Senate Demands Clear Standards on Detainee Treatment

On October 5, 2005 Senators voted overwhelmingly to establish clearer standards for the treatment of prisoners and detainees by U.S. personnel. The measure (S.Amdt.1977), introduced by Senator John McCain (R-AZ), was considered as an amendment to the Defense Department Appropriations bill (H.R. 2863) and passed by an impressive 90-9 margin over the objections of the Bush Administration.

The McCain amendment prohibits "cruel, inhuman, or degrading treatment or punishment" of any individual in custody or control of the U.S. Government and outlaws any treatment or technique of interrogation that is not already illustrated in the United States Army Field Manual on Intelligence Interrogation. It was co-sponsored by Senators Chuck Hagel (R-NE), Gordon Smith (R-OR), John Warner (R-VA) and Susan Collins (R-ME). S. AMDT. 1977 does not attempt to regulate strategies used by the Central Intelligence Agency and some Senators are continuing to push for the creation of an independent commission that would investigate alleged abuses of prisoners.

Senator McCain argued that his amendment was needed in order to prevent future incidents of prisoner abuse, saying: “Confusion about the rules results in abuses in the field.  We need a clear consistent standard.” Over two dozen retired senior military officers agreed, including former Secretary of State Colin Powell and General (ret.) John Shalikashvili, who served as Chairman of the Joint Chiefs of Staff during the deployment of U.S. troops in Bosnia.

The Bush Administration strongly opposes the detainee amendment, arguing that it imposes restrictions on the U.S. Government that constrain the president’s ability to prosecute the war on terror. To that end, The White House has threatened to veto the measure should it remain attached to the defense spending bill.

The Senate is expected to finish work on H.R. 2863 before the coming Columbus Day recess. The bill then moves to a Conference Committee with the House at which point lawmakers opposed to the amendment will be able to seek its removal. It is unlikely to be deleted, however, since it enjoys such strong support in the Senate. Also, Senators Warner and McCain have promised to personally participate in negotiations with House conferees to ensure the survival of the detainee amendment.

Senator McCain, a former prisoner of war and victim of torture during the Vietnam War, concluded his remarks on the floor of the Senate yesterday with an stirring and impassioned personal anecdote: "Many of my comrades were subjected to very cruel, very inhumane and degrading treatment, a few of them even unto death. But every one of us - every single one of us - knew and took great strength from the belief that we were different from our enemies."

Citizens for Global Solutions commends Senator McCain for his statement and leadership on this issue. We thank the vast majority of the U.S. Senate for supporting the humane treatment of prisoners and detainees under U.S. custody. We urge House and Senate Conferees to ensure the measure is included in the final version of H.R. 2863.


Updated October 27, 2005