AMERICAN BAR ASSOCIATION CONDEMNS TORTURE

Urges Independent, Bipartisan Commission To Investigate Torture Allegations

ATLANTA, Aug. 10, 2004 – The American Bar Association House of Delegates condemned any use of torture or other cruel, inhuman or degrading treatment or punishment upon persons within the custody or under the physical control of the United States government (including its contractors) and any endorsement or of such measures by government lawyers, officials and agents.   The association also urged creation of an independent, bipartisan commission with subpoena powers to prepare a full account of detention and interrogation practices in Abu Ghraib and other U.S.-operated facilities.

The association’s policy-making body, meeting yesterday and today in Atlanta for the 2004 ABA Annual Meeting, considered a range of other issues, from sentencing, racial bias in criminal justice, prison operation and pardon and clemency policies to procedures to fill vacancies in the U. S. House of Representatives in the event of a catastrophe, gun law enforcement, court funding and the role of lawyers in helping communities prepare for such public health threats as bioterrorism attacks.

Among other actions, the House of Delegates:

• Supported federal judiciary funding sufficient for the courts to fulfill constitutional duties, and state and territorial court budget procedures to ensure adequate, stable long-term funding of courts under all economic conditions
• Urged bar associations to work with public health authorities to train lawyers to provide free legal assistance to public health authorities confronting biological and other public health emergencies
• Adopted Standards of Practice for Lawyers Representing Child Welfare Agencies to improve legal system service to children and families
• Supported a presumption that any live-born human clone is legally considered a separate and distinct human being that has legal parents
• Urged states to comply with guidelines designed to assure procedural safeguards when criminally accused people are ordered to pay a fee for appointment of a public defender
• Adopted a series of recommendations to reduce the risk of convicting innocent people of crimes, including accreditation of crime laboratories and medical examiner offices and standardization of their procedures; recommending “best practices” and urging police and prosecutors to develop guidelines to improve accuracy of lineup and photo identifications; adequate funding, training and procedures for criminal investigators and discipline for procedural violations; and adoption of workload standards and principles for prosecutors and adequate funding for prosecutor offices
• Urged elimination of public policies that allow discrimination against people who seek treatment for alcohol or other drug diseases
• Supported policies to assure uninterrupted educational and other services and stability for homeless children
• Urged stronger enforcement of gun laws at all government levels, and enacting legislation requiring retention of records of gun sale background checks for 90 days
• Adopted standards addressing psychological, legal, medical, mental health, educational and other basic needs of unaccompanied immigrant children in federal custody.

With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society.

Daily Journal (final results of House action)