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Reagon Administration signs UN convention against torture

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chknltl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-24-09 06:54 PM
Original message
Reagon Administration signs UN convention against torture
Edited on Mon Aug-24-09 07:52 PM by chknltl
When Ron Reagan, (son of President Reagan) was asked on his show today, what his father's views on torture were, he said that he knew that his father felt torture to be abhorrent. He further felt that it would be a good idea for folks from all sides of the political spectrum to revisit the UN Convention on torture that the Reagan Administration helped construct and was a signatory to. Here then is that UN Convention with an opening by President Reagan:

http://findarticles.com/p/articles/mi_m1079/is_n2137_v88/ai_6742034/?tag=content;col1

Following are the President's message to the Senate and the text of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment signed on behalf of the United States by Deputy Secretary of State John C. Whitehead on April 18, 1988, at the United Nations. The United States became the 63d nation to sign the convention, which was adopted by the UN General Assembly in December 1984 and entered into force on June 26, 198 7, after it was ratified by 20 nations.

"The United States participated actively and effectively in the negotiation of the Convention . It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.

The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called "universal jurisdiction." Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.

In view of the large number of States concerned, it was not possible to negotiate a treaty that was acceptable to the United States in all respects. Accordingly, certain reservations, understandings, and declarations have been drafted, which are discussed in the report of the Department of State. With the inclusion of these reservations, understandings, and declarations, I believe there are no constitutional or other legal obstacles to United States ratification, The recommended legislation necessary to implement the Convention will be submitted to the Congress separately.

Should the Senate give its advice and consent to ratification of the Convention, I intend at the time of deposit of United States ratification to make a declaration pursuant to Article 28 that the United States does not recognize the competence of the Committee against Torture under Article 20 to make confidential investigations of charges that torture is being systematically practiced in the United States. In addition, I intend not to make declarations, pursuant to Articles 21 and 22 of the Convention, recognizing the competence of the Committee against Torture to receive and consider communications from States and individuals alleging that the United States is violating the Convention. I believe that a final United States decision as to whether to accept such competence of the Committee should be withheld until we have had an opportunity to assess the Committee's work. It would be possible for the United States in the future to accept the competence of the Committee pursuant to Articles 20, 21, and 22, should experience with the Committee prove satisfactory and should the United States consider this step desirable.

By giving its advice and consent to ratification of this Convention, the Senate of the United States will demonstrate unequivocally our desire to bring an end to the abhorrent practice of torture.

RONALD REAGAN"

Following are snippets of current intrest from this Convention which was signed on to by the Reagan Administration:

snip from Article 1:

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
((Seems clear to me that they, to include the Reagan Administration, knew exactly what constituted torture.))

Snip from Article 2:
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
((.... why again did the bush administration condone torture's use?))

snip from Article 3:
No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
((Didn't we do exactly that under bush's watch?))

snip from Article 14:
1. Each State Party shall ensure in its legal system that the victim of any act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.
((President Obama, the ball is in your court))









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Faryn Balyncd Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-24-09 07:02 PM
Response to Original message
1. Does today's RW ever fail to reach new depths?
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chknltl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-24-09 07:37 PM
Response to Reply #1
3. sorry, I've updated since you posted
As I was working on this OP I accidentally hit the 'post' button before I was ready. I've since edited in what I was trying to place into the OP. My overall point, is that those who support torture, (most of whom feel President Reagan was the next best thing since Jesus came along), should take a close look at what their President Reagan felt about torture. Regardless of how I feel about President Reagan, (He's still a "Drugstor Truck Drivin' Man" to me), he at least got this one right!
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upi402 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-24-09 07:05 PM
Response to Original message
2. or at the instigation of or with the consent or acquiescence of a public official
Like Gramma's nightgown, COVERS A LOT!
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