Letter to House and Senate Conferees
on Human Rights and Torture
Bishop John H. Ricard
July 12, 2004
Dear Conferee:
On behalf of the United States Conference of Catholic Bishops, I write in
support of Section 1057 of S. 2400, the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 ("FY05 Defense Authorization Act").
Section 1057 would codify our nation's constitutional and international
obligations by prohibiting the torture, or cruel, inhuman or degrading
treatment of persons in the custody or under the physical control of the
United States. The reporting requirements under the section would also provide
Congress a critical tool with which to conduct more rigorous oversight over
the actions of military, intelligence or contract personnel during armed
conflict. Therefore, as you work to resolve the differences between the House
and Senate versions of the FY05 Defense Authorization Act, I urge you to
retain this important section
As pastors and members of a world wide church, we recognize that the struggle
against terrorism remains difficult and trying. Nevertheless, a respect for
the dignity of every person, ally or enemy, must serve as the foundation of
the pursuit of justice and peace. There can be no compromise on the moral
imperative to protect the basic human rights of any individual incarcerated
for any reason.
The United States' has a long history of strong support for human rights
around the world. Its ratification of the Convention on Civil and Political
Rights and the Convention Against Torture exemplify our nation's leadership in
establishing standards of conduct and prohibiting torture and other acts of
inhumane treatment of persons in U.S. custody. Tragically, this record has
been marred by recent events in Iraq and Afghanistan, and changes in
procedures governing the handling of prisoners make it necessary to adopt more
specific and stringent guidelines. Section 1057 of the FY05 Defense
Authorization Act would confirm our nation's resolve to ensure that these
serious abuses never happen again.
We recognize and share the concerns of lawmakers and citizens for the safety
of U.S. soldiers and civilians abroad in these times of great uncertainty and
danger. In the face of this danger, our nation must not embrace a morality
based on an attitude that "desperate times call for desperate measures" or
"the end justifies the means." The inherent justice of our cause and the
perceived necessities involved in confronting terrorism must not lead to a
weakening or disregard of U.S. and international law.
In an era of terrorism and great fear, our individual and collective
obligations to respect basic human dignity and basic rights, even of our worst
enemies, gains added importance. The guidelines and mechanisms contained in
this amendment reflect a conviction that our nation must treat our prisoners
as we would expect our enemies to treat our own military personnel. Congress'
adoption of the guidelines in Section 1057 would represent a significant step
in restoring the moral credibility of the United States at a crucial time.
Therefore, I urge you to support the retention of this important section of
the Defense Authorization Act.
Thank you for your consideration of our views.
Sincerely yours,
Most Reverend John H. Ricard
Chairman
Committee on International Policy
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Office of Social Development & World Peace
United States Conference of Catholic Bishops
3211 4th Street, N.E., Washington, DC 20017-1194 (202) 541-3000