Let the International Committee of the Red Cross Protect US-held Detainees

May 25, 2010

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May 25, 2010

Members of the U.S. Senate Members of the U.S. House of Representatives The Capitol Washington, D.C.

Dear Members of Congress:

We are writing as national and state religious leaders to ask you to support legislation that requires all federal agencies to notify the International Committee of the Red Cross (ICRC) of all U.S.-held detainees and to allow the ICRC access to them. This requirement was included in President Obama's executive order on interrogations; however, legislation is required to codify this requirement so that it remains permanent U.S. policy.

An independent neutral observer, the ICRC has a mandate to visit detention facilities around the world to ensure that prisoners of war and other detainees are treated humanely as required by international law. The United States has long opposed holding detainees incommunicado and supported ICRC access because secret detention is most often used as the means to engage in unlawful and inhumane treatment. Consequently, the U.S. State Department has repeatedly criticized other governments for engaging in “disappearances” in its annual human rights reports.

However, during the years immediately prior to President Obama's executive order, the United States itself engaged in these practices that run counter to international law and to our most fundamental values. By passing legislation permanently providing the ICRC with access to U.S.-held detainees we can prevent secret detentions, strengthen America’s ability to advocate for the appropriate treatment of Americans detained overseas, and restore U.S. credibility on the issue of torture.

While we represent a wide diversity of America's religious traditions, we all believe in the inherent worth and dignity of human life. Consequently, acts of torture and inhumane treatment are unequivocally antithetical to all of our religions. We believe that it is of the utmost importance that our country guarantees the humane treatment of all detainees and ensures that torture is never used again. Passing legislation that permanently provides the ICRC with access to all U.S.-held detainees is one important step we can take to achieve that goal.