The Quintessential Conservative on Torture

Never let it be said that only "liberals" want to see torture prosecuted.

MESSAGE TO THE SENATE, MAY 20, 1988.sup.1

With a view to receiving the advice and consent of the Senate to ratification, subject to certain reservations, understandings, and declarations, I transmit herewith the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Convention was adopted by unanimous agreement of the United Nations General Assembly on December 10, 1984, and entered into force on June 26, 1987. The United States signed it on April 18, 1988. I also transmit, for the information of the Senate, the report of the Department of State on the Convention.

The United States participated actively and effectively in the negotiation of the Convention. It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.

The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called "universal jurisdiction." Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.

In view of the large number of States concerned, it was not possible to negotiate a treaty that was acceptable to the United States in all respects. Accordingly, certain reservations, understandings, and declarations have been drafted, which are discussed in the report of the Department of State. With the inclusion of these reservations, understandings, and declarations, I believe there are no constitutional or other legal obstacles to United States ratification, The recommended legislation necessary to implement the Convention will be submitted to the Congress separately.

. . . .

By giving its advice and consent to ratification of this Convention, the Senate of the United States will demonstrate unequivocally our desire to bring an end to the abhorrent practice of torture.

RONALD REAGAN