ODIHR Director Link reiterates absolute prohibition of torture is not up for re-consideration, expresses concern about statements by President Trump

WARSAW, 27 January 2017 – Today, Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) expressed profound concern about public statements made by President of the United States of America Donald Trump characterizing the use of torture as an effective tactic to counter terrorism.

“The public statements made by the new United States President raise questions about the commitment to uphold the very essence of fundamental human rights,” Director Link said. “The use of torture is absolutely prohibited by United States law and international agreements signed by the United States of America.”

President Trump’s statement was made amidst media reports indicating that an expected Presidential executive order may seek a review of whether to resume the once-secret Central Intelligence Agency’s “black site” detention program; a revision of the Army Field Manual including interrogation policies; and the continued use of the Guantanamo Bay detention facility, including for newly captured detainees.

Concerning the continued use of the Guantanamo detention facility, Director Link said, “As I have stated before, the United States government has an obligation to either charge the detainees remaining in Guantanamo Bay, ensuring that they receive fair trials, or to set them free. Keeping it open and potentially transferring new detainees to the facility contradicts international standards and OSCE commitments. Moreover, it has been widely recognized that the CIA’s use of black sites, enforced disappearance and torture in the last decade was not only illegal, but deeply damaging to the reputation and national security of the United States. Violating human rights is not an effective counter-terrorism strategy and I therefore urge President Trump from signing any orders that may do so.”

In November 2015, ODIHR issued a report on the Human rights Situation of Detainees in Guantanamo, which identified a number of serious violations in connection with the operation of the facility and the treatment of detainees.