US embassy cable - 05HELSINKI1211

C O N F I D E N T I A L SECTION 01 OF 02 HELSINKI 001211 
 
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E.O. 12958: DECL: 11/15/2015 
TAGS: PHUM, PREL, FI, UNGA/C-3, EUN, Counterterrorism, Human Rights 
SUBJECT: CHARGE'S MEETING WITH UN SPECIAL RAPPORTEUR 
SCHEININ 
 
 
Classified By: CHARGE D'AFFAIRES AMY HYATT FOR REASON 1.4 (B) and (D) 
 
1.  (C)  Summary:  The Charge spoke with UN Special 
Rapporteur for Human Rights Scheinin in Turku on Nov. 10. 
Scheinin said he planned to be proactive in investigating 
human rights abuses committed in the name of combating 
terrorism.  He plans to go beyond reporting and to engage 
governments and offer alternative best practices in cases 
where abusive or illegal procedures are identified.  Lack of 
logistical support from the UN has hampered his ability to 
begin investigations.  Scheinin has selected 10 countries 
(including the United States and UK) in which he plans to 
explore alleged human rights abuses and seek best practices. 
A trip to the UK next month may serve as a preliminary to an 
official visit looking into allegations of extrajudicial 
renditions.  Scheinin has also requested to visit U.S. 
facilities in Guantanamo.  End Summary. 
 
Advocacy vice Research 
---------------------- 
2.  (C)  Charge Hyatt met with Martin Scheinin--  UN Special 
Rapporteur for the Promotion and Protection of Human Rights 
While Countering Terrorism--  on November 10 in Turku. 
Scheinin is the Director of the Abo Academy's Institute for 
Human Rights (note:  "Abo" is the Swedish name for Turku, and 
the Abo Academy is Finland's largest and oldest 
Swedish-speaking tertiary institution).  Scheinin, who was 
appointed to the newly-created Rapporteur position in July, 
told the Charge that his work would be complementary to that 
of other UN officials like the Special Rapporteurs for 
torture, rape, legal and judicial affairs, etc.  These 
rapporteurs were already looking into various allegations 
that illegal or unethical measures have been employed in 
certain cases in the war on terrorism.  He did not intend to 
"reinvent the wheel" or duplicate their efforts.  Rather, he 
hoped to use his new role to complement the work of others 
and fill gaps not otherwise covered.  Scheinin said that in 
some ways, his UN mandate came too late.  Questionable 
practices that arose in the immediate aftermath of 9/11 have 
had too much time to become established procedures. 
Scheinin's focus will be to highlight such practices and work 
with governments to correct them. 
 
 
3.  (C)  Scheinin said that he plans to be proactive vice 
reactive in his work as special rapporteur  Too many 
rapporteurs and investigators collect reams of information 
and anecdotal evidence, and simply forward this to the UN and 
relevant member states, perhaps with some basic analysis or 
editorial comment.  This provides good grist for human rights 
NGOs, but isn't necessarily the best way to affect change. 
Scheinin wants to engage governments and take substantive 
action where legal and human rights abuses are identified in 
the ongoing fight against terrorism.  He also said that 
shedding light on questionable practices isn't enough; best 
practices should also be identified, recognized, and promoted 
as prescriptive remedies to problems.  Scheinin's UN mandate 
includes coordination with the Counter-terrorism Committee of 
the Security Council, and he hopes to act as a liaison 
between the Security Council and Human Rights Committee and, 
in his words, "bridge the gap between what the one hand is 
telling the other." 
 
 
The Road Ahead 
-------------- 
4.  (C)  The Charge asked Scheinin what his strategy was for 
implementing his three-year UN mandate.  Scheinin replied 
that he will focus on three themes:  freedom of assembly and 
association; implications of counter-terrorism measures on 
economic, cultural, and social rights; and the special 
problem of suicide attacks and the West's inability to 
understand such tactics and deal with them effectively in a 
manner consistent with core human rights values.  Scheinin 
told the Charge that his ability to get started was hampered 
by poor support from the UN.  The UN has been slow to 
facilitate the hiring of a research assistant although the 
necessary funding has been set aside; therefore, Scheinin is 
currently working alone.  He can draw on some support from 
faculty and students at the Abo Academy, but hopes to have a 
full-time doctoral student to assist him as well as a board 
of external advisors from other human rights and peace 
institutes around the world.  Scheinin said that if UN 
support remains problematic, the Nordic countries might 
provide assistance through their own (non-UN) channels. 
 
 
Investigations and the United States 
------------------------------------ 
5.  (C)  The Charge then asked Scheinin to describe the 
specific cases or investigations on which he was already 
focusing.  Scheinin said that he has selected ten countries 
from different regions.  Every part of the world is 
represented except for Latin America, where he was still 
considering a good candidate (Colombia having been ruled 
out).  He declined to reveal the specific countries already 
selected, although he hinted that Tunisia and Algeria-- 
countries about which he had commented publicly in recent 
weeks -- were on the list.  Scheinin said that he has 
notified all ten countries of his interest in investigating 
various aspects of their counter-terrorism regimes; so far he 
has received a written response from only one, and that one 
was a quick, negative reply. 
 
6.  (C) Scheinin then noted his interest in extraordinary 
renditions associated with U.S. and UK counter-terrorism 
efforts.  He said that his interest in the UK's role in such 
renditions was well-known, and that he would continue to look 
into such practices.  Scheinin travels to the UK next month 
for an Amnesty International conference;  he said that the 
trip could become a "preliminary" visit for a full-fledged 
official visit to the UK in his capacity as Special 
Rapporteur at a later date.  Scheinin said that he was "also 
interested in (renditions and) the United States." 
 
7.  (C)  Scheinin told the Charge that he hopes to visit 
Guantanamo.  Three UN rapporteurs have been authorized to 
visit Guantanamo, but on condition that they not speak with 
detainees.  Scheinin said that this condition was still being 
negotiated.  As the newest UN rapporteur, he did not want to 
impede the efforts of his colleagues at gaining access to 
Guantanamo, but was willing to "wait his turn," which he was 
confident would indeed materialize.  He has submitted a 
request through UN channels, but has not yet received a reply. 
 
French Assimilation Problems 
---------------------------- 
8.  (C)  Finally, Scheinin and the Charge discussed the riots 
in France.  Scheinin opined that there was a lack of space 
for religiosity in French society.  This was tolerated by 
France's secular Christian community but more frustrating for 
Muslims.  He questioned whether the French "Republican" model 
of integration was workable.  The Charge noted that in the 
U.S., the melting pot theory of assimilation had given way to 
the "salad bowl" model where cultural differences were 
accepted and even promoted to some degree.  Scheinin said 
that the UK provided the best European example of a 
multicultural approach to integration, although he still 
questioned its efficacy in assimilating a large Muslim 
population. 
 
9.  (C)  Comment:  Scheinin seemed the consummate 
professional--  engaging, articulate, and obviously sincere 
in his convictions.  Although his remarks as reported in the 
British and Finnish press often seem to have a slightly 
confrontational tone (re investigation of extrajudicial 
rendition, etc.), his demeanor was measured throughout our 
conversation.  Scheinin did make oblique reference, however, 
to allegations that the U.S. has secret prison facilities in 
Eastern Europe.  He recognized that we were in no position to 
comment on the issue and clearly made an effort to avoid 
putting the Charge in an awkward situation.  But professional 
demeanor notwithstanding, Scheinin is an energetic and 
experienced investigator and researcher who believes 
uncovering alleged human rights abuses is important, and who 
can be expected to pursue such allegations with some 
tenacity. End Comment. 
 
 
HYATT