Foreign Relations of the United States, 1981–1988, Volume XLI, Global Issues II

104. Letter From Acting Secretary of State Whitehead to the Deputy Attorney General (Burns)¹

Washington, March 4, 1988

Dear Arnie:

I was very pleased that our meeting on February 17 concerning the Torture Convention was so productive.² I understand that members of our staffs have now ironed out the last details on the package of reservations, understandings and declarations, a copy of which is enclosed.³

At our February 17 meeting, you requested that we consult with the Senate prior to signing the Convention. Representatives from our two Departments met last Friday with staff members of the Senate Foreign Relations Committee to inform them that we planned to go ahead with signature in the very near future and to brief them on our package of reservations, understandings and declarations.

You also requested that the State Department pledge to resist unjust attempts by foreign governments to prosecute U.S. officials for torture. It goes without saying that the State Department will do everything in its power to protect U.S. officials from unjust prosecutions by foreign states. My Department would be happy to include language in the Senate transmittal document stating that the U.S. Government would strongly resist attempts by foreign states to use the Torture Convention to bring unjustified prosecutions against U.S. citizens.

We believe that this resolves the remaining issues between our two Departments. Unless we hear otherwise from you, we plan to go ahead with signature of the Convention this month.⁴ If you would like to conduct further Senate consultations before signature, please let me know as soon as possible, so that we can complete these consultations by the end of March. For your information, at the time of signature we will state that the United States reserves the right to communicate, upon ratification, such reservations, understandings and declarations as are deemed necessary. This will put other nations on notice that we plan to submit reservations, understandings and declarations at the time of ratification, without appearing to preempt the Senate’s role in the ratification process. As you requested, we will consult with you about the Senate transmittal documents before referring the Convention to the Senate for advice and consent.

Thank you for your help and cooperation in this matter.

Sincerely,

John C. Whitehead⁵

1. Source: Department of State, Correspondence File—Ambassador Richard Schifter CHRON and Subject Files, 1984–1991, Lot 94D411, Projects—Torture Convention 1988. No classification marking. Drafted by Bodansky on March 1 and cleared in L/HRR. Shultz was in Syria to discuss a Middle East peace initiative.
2. In a February 16 briefing memorandum to Whitehead, Sofaer, Schifter, and Williamson provided briefing material for the February 17 meeting with Burns. (Department of State, Correspondence File—Ambassador Richard Schifter CHRON and Subject Files, 1984–1991, Lot 94D411, Chron Correspondence w/Dep’t Officials 1988 [Outside HA] January-February)
3. Undated, attached but not printed.
4. The United States signed the convention on April 18.
5. Whitehead initialed JW above his typed signature.