TEXT: DAS GERSON 6/29 TESTIMONY TO

[moe@xxxxxxxxxxxxx]

Subject: TEXT: DAS GERSON 6/29 TESTIMONY TO HUMAN RIGHTS SUBCOMMITTEE 

29 June 1999 

TEXT: DAS GERSON 6/29 TESTIMONY TO HUMAN RIGHTS SUBCOMMITTEE 
(Gerson: U.S. "firmly committed to ending torture")  (1670)

Washington -- The United States is "firmly committed" to ending
torture and helping the victims of torture, says Deputy Assistant
Secretary of State for Democracy, Human Rights and Labor Leslie
Gerson.

In prepared testimony June 29 before the House Subcommittee for
International Operations and Human Rights, the State Department
official noted that the United States was a leader in the fight to
bring an end to torture.

The United States, Gerson told the panel, "took the lead in pushing
for the formation of International Criminal Tribunals on the former
Yugoslavia and Rwanda, to bring to justice those responsible for
torture and other crimes."

Describing efforts by the United States to "spotlight" torture, Gerson
explained that the yearly Country Reports on Human Rights Practices
prepared by the State Department contained for every country a section
covering "findings of torture or other cruel, inhuman, or degrading
treatment or punishment."

In those reports, Gerson stressed, "we criticize those who torture
whether they are friend or foe, and we believe that that criticism
itself contributes in many cases to a reduction in abusive practices."
Similarly, Gerson said, the United States works through the United
Nations Commission on Human Rights to get country-specific resolutions
that mention cases of torture.

Where there is evidence of torture, Gerson said, the United States
demands an accounting. "Torturers must be shown that they cannot act
with impunity."

Following is the text of Gerson's testimony, as prepared for delivery:

(begin text)

TESTIMONY BY
PRINCIPAL DEPUTY ASSISTANT SECRETARY
LESLIE GERSON
DEMOCRACY, HUMAN RIGHTS AND LABOR BUREAU

BEFORE THE
INTERNATIONAL OPERATIONS AND HUMAN RIGHTS SUBCOMMITTEE

"U.S. POLICY TOWARD VICTIMS OF TORTURE"

JUNE 29, 1999

Mr. Chairman and Members of the Committee, I am the Principal Deputy
Assistant Secretary in the Bureau for Democracy, Human Rights and
Labor, which is headed by Assistant Secretary Harold Hongju Koh.
Assistant Secretary Koh asked me to convey his regrets that he cannot
be with us today, and to thank you for holding this hearing to
commemorate the International Day in Support of Victims of Torture,
and the anniversary of the ratification of the United Nations

Convention against Torture and other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment.

This is my first appearance before this Committee, however I am
familiar with your dedication to human rights and democracy issues. I
am also familiar with the domestic and multilateral support for
victims of torture provided by the Torture Victims Relief Act of 1998,
which was authored by you, Mr. Chairman, and signed into law by the
President last year. Given the Subcommittee's concentrated attention
to human rights concerns through hearings and legislation, it is not
surprising that this Subcommittee has found time in the hectic
Congressional schedule to mark this important anniversary in a
constructive and supportive way by focusing on measures to provide
relief for the victims of torture. This Subcommittee is to be
commended for drawing public attention to the outrage of torture and
its consequences throughout the world.

For many of us, torture is virtually inconceivable. It is simply not
part of our frame of reference. But for all too many, it is a brutal
reality that leaves scars for a lifetime. The stories of the victims
are indeed horrific, and the NGOs, institutions and individuals that
serve victims, working to heal their physical and psychological
wounds, are to be commended for their important work. They make a
positive impact on shattered and traumatized lives. Organized efforts
to address these problems seek to make it easier for torture survivors
to recover to become an integral part of the larger community.

In the second panel you will be hearing testimony from expert NGO
witnesses who work with torture survivors. Because these witnesses are
well equipped to discuss the horrors of torture, the motivation of
torturers, and the long-term effects of torture, I will limit my
remarks to U.S. government efforts to support the international fight
against torture and to aid those whose lives have been unjustly
damaged by torture.

Let me emphasize, the United States is firmly committed to ending
torture and helping individuals who have suffered from the
debilitating practice of torture. Because this work is important and
the goals are shared by both the Administration and Congress, I would
very quickly note that even prior to passage of the October
legislation, and since, the Administration has been working on the
concepts embodied in the bill. As President Clinton said last October
when he signed the Torture Victims Relief Act authorizing continued
and expanded U.S. contributions to treatment centers in the U.S. and
abroad, "The United States will continue its efforts to shine a
spotlight on this horrible practice wherever it occurs, and we will do
all we can to bring it to an end."

We can be proud that the U.S. has long played a vigorous leading role
in the formulation of the United Nations Declaration on Protection
from Torture, and in the negotiations on the Convention Against
Torture, and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which was ratified in 1994. The United States is the
largest single donor to the United Nations Voluntary Fund on Torture,
providing $3 million in FY99. I would also briefly mention that

Assistant Secretary Koh has discussed with Ambassador Swett ideas for
working with the Danish Government to honor and give moral support to
torture victim support organizations worldwide.

In addition, we speak out regularly against torture in our public
statements and public diplomacy. And, in our reporting in the annual
Country Reports on Human Rights Practices, which we submit to this
Committee every February, we strive to fully cover internationally
recognized individual, civil and political rights set forth in the
Universal Declaration of Human Rights, specifically including freedom
from torture. Mr. Chairman, as you know, the report on each individual
country includes a section covering findings of torture or other
cruel, inhuman, or degrading treatment or punishment. We are very
proud of the fact that in the Country Reports we criticize those who
torture whether they are friend or foe, and we believe that that
criticism itself contributes in many cases to a reduction in abusive
practices.

When we find evidence of torture, we use bilateral channels to raise
our concerns forcefully with responsible governments, consistently
raising these important concerns at the highest of levels. We also
work through a number of multilateral organizations to press our
specific concerns about torture situations. For example, at the United
Nations Commission on Human Rights we support country-specific
resolutions which mention cases of torture, and also the thematic
resolutions which support the work of the United Nations Special
Rapporteur on Torture. We strongly emphasize the importance for all
countries to cooperate fully with the Rapporteur, underscoring the
vital importance of the Rapporteur's independence and ability to have
full access to human rights activists and abuse victims with full
safeguards protecting these sources.

Simply put, where there is evidence of torture, we demand an
accounting. Torturers must be shown that they cannot act with
impunity. For example, the United States took the lead in pushing for
the formation of International Criminal Tribunals on the former
Yugoslavia and Rwanda, to bring to justice those responsible for
torture and other crimes. Most recently, we have worked very closely
with the Tribunal for the former Yugoslavia, to document a wide array
of human rights abuses, war crimes, and crimes against humanity,
including torture in Kosovo. We are also seeking to establish
mechanisms of accountability for the Khmer Rouge and the current
regime in Iraq, and we support the work of truth commissions the world
over, including the Truth and Reconciliation Commission in South
Africa, and those in Guatemala and El Salvador.

But demanding justice is only half the battle. This Administration is
also interested in trying to help torture survivors. The
Administration does this in a variety of ways, ranging from technical
assistance to facilities that focus on the treatment of victims, to
protection for survivors from return to countries where there is a
substantial risk of torture. One of the more tangible and direct ways
in which we offer protection to those at risk of torture is through

compliance with the Convention Against Torture. We urge countries that
have ratified the Convention to abide by its tenets, and we urge
countries that have not yet ratified to consider doing so. Many
torture victims are caught up in humanitarian crises, as we have seen
in the Balkans and the Great Lakes region of Africa. The United States
is the leading contributor to international humanitarian assistance,
and has funded psycho-social and other aspects of health care in
response to the needs of refugees and conflict victims in many regions
who have suffered torture.

In sum, we believe that United States support for treatment programs
demonstrates United States opposition to torture and gives hope to
those seeking human rights and democracy. We believe that it is an
appropriate course of action and that it reaffirms our national
commitment to ending such heinous crimes and upholding our most
cherished American values.

Mr. Chairman, I know you have heard from other Administration
representatives that the U.S. report to the Committee on Torture, as
required by the Convention on Torture, is near completion. I am
pleased to inform you that we expect the report to be completed by the
end of the summer, and Assistant Secretary Koh is looking forward to
an opportunity to brief the Committee on this report when it has been
submitted to the United Nations Committee Against Torture.

In closing, we extend our concern and regard to individuals who have
experienced the cruelty of torture. We honor those at the Minnesota
Center for Victims of Torture, and others, who labor at direct care,
education and prevention. And finally, we reaffirm our commitment to
this cause, as well as our desire and willingness to work closely with
Congress on these complex and troubling issues.

(end text)