IV
107TH CONGRESS
2D SESSION
H. CON. RES. 431
Condemning the use of torture and other forms of cruel, inhumane, or
degrading treatment or punishment in the United States and other
countries, and expressing support for victims of those practices.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2002
Mr. SMITH of New Jersey (for himself, Mr. HOYER, Mr. CARDIN, and Mr.
HASTINGS of Florida) submitted the following concurrent resolution;
which was referred to the Committee on International Relations, and in
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
CONCURRENT RESOLUTION
Condemning the use of torture and other forms of cruel,
inhumane, or degrading treatment or punishment in the
United States and other countries, and expressing sup-
port for victims of those practices.
Whereas the Eighth Amendment to the United States Con-
stitution prohibits ‘‘cruel and unusual punishments’’ and
torture is prohibited by law throughout the United States
without exception;
Whereas the prohibition against torture in international
agreements is absolute, unqualified, and non-derogable
under any circumstance, even during a state of war or
national emergency;
•HCON 431 IH
Whereas an important component of the concept of com-
prehensive security in a free society is the fundamental
service provided by law enforcement personnel to protect
the basic human rights of individuals in society;
Whereas individuals require and deserve protection by law en-
forcement personnel and need the confidence in knowing
that such personnel are not themselves agents of torture
or other forms of cruel, inhumane, or degrading treat-
ment or punishment, including extortion or other unlaw-
ful acts;
Whereas individuals who are incarcerated should be treated
with respect in accordance with the inherent dignity of
the human person;
Whereas there is a growing commitment by governments to
eradicate torture and other forms of cruel, inhumane, or
degrading treatment or punishment, to provide in law
and practice procedural and substantive safeguards and
remedies to combat such practices, to assist the victims
of such practices, and to cooperate with relevant inter-
national organizations and nongovernmental organiza-
tions with the goal of eradicating such practices;
Whereas torture and other forms of cruel, inhumane, or de-
grading treatment or punishment continues in many
countries despite international commitments to take ef-
fective legislative, administrative, judicial and other
measures to prevent and punish such practices;
Whereas the rape of prisoners by prison officials or other
prisoners, tolerated for the purpose of intimidation and
abuse, is a particularly egregious form of torture;
Whereas incommunicado detention facilitates the use of tor-
ture and other forms of cruel, inhumane, or degrading
•HCON 431 IH
treatment or punishment, and may constitute, in and of
itself, a form of such practices;
Whereas the use of racial profiling to stop, search, inves-
tigate, arrest, or convict an individual who is a minority
severely erodes the confidence of a society in law enforce-
ment personnel and may make minorities especially vul-
nerable to torture and other forms of cruel, inhumane, or
degrading treatment or punishment;
Whereas the use of confessions and other evidence obtained
through torture or other forms of cruel, inhumane, or de-
grading treatment or punishment in legal proceedings
runs counter to efforts to eradicate such practices;
Whereas more than 500,000 individuals who are survivors of
torture live in the United States;
Whereas the victims of torture and other forms of cruel, in-
humane, or degrading treatment or punishment and their
families often suffer devastating effects and therefore re-
quire extensive medical and psychological treatment;
Whereas medical personnel and torture treatment centers
play a critical role in the identification, treatment, and
rehabilitation of victims of torture and other forms of
cruel, inhumane, or degrading treatment or punishment;
and
Whereas each year the United Nations designates June 26 as
an International Day in Support of Victims of Torture:
Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That Congress—
(1) condemns the use of torture and other
forms of cruel, inhumane, or degrading treatment or
•HCON 431 IH
(B) to prohibit, in law and in practice, in-
communicado detention.
Æ