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Guantanamo: Implications for U.S GUANTANAMO: IMPLICATIONS FOR U.S. HUMAN RIGHTS LEADERSHIP HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED TENTH CONGRESS FIRST SESSION JUNE 21, 2007 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 110–1–2] ( Available via http://www.csce.gov U.S. GOVERNMENT PRINTING OFFICE 38–491 PDF WASHINGTON : 2010 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate Nov 24 2008 09:35 Oct 28, 2010 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\WORK\062107 HAROLD PsN: HAROLD COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE ALCEE L. HASTINGS, Florida, BENJAMIN L. CARDIN, Maryland, Chairman Co-Chairman LOUISE McINTOSH SLAUGHTER, RUSSELL D. FEINGOLD, Wisconsin New York CHRISTOPHER J. DODD, Connecticut MIKE McINTYRE, North Carolina HILLARY RODHAM CLINTON, New York HILDA L. SOLIS, California JOHN F. KERRY, Massachusetts G.K. BUTTERFIELD, North Carolina SAM BROWNBACK, Kansas CHRISTOPHER H. SMITH, New Jersey GORDON SMITH, Oregon ROBERT B. ADERHOLT, Alabama SAXBY CHAMBLISS, Georgia JOSEPH R. PITTS, Pennsylvania RICHARD BURR, North Carolina MIKE PENCE, Indiana EXECUTIVE BRANCH COMMISSIONERS VACANT, Department of State VACANT, Department of Defense VACANT, Department of Commerce (II) VerDate Nov 24 2008 09:35 Oct 28, 2010 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 E:\WORK\062107 HAROLD PsN: HAROLD GUANTANAMO: IMPLICATIONS FOR U.S. HUMAN RIGHTS LEADERSHIP JUNE 21, 2007 COMMISSIONERS Page Hon. Alcee L. Hastings, Chairman, Commission on Security and Cooperation in Europe ..................................................... 1 Hon. Benjamin L. Cardin, Co-Chairman, Commission on Security and Cooperation in Europe ...................................... 16 MEMBERS Hon. Steny H. Hoyer, Majority Leader, U.S. House of Representatives ....................................................................... 8 WITNESSES John B. Bellinger III, Legal Adviser, Department of State ..... 3 Anne-Marie Lizin, President of the Belgian Senate and the OSCE Parliamentary Assembly, Special Representative on Guantanamo ............................................................................. 11 Tom Malinowski, Advocacy Director, Human Rights Watch ... 26 Gabor Rona, International Legal Director, Human Rights First .......................................................................................... 30 APPENDICES Prepared statement of Hon. Alcee L. Hastings ........................ 37 Prepared statement of Hon. Benjamin L. Cardin .................... 39 Prepared statement of Hon. Christopher J. Dodd, Commissioner, Commission on Security and Cooperation in Europe .................................................................................. 41 Prepared statement of Hon. Hilda L. Solis, Commissioner, Commission on Security and Cooperation in Europe ........... 42 Prepared statement of Hon. Steny H. Hoyer ............................ 43 Prepared statement of John B. Bellinger III ............................ 45 (III) VerDate Nov 24 2008 09:35 Oct 28, 2010 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 0484 E:\WORK\062107 HAROLD PsN: HAROLD IV Page Prepared statement of Tom Malinowski ................................... 49 Prepared statement of Gabor Rona ........................................... 55 Prepared statement submitted for the record by the Inter- national Helsinki Federation for Human Rights .................. 71 VerDate Nov 24 2008 09:35 Oct 28, 2010 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 0484 E:\WORK\062107 HAROLD PsN: HAROLD GUANTANAMO: IMPLICATIONS FOR U.S. HUMAN RIGHTS LEADERSHIP June 21, 2007 COMMISSION ON SECURITY AND COOPERATION IN EUROPE WASHINGTON, DC The hearing was held at 10 a.m. in room 2325 Rayburn House Office Building, Washington, DC, Hon. Alcee L. Hastings, Chair- man, Commission on Security and Cooperation in Europe, pre- siding. Commissioners present: Hon. Alcee L. Hastings, Chairman, Com- mission on Security and Cooperation in Europe; Hon. Benjamin L. Cardin, Co-Chairman, Commission on Security and Cooperation in Europe; and Hon. Mike McIntyre, Commissioner, Commission on Security and Cooperation in Europe. Members present: Steny H. Hoyer, Majority Leader, U.S. House of Representatives. Witnesses present: John B. Bellinger III, Legal Adviser, Depart- ment of State; Anne-Marie Lizin, President of the Belgian Senate and the OSCE Parliamentary Assembly, Special Representative on Guantanamo; Tom Malinowski, Advocacy Director, Human Rights Watch; and Gabor Rona, International Legal Director, Human Rights First. HON. ALCEE L. HASTINGS, CHAIRMAN, COMMISSION ON SECURITY AND COOPERATION IN EUROPE Mr. HASTINGS. Well, that gets us right on time. Mr. Bellinger, thank you very much. Ladies and gentlemen, I’d like to call this hearing to order. Pret- ty obviously, it’s an extremely busy day, and my colleagues on the Commission will drift in and out as we progress. But in the interest of everyone’s time, I’d like for us to begin. I’d like to start by welcoming you, Mr. Bellinger. I expect the Majority Leader, Steny Hoyer, will be here at some point. I’d hoped that he would be able to kick us off, but we’ll listen to him when he gets here under the circumstances. This is the Helsinki Commission’s first hearing in some time ex- amining an issue of domestic compliance, an area which will re- ceive warranted attention during my chairmanship. As many people here know, in executing the Helsinki Commis- sion’s mandate, members of this Commission are engaged in a con- tinual dialogue with representatives of other countries, including parliamentarians, on issues of concern, with a particular focus on human rights. (1) VerDate Nov 24 2008 09:35 Oct 28, 2010 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 E:\WORK\062107 HAROLD PsN: HAROLD 2 This is, of course, a two-way street. Just as we raise issues of concern with representatives of other countries, our colleagues in other countries raise issues with us. And no issue has been raised with us more vigorously in recent times, and vocally, than questions relating to the status and treat- ment of detainees, particularly those at the Guantanamo Bay de- tention facility. Those concerns have been raised for several years at meetings of the OSCE Parliamentary Assembly. They have been raised at meetings of the OSCE Permanent Council in Vienna. And they have been raised at the human dimension meetings of the OSCE. I believe very strongly that our colleagues who have raised con- cerns with us deserve our considered response and engagement. The fact is for all the 56 OSCE participating States and not just the United States, the issue of how to safeguard human rights while effectively countering terrorism may be one of the most crit- ical issues our countries will face for the foreseeable future. In organizing this hearing, it’s painfully difficult to unpackage a whole set of issues related to our counterterrorism efforts: The off- shore detention center at Guantanamo; the treatment of detainees in custody and the interrogation practices to which they may be subjected; the legal procedures for holding, trying and potentially convicting detainees of crimes; and the issue of extraordinary ren- dition, to name a few. Frankly, in my opinion, the United States has not covered itself with glory when it comes to most of these issues. I’m, of course, mindful of the fact that many other committees of both the House and Senate are actively engaged in oversight on many aspects of this subject. It’s not our intention to duplicate those efforts. Rather, we hope to address the specific implications of Guantanamo for U.S. human rights leadership. In no small understatement, this year’s State Department Coun- try Report on Human Rights notes, and I quote, ‘‘We recognize that we are writing this report at a time when our record and actions we have taken to respond to the terrorist attacks against us have been questioned.’’ Indeed, they have been. Most importantly, we’ve got to figure out where we go from here. Pretty much everybody and his brother, including the Secretary of Defense and the Secretary of State, have said that Guantanamo ought to be closed down, either because they believe it never should have been opened to begin with, or because they’ve concluded that the stigma associated with Guantanamo is so great that the entire operation serves to undermine our alliances and strengthen the propaganda machinery of our enemies rather than make us safer. But the question is where do we go from here. I’m hoping our hearing today will, in part, help us answer some of those questions. We have before us today, ladies and gentlemen, a panel of ex- perts whom I believe can really engage in a constructive discussion on these issues. Their biographies have been circulated here, so I’m not going to re-read them. Unfortunately, although we sent a letter to Secretary Gates on May 15 inviting the Department of Defense to send a witness to VerDate Nov 24 2008 09:35 Oct 28, 2010 Jkt 000000 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 E:\WORK\062107 HAROLD PsN: HAROLD 3 this hearing, the Department has declined the opportunity to have its views heard. Quite frankly, I’m disappointed by the message this sends. I know some tough questions may come up today, but it seems to me that there is nothing to be gained by avoiding tough questions. I’d like, in any case, to warmly welcome to America our colleague and friend Senator Anne-Marie Lizin, the President of the Belgian Senate. When I served as President of the OSCE Parliamentary Assem- bly, I appointed Senator Lizin—people are looking around. Raise your hand, Anne-Marie, so they’ll see where you are over there. I appointed Senator Lizin to serve as Special Representative on the issue of Guantanamo. And I did so because of the extraordinary concern voiced in that body by her and numerous of our colleagues, she being one especially, regarding the status and treatment of de- tainees there. Senator Lizin has shown remarkable dedication and initiative in addressing the issues within her mandate.
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