Time is indeed running out. We are soon to become officially a nation that sanctions torture. At the time the United States ratified the Convention Against Torture (1994), we also passed a federal statute criminalizing torture and conspiracy to torture (18 U.S.C. Secs. 2340 and 2340A). That statute has a statute of limitations period of eight years, meaning if it is not enforced within eight years of the alleged act of torture or conspiracy to torture, it cannot be used against the perpetrators of that particular act.

In 2002, the United States began an official policy of torture. It was "legalized," authorized and ordered at the highest levels of our government. Beginning some time in 2010, those who conspired to torture in 2002 will no longer be prosecutable under the federal torture statute.

The evidence that we tortured people is overwhelming. Major General Antonio Taguba wrote in a 2008 preface to a Physicians for Human Rights report that "the Commander-in-Chief and those under him authorized a systematic regime of torture." FBI Guantanamo interrogator, Ali Soufan, reported "borderline torture" to his superiors in Washington. Judge Susan Crawford, the convening authority for the Guantanamo military commissions, said earlier this year, "We tortured Qahtani. His treatment met the legal definition of torture. And that’s why I did not refer the case [for prosecution]." (The Washington Post, January 14, 2009)

Yet not one single person has been charged for these and numerous other crimes. The statute of limitations will soon begin to expire. We will then become a nation that officially sanctions torture.

The Convention Against Torture requires President Obama and Attorney General Holder to investigate allegations where there is a "reasonable ground to believe that an act of torture has been committed." Every single U.S. Attorney in the country also has jurisdiction. So far, none of them seems to recognize we are a nation of laws.

For goodness sakes, the U.S. Attorneys appointed by President Bush had greater courage and integrity in standing up to the pressures coming down on them from above. Some of them remembered the oaths they took. Apparently, none of the Obama-appointed U.S. Attorneys can say the same thing.

Time is of the essence if we are not to become officially a nation that tortures. Call President Obama. Call Attorney General Eric Holder. Call the U.S. Attorney in your federal district.

Call your Senators. My two Senators are both on the Senate Judiciary Committee. On this issue, their conduct has been disgraceful.

This coming week the Human Rights and the Law Subcommittee of the Senate Judiciary Committee is going to hold its first-ever hearing on the implementation of human rights treaties that we have ratified. This includes the Convention Against Torture.

The Senate Judiciary Committee needs only to look at itself to find one big reason for problems in implementation of the CAT. So far, it has shown no interest in pushing the enforcement of the already-passed implementing legislation of this treaty. The Judiciary Committee oversees the Justice Department, but it has never put pressure on the Attorney General to move forward on torture and torture conspiracy prosecutions.

The Human Rights and the Law Subcommittee will take written comments on this issue. Any written statements can be sent to Heloisa at Heloisa_Griggs@Judiciary-dem.senate.gov. Any statements received by December 14 will be entered into the record at the hearing but the record will be kept open for a week after the hearing for additional statements.

Please write. Time is running out.