FINLAND: UN RAPPORTEUR WELCOMES THE SECRETARY'S

C O N F I D E N T I A L SECTION 01 OF 02 HELSINKI 001290

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STATE FOR EUR/NB, DRL, IO

E.O. 12958: DECL: 12/13/2015
TAGS: PHUM PREL PGOV SOCI FI
SUBJECT: FINLAND: UN RAPPORTEUR WELCOMES THE SECRETARY'S
REMARKS ON RENDITION

REF: A. STATE 219905


B. HELSINKI 1211

C. HELSINKI 1281

Classified By: POLOFF DAVID ALLEN SCHLAEFER FOR REASONS 1.4 (B) and (D)


1. (C) Summary: UN Special Rapporteur for Human Rights
Scheinin welcomed the Secretary's clarification of U.S.
policy on transportation of prisoners and U.S. obligations
under the CAT. He said her specific reference to "degrading"
treatment was important, but noted that additional
clarification of U.S. obligations under the ICCPR would be
helpful. Specific details of a 2003 CIA flight to Finland
are less important than public discussion about the legal and
human rights implications of rendition. Finnish media focus
on flight details could obscure the larger discussion.
Scheinin's visit to the UK was positive, and he may not make
a second trip before submitting his report. End Summary.


UN Rapporteur Welcome Secretary's Remarks
--------------

2. (C) In response to Ref A instructions to use the
Secretary's recent remarks as an opportunity to shape public

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discussion of the arrest and transportation of terrorists,
Poloff spoke with Martin Scheinin, UN Special Rapporteur for
the Promotion and Protection of Human Rights While Countering
Terrorism and Finland's leading scholar on human rights.
Scheinin welcomed the Secretary's clarifications of U.S.
policy, especially its obligations under the Convention
Against Torture (CAT). He believed her statement was well
received by the international community and was a "necessary
ethical marker in an uncertain (security) environment." The
fact that the Secretary made specific reference to
"degrading" treatment was also important; the humiliation of
Iraqi prisoners in Abu Ghraib proved that degrading treatment
can be as abusive as physical torture. Scheinin said that he
had commented favorably about the Secretary's remarks in an
interview with Finland's largest Swedish-language newspaper
and would repeat his positive assessment during additional
interviews later this week.


A Point for Clarification
--------------

3. (C) Scheinin said that he hopes the U.S. will now
clarify its earlier interpretation of the International
Convention on Civil and Political Rights (ICCPR). A 2005
annex to the ICCPR suggests that U.S. obligations under the
Convention do not extend beyond U.S. borders, a position
seemingly at odds with the Secretary's comments on the CAT.
The ICCPR is more broad than the CAT and covers issues such
as arbitrary and extrajudicial arrest and detention.
Scheinin opined that there would be little room for criticism
of stated U.S. policy if U.S. interpretation of the ICCPR
were brought in line with that of the CAT.


Rendition Allegations
--------------

4. (C) Regarding allegations that an aircraft making a
Helsinki stopover enroute to Stockholm in 2003 may have
transported terrorist suspect(s) (Refs B and C),Scheinin at
first asked Poloff for new details. He said that a December
9 MFA press release led him to believe that the USG would
provide the GoF additional information. Scheinin said that
he presumed the GoF would not have posted the release without
confirming that additional details from the USG were indeed
forthcoming. Per Department guidance, Poloff replied that we
did not expect additional information about the flight in
question, but that the Secretary's remarks clearly laid out
U.S. policy concerning renditions; the GoF was aware that
country-specific information about individual flights was
unlikely. Scheinin then said that, in his opinion, questions
about the Finland flight were not very important; he was
aware that several countries were inquiring about hundreds of
flights in toto, and that it was unrealistic to expect the
U.S. to provide details about all of them. However, he
remained concerned about the larger issue of whether such
flights violated legal and human rights principles. Too much
media focus on the flight could also obscure the discussion,
he added.


UK Visit
--------------

5. (C) Scheinin's late November visit to the UK to
investigate the rendition-overflight issue went well (see Ref
B). He said that Home Office officials were helpful and that
the atmosphere was "professional and cordial." He is waiting
for several written responses from the British Government;
depending upon the information he receives, he may not need
to visit the UK again in his capacity as rapporteur before
preparing his report to the UNHCHR. Scheinin noted that
British officials were frustrated by European criticism
directed toward the UK when, in their opinion, British
intelligence operations were more transparent than the
operations of countries like Italy and, especially, France.
Scheinin said that he imagines U.S. officials may feel the
same way, but that "it is a credit to the UK and U.S. that
the world looks to you to hold a higher standard."
HYATT