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EXECUTIVE SUMMARY

RECOMMENDATIONS TO THE UNITED STATES

THE FAILURE OF THE UNITED STATES TO COMPLY WITH THE CONVENTION AGAINST TORTURE

A. Reservations and Understandings of the United States to the Convention Against Torture

B. Deliberate Circumvention of Human Rights Law in the "Global War on Terrorism" (Articles 1, 2, 16)

C. Legal Status of Persons Captured by United States' Forces in the "Global War on Terrorism"

1. Executive Rather than Judicial Determinations on Detention
2. Status of Persons Detained In Guantánamo Bay and Afghanistan
3.  "Enemy Combatants" in the United States

D. Torture and Abuse in the "Global War on Terrorism" (Articles 1, 16)

1. Torture and Cruel, Inhuman or Degrading Treatment of Detainees at Guantánamo
2. Torture and Cruel, Inhuman or Degrading Treatment of Detainees in Afghanistan
3. Torture and Cruel, Inhuman or Degrading Treatment of Detainees in Iraq
4. Deaths in U.S. Custody Iraq and Afghanistan
5. Ghost Detainees and Secret Detention Facilities

E. Torture and Abuse in the United States (Articles 1, 16)

1. Conditions of Confinement in Prisons and Jails in the United States
   a. Prisoners "Left to Die" During Hurricane Katrina
   b. Other Cruel and Inhuman Conditions of Confinement
   c. Supermaximum Security Prisons
   d. Inadequate Medical Care and Mental Health Care
2. Prison Rape and Sexual Assault
3. Cruel Use of Restraint and Electro-Stun Devices
4. Cruel Punishment for Juveniles
5. Abuse of Non-Citizens in Detention in the United States
   a. Abuse of Non-Citizens in Immigration Detention Centers
   b. Abuse of Non-Citizens Detained in the "Global
   War on Terror"
   c. Misuse of Material Witness Act

F. Inadequate Review of Interrogation Rules (Article 11)

G. Unlawful Renditions (Articles 1, 3, 16)

1. Khalid El-Masri
2. Ahmed Agiza and Mohammed El Zery

H. Failure to Conduct Prompt and Impartial Investigations (Article 12)

1. Inadequate Government Investigations into Abuse in Afghanistan, Iraq and Guantánamo
2. Inadequate Prosecution and Punishment
3. Lack of Independent Oversight of Jails and Prisons in the United States

I. Limitations on the Rights of Redress and Remedy (Articles 13, 14)

1. Redress for Violations Outside the United States
2. Redress for Violations Inside the United States

J. Admission of Coerced Testimony (Article 15)

1. Admission of Coerced Testimony in Combatant Status Review Tribunals and Military Commissions
2. Admission of Coerced Testimony in Criminal Cases in the United States

K. Inadequacy of United States Laws Criminalizing Torture (Articles 4, 5)

L. Failure to Adequately Educate and Train Government Officials (Article 10)

Annex A: Some Publicly Known Deaths of Detainees in U.S. Custody in Afghanistan and Iraq

Annex B: Documents obtained through ACLU Freedom of Information Act litigation regarding treatment of detainees in Iraq, Afghanistan, and Guantánamo

Annex C: Summaries of U.S. Investigations of Abuse