Download Locations

• Federation of American Scientists
• University of North Texas Libraries

Summary

Persons suspected of terrorist activity may be transferred from one State (i.e., country) for arrest, detention, and/or interrogation. Commonly, this is done through extradition, by which one State surrenders a person within its jurisdiction to a requesting State via a formal legal process, typically established by treaty. Far less often, such transfers are effectuated through a process known as "extraordinary rendition" or "irregular rendition." These terms have often been used to refer to the extrajudicial transfer of a person from one State to another (for purposes of this report, "rendition" refers to extraordinary or irregular renditions unless otherwise specified). <p> Although the particularities regarding the usage of extraordinary renditions and the legal authority behind such renditions is not publically available, various U.S. officials have acknowledged the practice's existence. Recently, there has been some controversy as to the usage of renditions by the United States, particularly with regard to the alleged transfer of suspected terrorists to countries known to employ harsh interrogation techniques that may rise to the level of torture, purportedly with the knowledge or acquiescence of the United States. <p> This report discusses relevant international and domestic law restricting the transfer of persons to foreign states for the purpose of torture. The U.N. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), and its domestic implementing legislation (the Foreign Affairs Reform and Restructuring Act of 1998) impose the primary legal restrictions on the transfer of persons to countries where they would face torture. CAT and U.S. implementing legislation generally prohibit the rendition of persons to countries in most cases where they would more likely than not be tortured, though there are arguably limited exceptions to this prohibition. Under U.S. regulations implementing CAT, a person may be transferred to a country that provides credible assurances that the rendered person will not be tortured. Neither CAT nor implementing legislation prohibits the rendition of persons to countries where they would be subject to harsh interrogation techniques not rising to the level of torture. Besides CAT, additional obligations may be imposed upon U.S. rendition practice via the Geneva Conventions, the War Crimes Act, the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights. <p> This report also discusses legislative proposals to limit the transfer of persons to countries where they may face torture, including H.R. 1268, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, which was introduced by Representative Jerry Lewis and passed the House, as amended, on March 16, 2005; the Senate version of H.R. 1268, which passed the Senate, as amended, on April 21, 2005; H.R. 952, the Torture Outsourcing Prevention Act, introduced by Representative Edward Markey in the House on February 17, 2005; and S. 654, the Convention Against Torture Implementation Act of 2005, introduced in the Senate by Senator Patrick Leahy on March 17, 2005.

Related Legislation:
• H.R.1268
• H.R.952
• S.654

XML