outsourcing torture

Via Body and Soul and Procrastination, comes this post from Obsidian Wings:

The Republican leadership of Congress is attempting to legalize extraordinary rendition. "Extraordinary rendition" is the euphemism we use for sending terrorism suspects to countries that practice torture for interrogation. As one intelligence official described it in the Washington Post, "We don't kick the sh*t out of them. We send them to other countries so they can kick the sh*t out of them.” The best known example of this is the case of Maher Arar. Arar, a Canadian citizen, was deported to Syria from JFK airport. In Syria he was beaten with electrical cables for two weeks, and then imprisoned in an underground cell for the better part of a year. Arar is probably innocent of any connection to terrorism

Here are the details on the bill:

The provision Rep. Markey referred to is contained in Section 3032 and 3033 of H.R. 10, the "9/11 Recommendations Implementation Act of 2004," introduced by House Speaker Dennis Hastert (R-IL). The provision would require the Secretary of Homeland Security to issue new regulations to exclude from the protection of the U.N. Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, any suspected terrorist - thereby allowing them to be deported or transferred to a country that may engage in torture. The provision would put the burden of proof on the person being deported or rendered to establish "by clear and convincing evidence that he or she would be tortured," would bar the courts from having jurisdiction to review the Secretary's regulations, and would free the Secretary to deport or remove terrorist suspects to any country in the world at will - even countries other than the person's home country or the country in which they were born. The provision would also apply retroactively. This provision was not part of the 9/11 Commission's recommendations, and the Commission actually called upon the U.S. to "offer an example of moral leadership in the world, committed to treat people humanely, abide by the rule of law, and be generous and caring to our neighbors." The Commission noted that "The United States should engage its friends to develop a common coalition approach to the detention and humane treatment of captured terrorists. New principles might draw upon Article 3 of the Geneva Conventions on the law of armed conflict. That article was specifically designed for those cases in which the usual laws of war did not apply. Its minimum standards are generally accepted throughout the world as customary international law." These standards prohibit the use of torture or other cruel or degrading treatment.... Rep. Markey said, "When the Republicans 9/11 bill is considered in the House, I intend to offer an amendment to strike the torture outsourcing provisions from the Republican bill and replace it with restrictions restoring international law as provided in my bill. It is absolutely disgraceful that the Republican Leadership has decided to load up the 9/11 Commission bill with legislative provisions that would legitimize torture, particularly when the Commission itself called for the U.S to move in exactly the opposite direction."

Obsidian Wings is asking people to write to their Representatives and for bloggers to link to their post, and to post about the issue themselves. Didn't we learn anything after Abu Ghuraib? Is torture what America is going to stand for now? God help us. Update 10/1: Katherine at Obsidian Wings has posted an update. She provides some statements on the issue from various groups as well as the lastest news on what's happening in Congress with the attempts to oppose these provisions. She also provides a sample message that you can send to your Congressperson to ask them to oppose the provisions. Please check out her post. Thanks. Update 10/9: Katherine reports that the House has passed a watered down version of this provision, but did not remove it entirely.