This action would certainly deter those who engage in torture from seeking refuge in the United States and might also discourage the practice in general.

Thank you, Mr. Chairman.

[The prepared statement of Ms. Young follows:]

PREPARED STATEMENT OF AMY YOUNG, EXECUTIVE DIRECTOR, INTERNATIONAL HUMAN RIGHTS LAW GROUP

Mr. Chairman, my name is Amy Young. I am the Executive Director of the International Human Rights Law Group, a public interest law center which offers legal assistance and information on human rights law and procedures.

Group, through publications such as the Guide to

The Law

International Human Rights Practice and the forthcoming

Guidelines for Election Observers, promotes the observance of international norms which protect human rights.

The proliferation of international norms proscribing torture are among the most clearly articulated and most violated of all international norms. I would like first to discuss existing international laws which prohibit torture and mention some standards promulgated by the United Nations and nongovernmental organizations which also seek to deter this practice. Because this barbaric practice continues, however, other, more effective deterrents are constantly being pursued. For example, at the most recent session of the United Nations Commission on Human Rights, a draft Convention Against Torture, and Other Cruel, Inhuman and Degrading Treatment or Punishment was adopted. This

Convention requires state parties to make torture a criminal offense. There have also been suggestions that Congress should provide for a civil action for victims of torture. This Subcommittee has a special responsibility to be aware of these developments and to provide leadership in taking initiatives to promote human rights. I am very pleased to provide this information to Subcommittee members and commend you and your staff for the diligence and commitment you bring to these very important hearings.

There are a number of human rights instruments on the international and regional levels which prohibit torture, cruel, inhuman and degrading treatment. International instruments that do so include the Geneva Conventions and the International Covenant on Civil and Political Rights. Article 7 of the International Covenant, for example, provides that "no one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment." The Covenant also provides that "no one shall be subjected without his free consent to medical or scientific experimentation."

International declarations also forbid torture. Although not legally binding, these declarations are evidence of customary international law, which may be recognized as binding by certain legal systems including the United States. The Universal Declaration of Human Rights states in Article 5 that "no one shall be subjected to

torture or to cruel, inhuman or degrading treatment and punishment." The more specific United Nations Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Article 3 also mandates that "no State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment." Both these declarations have been cited by United States courts as evidencing a customary international law prohibition against torture.

In addition to international agreements, each of the three regional treaties, the European Convention on Human Rights, the American Convention on Human Rights and the African Charter on Human and Peoples' Rights, prohibit torture, cruel, inhuman or degrading treatment or punishment with only slight variations in text. The American Convention, for example, states that "All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person."

Significantly, although other rights contained in these international and regional instruments may be abrogated in times of state emergency, the prohibition against torture is one of a handful of nonderogable rights unanimously recognized. This means that torture is never justified or acceptable by any government for any reason or under any circumstances.

Another response to the continuation of this heinous practice has been the systematic indentification of

circumstances in which torture occurs and development of preventive standards. For example, torture typically occurs when a person is being detained in prison. Thus, in 1957, in drafting the United Nations Standard Minimum Rules for the Treatment of Prisoners, Article 31 was adopted which states: "Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offenses."

To provide a standard of professional conduct for those most directly in control of circumstances in which torture occurs, the United Nations in 1979 adopted a Code of Conduct for Law Enforcement Officials. Code Article 5 stipulates that "no law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances...as a justification of torture..."

Finally, since medical personnel frequently collaborate

in torture sessions, the United Nations in 1982 adopted Principles of Medical Ethics. Principle 2 provides: "It is a gross contravention of medical ethics, as well as an offense under applicable international instruments, for health personnel, particularly physicans, to engage, actively or passively in acts which constitute participation in, complicity in, incitement to or attempts to commit