Draft Optional Protocol on Torture

Released by the U.S. Mission to the United Nations

The United States unequivocally condemns the abhorrent practice of torture. We are a Party to the Convention against Torture and are the largest contributor to the UN Voluntary Fund for the Victims of Torture. Our Federal and state laws prohibit conduct constituting torture and impose heavy penalties on violators.

Consequently, the United States greatly regrets being placed in the position of abstaining on the draft decision that would have the Economic and Social Council adopt the Draft Optional Protocol to the UN Convention against Torture, as well as recommending that the General Assembly do likewise.

However, the current text of the Draft Optional Protocol before ECOSOC has serious flaws. In some respects, its overall approach and certain specific provisions are contrary to our Constitution, particularly with respect to matters of search and seizure. Furthermore, in view of our Federal system of government, the regime established by the draft would be overly intrusive.

Moreover, the draft is before ECOSOC as the result of a premature vote by the Commission on Human Rights that represents a significant departure from the longstanding preference for consensus in formulating new human rights instruments. In addition, the credibility of this draft instrument is greatly undermined by the fact that, despite originally being intended as a universal instrument, it was adopted in a Commission vote with nearly as many negative votes and abstentions as votes in favor (29-10-14).

Finally, there are financial implications potentially involving millions of dollars annually if the current text of the draft optional protocol is adopted. We and others have repeatedly requested that a cost analysis of the draft be carried out by the secretariat, followed by a detailed report to Member States concerning the impact on the UN budget of implementation of this draft instrument if it enters into force.