Spending ban on 'cruel, inhuman or degrading treatment' of detainees

The New York Times reported a very important step by US Congess to ban 'cruel, inhuman or degrading treatment' of persons in US custody, whether in the US or abroad, in an Appropriations, or spending bill. Congress has long attempted to direct the Pentagon with budgetary restrictions where human rights comes to bear, with mixed results, see the issue of bans on joint military training. Yesterday's measure, which was not opposed by the Bush administration, and supported by prominent Republicans, and was a very important step according to the ACLU.

Anthony Romero, executive director of the American Civil Liberties Union, said the passage of the antitorture provision "clearly shows that there's growing traction on this issue in Congress, when you have even Republicans willing to break ranks and raise concerns" about the treatment of prisoners.

The only issue which remained unclear with the Appropriations Bill language is that of "rendition," the practice of secretly sending detainees to governments which practice torture, like Egypt.

The provision approved Tuesday does not include any specific references to intelligence officers. Instead, it says that no money appropriated in the bill can be used "to subject any person in the custody or under the physical control of the United States to torture or cruel, inhuman or degrading treatment or punishment that is prohibited by the Constitution, laws or treaties of the United States."

Human rights advocates said it was unclear whether the prohibition would restrict the ability of the C.I.A. or other government agencies to conduct so-called renditions - that is, to send terrorism suspects to be interrogated in other countries, even those that are known to engage in abusive treatment of prisoners.