute wrongdoing and in addition to inflicting pain, these acts have made both our country and the world less safe from terrorism. C. In using torture the United States government places U.S. military and allied personnel at even greater risk; the use of torture damages the reputation of United States in the eyes of the world, and may discourage other countries from supporting and assisting us in combating terrorism; the use of torture fuels hatred for the United States, giving ammunition to the enemies of the United States; the use of torture allows governments known to abuse human rights to cite the example of the United States as justification for their disregard of human rights. D. The United States is a party to the Geneva Conventions, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Congress, in adopting these treaties, commits the United States to prevent "cruel, inhuman or degrading treatment or punishment" to the extent that phrase means the cruel, unusual, and inhuman treatment or punishment prohibited by the Constitution of the United States. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings, the Council urges President George W. Bush and the members of the Congress of the United States to affirm that the United States may not, through its own actions or through others acting on its behalf or behest, engage in any acts of torture or cruel, inhuman, or degrading treatment anywhere in the world Resolution L:\CMO\2005 Council Agendas\M050411\S0504113F-attA. doc Section 2. The City Council asks President George W. Bush and the members of the Congress of the United States to restore adherence to Constitution of the United States which the President and members of Congress have pledged to uphold and defend, and to ensure that all U.S. government agencies adhere to the aforementioned international treaties and conventions against torture and inhuman treatment. The foregoing Resolution adopted the __ day of ,2005. City Recorder Resolution L:\CMO\2005 Cotmcil Agendas\M050411\S0504113F-ariA.doc ATTACHMENT B To President George W. Bush and Members of Congress We, the undersigned local and regional government bodies, organizations, and individuals urge you to affirm that the United States may not, through its own actions or through others acting on its behalf or behest, engage in any acts of torture or cruel, inhuman, or degrading treatment anywhere in the world. The degrading practices that have been used in Afghanistan, Guantanamo Bay, Abu Ghraib, and elsewhere, and the practice of rendering prisoners to countries known to use torture, are absolute wrongdoings in themselves. In addition to inflicting pain, these acts have made both our country and the world less safe from terrorism in the following ways: They place U.S. military and allied personnel at even greater risk; They damage our country's reputation in the eyes of the world, and may discourage other countries from supporting and assisting us in combating terrorism; They fuel hatred for the United States, giving ammunition to our nation's enemies; and They allow governments known to abuse human rights to cite the example of the United States as justification for their disregard of human rights. Furthermore, according to the Army Field Manual on Intelligence Interrogation, "Use of torture and other illegal methods is a poor technique that yields unreliable results, may damage subsequent collection efforts, and can induce the source to say what he thinks the interrogator wants to hear." And, Army Regulation 190-8 entitled "Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees" prohibits the following as "inhumane treatment": "murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment" such as "rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind." The United States is a party to the Geneva Conventions, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Under congressional guidance, the United States is bound to prevent "cruel, inhuman or degrading treatment or punishment" to the extent that phrase means the cruel, unusual, and inhuman treatment or punishment prohibited by the United States Constitution's Fifth Amendment ban on self-incrimination; Eighth Amendment ban on cruel and unusual punishment; and Fourteenth Amendment guarantee of equal protection under the law. For more than a century, United States policy prohibited torture. The prohibition served us well and must be restored in U.S. policy and practice. U.S. engagement and complicity in torture and inhumane treatment are grave legal and moral wrongs. In addition, they have made the world a more dangerous place, especially for members of our armed forces, and have diminished our country's standing and the example we set for other countries. We, the signatories, ask that you restore adherence to our Constitution, which you have pledged to uphold and defend, and to the aforementioned international treaties and conventions against torture and inhuman treatment by ensuring that all U.S. government agencies enforce them and by enacting legal and agency enforcement procedures. Sincerely,