FOR IMMEDIATE RELEASE

For Press Inquiries, contact: Kali Akuno, kakuno@ushrnetwork.org, (404) 588-9761 January 11, 2011 [Atlanta, G A] The US Human Rights Network strongly opposes the signing of the National Defense Authorization Act (NDAA) by President Barack Obama on December 31, 2011. The 2012 NDAA contains two sections that are particularly troubling. Section 1031 makes it legal to detain any person indefinitely without trial. Section 1032 outlines the requirement for military custody, stating that all persons arrested and detained according to the provisions of section 1031, including those detained on U.S. soil, whether detained indefinitely or not, are required to be held by the United States Armed Forces. The White House had originally threatened to veto an earlier version of the NDAA but reversed course shortly before Congress voted on the final bill. While President Obama issued a signing statement saying he had serious reservations about the provisions, the statement only applies to how his administration would use it and would not affect how the law is interpreted by subsequent administrations. The President has already set a precedent for not upholding signing statements as evidenced by his pledge to close Guantnamo, which remains open 10 years later in violation of international human rights law. In May 2006, the UN Committee Against Torture condemned prisoners treatment at Guantnamo Bay, noting that indefinite detention constitutes a violation of the UN Convention Against Torture. The UN Convention Against Torture1 states under Article 2, No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. Convention III of the Geneva Conventions2 defines torture in Article 3 as, outrages upon human dignity, in particular, humiliating and degrading treatment.

UN General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, United Nations, Treaty Series, vol. 1465, p. 85, available at: http://www.unhcr.org/refworld/docid/3ae6b3a94.html [accessed 11 January 2012]

The sheer breadth of the NDAAs detention authority violates international law because it is not limited to people captured in the context of an actual armed conflict as required by the laws of war. While the scope of the detention authority is questionable on its own, the NDAA also broadens the range of activities that warrant indefinite detention to include undefined substantial support for terrorism. In addition, it contains no geographic limiation and allows the president to indefinitely detain even American citizens. The final word on the scope of detention authority belongs to the Supreme Court, which has yet to rule. No one should live in fear of this or any future president misusing the NDAAs detention authority. The US Human Rights Network and its member constituents will continue to advocate for the closing of Guantnamo Bay prison and an end to laws that sanction impunity. -- END --

Final Record of the Diplomatic Conference of Geneva of 1949, Vol. I, Federal Political Department, Bern pp. 243-296, Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949. Entered into force October 21, 1950.