HJ0037 94TH GENERAL ASSEMBLY

HJ0037 LRB094 11780 LJB 44005 r

HOUSE JOINT RESOLUTION

WHEREAS, As elected officials of the State of Illinois, we have an obligation to uphold the laws that govern the State of Illinois, the Constitution of the United States of America, and all international treaties to which the United States is party, including the Geneva Conventions of 1949, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and related standards of international human rights; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment upon any person under the physical control of and inflicted by any federal authority, including civilian contractors, constitutes a violation of the law of nations in that customary international law prohibits torture as reflected, expressed, and defined in multilateral treaties and other international instruments, international and domestic judicial decisions, and other authorities; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment upon any person under the physical control of and inflicted by any federal authority, including civilian contractors, constitutes a violation of the United States Constitution; these acts of mistreatment constitute a violation of the Fifth Amendment and of the Eighth Amendment's prohibition on cruel and unusual punishment; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment upon any person under the physical control of and inflicted by any federal authority, including civilian contractors, constitutes a violation of specific protections afforded by the Third and Fourth Geneva Conventions, including, but not limited to, Article 3 common to all 4 Geneva Conventions; violations of Article 3 of the Geneva Conventions are treaty violations as well as violations of customary international law; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment upon any person under the physical control of and inflicted by any federal authority, including civilian contractors, constitutes a violation of Articles 7 and 10 of the International Covenant on Civil and Political Rights (ICCPR); violations of these provisions of ICCPR are treaty violations as well as violations of customary international law; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment upon any person under the physical control of and inflicted by any federal authority, including civilian contractors, constitutes a violation of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), and where applicable also constitute a violation of Section 2340A of Chapter 18 of the United States Code, enacted by Congress to fulfill obligations under CAT; violations of CAT are treaty violations as well as violations of customary international law; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment as a method of extracting intelligence information may lead to inaccurate and misleading information; the Army Field Manual on Intelligence Interrogation states, "the 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

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment upon a foreign national in the custody of the United States may have the effect of radicalizing the victim's own moderate political, social, or religious ideologies; these acts of mistreatment may also have the effect of radicalizing the ideologies of the society from where the victim originates, and radicalized ideologies may increase the threat of terrorism against Americans; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment upon a foreign national in the custody of the United States may increase the likelihood that kidnapped or captured American citizens and military personnel will be subjected to similar acts of mistreatment; the U. S. Army Field Manual on Intelligence and Interrogation states, "[The use of torture and other illegal methods] may also place U.S. and allied personnel in enemy hands at a greater risk of abuse by their captors"; and

WHEREAS, The use of torture and other cruel, inhuman, or degrading treatment undermines the rule of law and delegitimizes the United States government as an advocate for democracy; the U.S. Army Field Manual on Intelligence Interrogation states, "Revelation of use of torture by U.S. personnel will bring discredit upon the U.S. and its armed forces while undermining domestic and international support for the war effort"; and

WHEREAS, The U.S. Army Field Manual on Intelligence and Interrogation states that binding international treaties and United States policy "expressly prohibit acts of violence or intimidation, including physical or mental torture, threats, insults, or exposure to inhumane treatment as a means of or aid to interrogation. Such illegal acts are not authorized and will not be condoned by the U.S. Army."; the Manual specifically defines physical torture to include "infliction of pain through chemicals or bondage", "forcing an individual to stand, sit or kneel in abnormal positions for prolonged periods of time", "food deprivation", and "any form of beating"; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we condemn the use of torture and all cruel, inhuman, or degrading treatment upon any person under the physical control of any federal authority, including civilian contractors; and be it further

RESOLVED, That we call on the President of the United States and the Congress of the United States to affirm the domestic and international obligations of the United States of America to the rule of law and end the use of torture and all other cruel, inhuman, or degrading treatment as a matter of policy and to condemn the aforementioned acts of mistreatment; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the President and Vice President of the United States, to the Speaker of the House of Representatives of the Congress of the United States, to the President pro tempore of the Senate of the Congress of the United States, and to each Senator and Representative from the State of Illinois in the Congress of the United States.