A “No” to torture

Today, the NC Sentencing and Policy Advisory Commission approved a final report on HB 1682, the NC “No Place for Torture Act.” Introduced by Rep. Paul Luebke and others, the bill would strengthen the state’s hand in investigating allegations of kidnapping and torture carried out with the collaboration of state residents, in particular the employees of Aero Contractors, which allegedly flies “extraordinary rendition” missions for the CIA (using planes like this one, photographed in Smithfield).

Thanks to Christina Cowger of NC Stop Torture Now for the summary that I’m using to write this post.

During the public meeting, Judge Erwin Spainhour, the chair, was clear in identifying the Smithfield-based company for their work in transporting people out of the US to be tortured in other countries. Sitting on the Commission and voting were representatives of the Governor’s Office, the North Carolina Conference of Superior Court Judges, the NC Department of Crime Control and Public Safety, and the NC Association of Chiefs of Police, among many others. Rep. Alice Bordsen (D-Alamance Co.), who along with 21 other state legislators signed a letter to Attorney General Roy Cooper in January 2007 requesting investigation of Aero, joined the Commission today.

The Commission’s report says:

The Subcommittee noted that the people of North Carolina do not condone torture and that it is contrary to who they are as Americans. They also expressed concern that it betrays American armed forces personnel who might become prisoners of war and be at risk of torture themselves.

The Commission made recommendations on how to classify the offenses of conspiracy to commit torture and forced disappearance (as well as how to shield state law enforcement officials from prosecution when they act lawfully).

In its one substantive recommendation, the Commission proposed an alternative to HB 1682 that would add “torture” and “causing the disappearance of” to the existing state offense of kidnapping (General Statute 14-39). The commission suggested adding “or the action was authorized, directed, compelled, or condoned by a government official” as a basis for elevating kidnapping to first-degree kidnapping.

As Christina wrote, “In this recommendation, the Commission suggested explicitly prohibiting any affirmative defense that the acts were committed at the behest of a government official (i.e., it’s not an excuse that the CIA told us to do it). In other words, the Commission recognized that a program of kidnapping, disappearance and torture is particularly heinous because it is directed and authorized by the government. This acknowledges that Aero Contractors is not a rogue company or an unwitting private contractor, but rather is knowingly helping implement a government-directed program.”

This is really a stupendous and most welcome affirmation by this group.
Final approval of the report was unanimous.