response to Questions 8 and 11. Assignment of responsibility within the U.S. government for investigating alleged violations of this law and policy necessarily depends on the specific facts and circumstances of the allegations. If criminal violations of federal law are suspected, DOJ may investigate. In other cases, the Inspector General’s office or another component of the agency involved may investigate. 73. Informed in part by the DHS Office of Inspector General’s (DHS/OIG) report on the Maher Arar removal matter, which is available in redacted form at , the Special Task Force made a series of recommendations on the implementation of Article 3 of the Convention, including consideration of diplomatic assurances in immigration removal proceedings. 74. In November 2011, DHS/OIG completed a report on DHS practices and regulations implementing Article 3 in the removal context, including a discussion of the process for considering diplomatic assurances in removal This extensive report, including the DHS response, is available in redacted form at . As recognized in the DHS/OIG report, DHS has established significant procedural safeguards for removal cases in which reliable diplomatic assurances have been obtained by DOS and transmitted to DHS pursuant to law. 75. The United States is not aware of any cases in which humane treatment assurances have not been honored in the case of an individual transferred from the United States or Guantanamo since the Special Task Force report was issued in August 2009. Response to issues raised in Question 11(a). 76. For the United States, the critical determination in the context of any transfer of an individual to a foreign country is whether it is more likely than not that the person would be tortured. U.S. consideration and use of assurances from foreign governments regarding the treatment of people who may be transferred to foreign countries, where such assurances are relevant, factor into this determination. 77. As noted, in August 2009 the Special Task Force made recommendations to the President with respect to all scenarios in which the United States transfers or facilitates the transfer of a person from one country to another or from U.S. custody to the custody of another country. The Special Task Force recommendations were accepted by the President. Several recommendations were aimed at clarifying and strengthening U.S. procedures for obtaining and evaluating diplomatic assurances from receiving countries for those transfers in
response to Questions 8 and 11. Assignment of responsibility within the U.S. government for investigating alleged violations of this law and policy necessarily depends on the specific facts and circumstances of the allegations. If criminal violations of federal law are suspected, DOJ may investigate. In other cases, the Inspector General’s office or another component of the agency involved may investigate. 73. Informed in part by the DHS Office of Inspector General’s (DHS/OIG) report on the Maher Arar removal matter, which is available in redacted form at , the Special Task Force made a series of recommendations on the implementation of Article 3 of the Convention, including consideration of diplomatic assurances in immigration removal proceedings. 74. In November 2011, DHS/OIG completed a report on DHS practices and regulations implementing Article 3 in the removal context, including a discussion of the process for considering diplomatic assurances in removal This extensive report, including the DHS response, is available in redacted form at . As recognized in the DHS/OIG report, DHS has established significant procedural safeguards for removal cases in which reliable diplomatic assurances have been obtained by DOS and transmitted to DHS pursuant to law. 75. The United States is not aware of any cases in which humane treatment assurances have not been honored in the case of an individual transferred from the United States or Guantanamo since the Special Task Force report was issued in August 2009. Response to issues raised in Question 11(a). 76. For the United States, the critical determination in the context of any transfer of an individual to a foreign country is whether it is more likely than not that the person would be tortured. U.S. consideration and use of assurances from foreign governments regarding the treatment of people who may be transferred to foreign countries, where such assurances are relevant, factor into this determination. 77. As noted, in August 2009 the Special Task Force made recommendations to the President with respect to all scenarios in which the United States transfers or facilitates the transfer of a person from one country to another or from U.S. custody to the custody of another country. The Special Task Force recommendations were accepted by the President. Several recommendations were aimed at clarifying and strengthening U.S. procedures for obtaining and evaluating diplomatic assurances from receiving countries for those transfers in
CAT_C_USA_3-5_356_E.docx