	Introduction

Persons suspected of terrorist or criminal activity may be transferred from one State (i.e., country) to another to answer charges against them. A distinct form of rendition is extradition , by which one State surrenders a person within its territorial jurisdiction to a requesting State via a formal legal process, typically established by treaty between the countries. The terms "irregular rendition" and "extraordinary rendition" have been used to refer to the extrajudicial transfer of a person from one State to another, generally for the purpose of arrest, detention, and/or interrogation by the receiving State (for purposes of this report, the term "rendition" will be used to describe irregular renditions, and not extraditions, unless otherwise specified). Where appropriate, the United States seeks assurances that transferred persons will not be tortured." In January 2009, President Obama issued an Executive Order creating a special task force to review U.S. transfer policies, including the practice of rendition, to ensure compliance with applicable legal requirements. In August, the task force issued recommendations to ensure that U.S. transfer practices comply with applicable standards and do not result in the transfer of persons to face torture. These recommendations include strengthening procedures used to obtain assurances from a country that a person will not face torture if transferred there, including through the establishment of mechanisms to monitor the treatment of transferred persons. This report describes the most relevant legal guidelines limiting the transfer of persons to foreign States where they may face torture, as well as recent legislation seeking to limit the rendition of persons to countries believed to practice torture. Limitations Imposed on Renditions by the Convention Against Torture and Implementing Legislation

The U.N. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) and U.S. domestic implementing legislation impose the primary legal restrictions on the transfer of persons to countries where they would face torture. Domestic Implementation of CAT Article 3

The Foreign Affairs Reform and Restructuring Act of 1998 (FARRA) implemented U.S. obligations under CAT Article 3. Application of CAT and Implementing Legislation to the Practice of Extraordinary Renditions

Although the express intent of CAT was to help ensure that no one would be subjected to torture, it is arguably unclear as to whether CAT would in all circumstances bar renditions to countries that practice torture, including possibly in certain cases where the rendering State was aware that a rendered person would likely be tortured. Again, neither CAT nor U.S. implementing regulations prohibit the United States from transferring persons to States where they would face harsh treatment—including treatment that would be prohibited if carried out by U.S. authorities—that does not rise to the level of torture. The Military Commissions Act of 2006 (MCA, P.L. However, the War Crimes Act may be interpreted as prohibiting some renditions. CAT-implementing regulations prohibit the transfer of persons to countries where they would more likely than not face torture , but not cruel, inhuman, or degrading treatment that does not rise to the level of torture. The Executive Order entitled "Ensuring Lawful Interrogations" establishes a Special Interagency Task Force on Interrogation and Transfer Policies, which is charged with reviewing
the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.
Persons suspected of criminal or terrorist activity may be transferred from one State (i.e., country) to another for arrest, detention, and/or interrogation. Commonly, this is done through extradition, by which one State surrenders a person within its jurisdiction to a requesting State via a formal legal process, typically established by treaty. Far less often, such transfers are effectuated through a process known as "extraordinary rendition" or "irregular rendition." These terms have often been used to refer to the extrajudicial transfer of a person from one State to another. In this report, "rendition" refers to extraordinary or irregular renditions unless otherwise specified.
Although the particularities regarding the usage of extraordinary renditions and the legal authority behind such renditions are not publicly available, various U.S. officials have acknowledged the practice's existence. During the Bush Administration, there was controversy over the use of renditions by the United States, particularly with regard to the alleged transfer of suspected terrorists to countries known to employ harsh interrogation techniques that may rise to the level of torture, purportedly with the knowledge or acquiescence of the United States. In January 2009, President Obama issued an Executive Order creating a special task force to review U.S. transfer policies, including the practice of rendition, to ensure compliance with applicable legal requirements. In August, the task force issued recommendations to ensure that U.S. transfer practices comply with applicable standards and do not result in the transfer of persons to face torture. These recommendations include strengthening procedures used to obtain assurances from a country that a person will not face torture if transferred there, and the establishment of mechanisms to monitor the treatment of transferred persons.
This report discusses relevant international and domestic law restricting the transfer of persons to foreign states for the purpose of torture. The U.N. Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), and its domestic implementing legislation (the Foreign Affairs Reform and Restructuring Act of 1998) impose the primary legal restrictions on the transfer of persons to countries where they would face torture. Both CAT and U.S. implementing legislation generally prohibit the rendition of persons to countries in most cases where they would more likely than not be tortured, though there are arguably limited exceptions to this prohibition. Historically, the State Department has taken the position that CAT's provisions concerning the transfer of persons do not apply extraterritorially, though as a matter of policy the United States does not transfer persons in its custody to countries where they would face torture (U.S. regulations and statutes implementing CAT, however, arguably limit the extraterritorial transfer of individuals nonetheless). Under U.S. regulations implementing CAT, a person may be transferred to a country that provides credible assurances that the rendered person will not be tortured. Neither CAT nor its implementing legislation prohibits the rendition of persons to countries where they would be subject to harsh treatment not rising to the level of torture. Besides CAT, additional obligations may be imposed upon U.S. rendition practice via the Geneva Conventions, the War Crimes Act (as amended by the Military Commissions Act (P.L. 109-366), the International Covenant on Civil and Political Rights (ICCPR), and the Universal Declaration on Human Rights.
Legislation was introduced in the 110th Congress to limit or bar U.S. participation in renditions. It is possible that similar legislation will be proposed in the 111th Congress.