Recommended measures to establish protections for human rights in the United States of America

Abstract

The detention and interrogation policies adopted by the United State's government in the wake of the 11 September 2001 attacks have raised several questions about its commitment to international law and human rights. Initially a bipartisan issue, the instances of torture and prisoner abuse brought before the public were condemned by both Democrats and Republicans, and both party's presidential candidates promised to shut down the illegal prison in Guantánamo Bay, Cuba. Likewise, with the exception of foreign government officials who participated in the Central Intelligence Agency's “extraordinary rendition” program, much of the international community has called on the U.S. government to comply with its treaty obligations.

Despite initial signs that the Obama administration would act decisively on U.S. detention and interrogation policies, much of the debate has degenerated into partisan debate, and nearly 200 political prisoners continue to await justice in Cuba. This political deadlock has prevented even relatively straightforward initiatives, such as an investigation to determine which Bush administration officials were responsible for prisoner abuses, torture, and deaths, from moving forward with any reasonable efficiency. As a result, more comprehensive initiatives that would address the economic and political conditions that prompted the U.S. government to begin torturing political prisoners have not even entered the debate. The only way to ensure that similar human rights violations are not repeated, however, is to address both the immediate and the larger institutional issues. The immediate issues entail relief for current prisoners, restitution for former prisoners and other victims, and criminal investigations into actions that violated existing U.S. laws and international treaties. At an institutional level, both the executive and legislative branches of the federal government need to exercise greater accountability to democratic oversight, particularly in light of the executive branch's repeated abuse of claims to “national security.” Ultimately, the best safeguards against future human rights abuses in the United States will be both a well informed and politically engaged citizenry. This report concludes with a series of suggestions that may help to develop such a citizenry.

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