Torture Claim Rules Published

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The Illinois Torture Inquiry and Relief Commission (ITIRC) recently published proposed rules on the overall process of reviewing torture claims, including how alleged victims of torture can file claims with the commission.

ITIRC Chair and retired Judge Patricia Brown Holmes and executive director David C. Thomas announced that the proposed rules provided a streamlined approach for individuals to file complaints and details how the decision-making process will apply to claims.

The ITIRC was created to investigate claims of convicted persons that claim they were tortured into confessing to the crime for which they were convicted and that their confessions were used to obtain their convictions. Current priority is given to claims alleging torture by former Chicago Police Department detective and Commander Jon Burge or officers under his supervision, according to an ITIRC press release.

According to Thomas, the Commission provides a second chance for alleged torture victims voices to be heard. In discussing the purpose of the ITIRC, he said, the commission will, take another look at cases involving claims of torture. When a lot of these cases were originally heard in the courta lot of the claims were dismissed, without scrutiny that the state legislature feels that they deserve, he said.

The published rules are a part of standard operating procedure for agencies. For a state agency to operate [it] has to draft and publish proposed rules and there has to be a period of 45 days for the public to comment on those rules. Theres a second period where the Joint Committee on Administrative Rules looks at the rules to insure that they conform to the statute creating the agency. The agency cannot enforce a rule against anybody until the rules have gone through the process, Thomas explained.

The rules were initially published on May 27. The first period of comment will end on July 11. During the second period, the rules are not held to a certain time frame for review. Im hopeful that the rules will be adopted in final form maybe the end of July, early August, Thomas said.

The ITIRC was created in early 2011 and has not investigated any claims of torture as of yet. The Commission does have a procedure in place once they begin to receive claims.

After the staff does an investigation, it makes a recommendation to the commission if the claim is credible and whether it should be referred to the chief judge of the Circuit Court of Cook County for judicial relief. If the claim is not credible, it will be denied, he said.

The Commission published the proposed rules in the Illinois Register (Vol. 35, Issue 22) on May 27. A copy of the proposed rules is available on the Commissions website: http://www2.illinois.gov/ihrc/Pages/IllinoisTortureInquiryandReliefCommission.aspx

Interested persons may comment on the proposed rules by writing to the following address: Illinois Torture Inquiry and Relief Commission, c/o Executive Director David C. Thomas, 160 N. LaSalle, Room N560, Chicago, IL 60601 or call, 312-814-4662 to comment.

Thelma Sardin, press release

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