On Human Rights, UN Committee Gives US Low Grades for Surveillance, Detention at Guantanamo

Screen shot of CCPR grades for United States
Screen shot of CCPR grades for United States

A United Nations committee, which reviews how countries comply with the International Covenant on Civil and Political Rights (ICCPR), issued grades for the United States government’s implementation of recommendations issued last year. The committee gave the US low grades for surveillance and detention of prisoners at Guantanamo Bay and in facilities in Afghanistan.

The ICCPR is an international human rights treaty. Signatories are supposed to undertake measures to ensure the rights in the treaty are protected in their countries. In fact, since the US ratified the treaty in 1992, the government has an obligation to comply with the treaty as it would any other domestic law.

A committee of the UN, the Human Rights Committee, conducts periodic reviews of countries’ human rights records. It gives countries an opportunity to respond to the committee’s concerns. The committee makes recommendations. It then grades how countries implement those recommendations.

Countries, which are signatories, report to the committee every four years. This is the fourth periodic review of the US.

To understand the grades, “B1″ means “substantive action” took place but the committee still wants more information. “B2″ means some initial action was taken. “C1″ means US replied to UN but did not take actions to implement recommendation. “C2″ means US replied, and the reply was irrelevant to the committee’s recommendation. “D1″ means US did not cooperate with the committee on this recommendation.

The US did not receive any “A” grades. It received a high “B1″ grade for declassifying part of the report of the Senate Special Committee on Intelligence into the CIA’s detention and torture of detainees and a lower “B2″ grade for investigating cases of unlawful killing, torture and other ill-treatment, unlawful detention, and enforced disappearances, and expediting the release of detainees from Guantanamo Bay.

The committee issued a “C2″ grade for the continued detention of detainees at Guantanamo and in facilities in Afghanistan.

In regards to surveillance, it gave the US a “C1″ grade for ensuring surveillance complies with the treaty, ensuring “interference with right to privacy, family, home, or correspondence” is authorized by law, reforming oversight of surveillance, and refraining from imposing “mandatory retention” of data on “third parties.”

The worst grade given was a “D1″ for failing to ensure persons are able to obtain remedies if they are the victims of surveillance abuse. (more…)