CHARGE'S MEETING WITH UN SPECIAL RAPPORTEUR

C O N F I D E N T I A L SECTION 01 OF 02 HELSINKI 001211

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E.O. 12958: DECL: 11/15/2015
TAGS: PHUM PREL FI UNGA EUN
SUBJECT: CHARGE'S MEETING WITH UN SPECIAL RAPPORTEUR
SCHEININ


Classified By: CHARGE D'AFFAIRES AMY HYATT FOR REASON 1.4 (B) and (D)


1. (C) Summary: The Charge spoke with UN Special
Rapporteur for Human Rights Scheinin in Turku on Nov. 10.
Scheinin said he planned to be proactive in investigating
human rights abuses committed in the name of combating
terrorism. He plans to go beyond reporting and to engage
governments and offer alternative best practices in cases
where abusive or illegal procedures are identified. Lack of
logistical support from the UN has hampered his ability to
begin investigations. Scheinin has selected 10 countries
(including the United States and UK) in which he plans to
explore alleged human rights abuses and seek best practices.
A trip to the UK next month may serve as a preliminary to an
official visit looking into allegations of extrajudicial
renditions. Scheinin has also requested to visit U.S.
facilities in Guantanamo. End Summary.

Advocacy vice Research
--------------

2. (C) Charge Hyatt met with Martin Scheinin-- UN Special
Rapporteur for the Promotion and Protection of Human Rights
While Countering Terrorism-- on November 10 in Turku.
Scheinin is the Director of the Abo Academy's Institute for
Human Rights (note: "Abo" is the Swedish name for Turku, and
the Abo Academy is Finland's largest and oldest
Swedish-speaking tertiary institution). Scheinin, who was
appointed to the newly-created Rapporteur position in July,
told the Charge that his work would be complementary to that
of other UN officials like the Special Rapporteurs for
torture, rape, legal and judicial affairs, etc. These
rapporteurs were already looking into various allegations
that illegal or unethical measures have been employed in
certain cases in the war on terrorism. He did not intend to
"reinvent the wheel" or duplicate their efforts. Rather, he
hoped to use his new role to complement the work of others
and fill gaps not otherwise covered. Scheinin said that in
some ways, his UN mandate came too late. Questionable
practices that arose in the immediate aftermath of 9/11 have
had too much time to become established procedures.
Scheinin's focus will be to highlight such practices and work
with governments to correct them.



3. (C) Scheinin said that he plans to be proactive vice
reactive in his work as special rapporteur Too many
rapporteurs and investigators collect reams of information
and anecdotal evidence, and simply forward this to the UN and
relevant member states, perhaps with some basic analysis or
editorial comment. This provides good grist for human rights
NGOs, but isn't necessarily the best way to affect change.
Scheinin wants to engage governments and take substantive
action where legal and human rights abuses are identified in
the ongoing fight against terrorism. He also said that
shedding light on questionable practices isn't enough; best
practices should also be identified, recognized, and promoted
as prescriptive remedies to problems. Scheinin's UN mandate
includes coordination with the Counter-terrorism Committee of
the Security Council, and he hopes to act as a liaison
between the Security Council and Human Rights Committee and,
in his words, "bridge the gap between what the one hand is
telling the other."


The Road Ahead
--------------

4. (C) The Charge asked Scheinin what his strategy was for
implementing his three-year UN mandate. Scheinin replied
that he will focus on three themes: freedom of assembly and
association; implications of counter-terrorism measures on
economic, cultural, and social rights; and the special
problem of suicide attacks and the West's inability to
understand such tactics and deal with them effectively in a
manner consistent with core human rights values. Scheinin
told the Charge that his ability to get started was hampered
by poor support from the UN. The UN has been slow to
facilitate the hiring of a research assistant although the
necessary funding has been set aside; therefore, Scheinin is
currently working alone. He can draw on some support from
faculty and students at the Abo Academy, but hopes to have a
full-time doctoral student to assist him as well as a board
of external advisors from other human rights and peace
institutes around the world. Scheinin said that if UN
support remains problematic, the Nordic countries might
provide assistance through their own (non-UN) channels.


Investigations and the United States
--------------

5. (C) The Charge then asked Scheinin to describe the
specific cases or investigations on which he was already
focusing. Scheinin said that he has selected ten countries
from different regions. Every part of the world is
represented except for Latin America, where he was still
considering a good candidate (Colombia having been ruled
out). He declined to reveal the specific countries already
selected, although he hinted that Tunisia and Algeria--
countries about which he had commented publicly in recent
weeks -- were on the list. Scheinin said that he has
notified all ten countries of his interest in investigating
various aspects of their counter-terrorism regimes; so far he
has received a written response from only one, and that one
was a quick, negative reply.


6. (C) Scheinin then noted his interest in extraordinary
renditions associated with U.S. and UK counter-terrorism
efforts. He said that his interest in the UK's role in such
renditions was well-known, and that he would continue to look
into such practices. Scheinin travels to the UK next month
for an Amnesty International conference; he said that the
trip could become a "preliminary" visit for a full-fledged
official visit to the UK in his capacity as Special
Rapporteur at a later date. Scheinin said that he was "also
interested in (renditions and) the United States."


7. (C) Scheinin told the Charge that he hopes to visit
Guantanamo. Three UN rapporteurs have been authorized to
visit Guantanamo, but on condition that they not speak with
detainees. Scheinin said that this condition was still being
negotiated. As the newest UN rapporteur, he did not want to
impede the efforts of his colleagues at gaining access to
Guantanamo, but was willing to "wait his turn," which he was
confident would indeed materialize. He has submitted a
request through UN channels, but has not yet received a reply.

French Assimilation Problems
--------------

8. (C) Finally, Scheinin and the Charge discussed the riots
in France. Scheinin opined that there was a lack of space
for religiosity in French society. This was tolerated by
France's secular Christian community but more frustrating for
Muslims. He questioned whether the French "Republican" model
of integration was workable. The Charge noted that in the
U.S., the melting pot theory of assimilation had given way to
the "salad bowl" model where cultural differences were
accepted and even promoted to some degree. Scheinin said
that the UK provided the best European example of a
multicultural approach to integration, although he still
questioned its efficacy in assimilating a large Muslim
population.


9. (C) Comment: Scheinin seemed the consummate
professional-- engaging, articulate, and obviously sincere
in his convictions. Although his remarks as reported in the
British and Finnish press often seem to have a slightly
confrontational tone (re investigation of extrajudicial
rendition, etc.),his demeanor was measured throughout our
conversation. Scheinin did make oblique reference, however,
to allegations that the U.S. has secret prison facilities in
Eastern Europe. He recognized that we were in no position to
comment on the issue and clearly made an effort to avoid
putting the Charge in an awkward situation. But professional
demeanor notwithstanding, Scheinin is an energetic and
experienced investigator and researcher who believes
uncovering alleged human rights abuses is important, and who
can be expected to pursue such allegations with some
tenacity. End Comment.


HYATT