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<b>From:</b> <a href="mailto:skleine-ahlbrandt@ohchr.org">Stephanie
</a><a href="mailto:skleine-ahlbrandt@ohchr.org">Kleine-Ahlbrandt</a>
<br>
<b>Sent:</b> Friday, February 17, 2006 9:37 AM<br>
<b>Subject:</b> Fw: UN Human Rights Rapporteurs' report on
Guantanamo<br><br>
</font><div align="center"><font face="Times New Roman, Times" size=4><b>
In case you have not yet seen it, the full report is available at (press
release only below):
<a href="http://www.ohchr.org/english/bodies/chr/docs/62chr/E.CN.4.2006.120_.pdf">
<u>
http://www.ohchr.org/english/bodies/chr/docs/62chr/E.CN.4.2006.120_.pdf
</a><br>
</u>HUMAN RIGHTS EXPERTS ISSUE JOINT REPORT <br>
ON SITUATION OF DETAINEES IN GUANTANAMO BAY <br><br>
</b></font><font size=2 color="#FFFFFF">xxxxxxxxxx <br>
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<font face="Arial, Helvetica" size=2>16 February 2006 <br><br>
<br>
The following statement was issued today by the Chairman Rapporteur of
the Working Group on Arbitrary Detention, Leila Zerrougui; Special
Rapporteur on the independence of judges and lawyers, Leandro Despouy;
the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Manfred Nowak; the Special Rapporteur on freedom
of religion or belief, Asma Jahangir, and the Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of
physical and mental health, Paul Hunt: <br><br>
<br>
Five independent investigators of the United Nations Commission on Human
Rights are calling on the United States to close immediately the
detention centre in Guantánamo Bay and bring all detainees before an
independent and competent tribunal or release them. <br><br>
The call comes in a report published today following an <b>18-month
</b>joint study by the experts into the situation of detainees at that
United States Naval Base. The report's findings are based on information
from the United States Government, interviews conducted by the experts
with former Guantánamo Bay detainees currently residing or detained in
France, Spain and the United Kingdom and responses from lawyers acting on
behalf of some current detainees. It also relies on information available
in the public domain, including reports prepared by non-governmental
organizations (NGOs), information contained in declassified official
United States documents and media reports. The experts expressed regret
that the Government did not allow them the opportunity to have free
access to detainees in Guantanamo Bay and carry out private interviews,
as provided by the terms of reference accepted by all countries they
visit. <br><br>
The five experts ? specializing in issues related to arbitrary detention,
freedom of religion, the right to health, torture and the independence of
judges and lawyers ? conclude that the persons held at Guantánamo Bay are
entitled to challenge the legality of their detention before a judicial
body and to obtain release if detention is found to lack a proper legal
basis. The continuing detention of all persons held at Guantánamo Bay
amounts to arbitrary detention, they state, adding that ? where criminal
proceedings are initiated against a detainee ? the executive branch of
the United States Government operates as judge, prosecutor and defence
counsel in violation of various guarantees of the right to a fair trial
<br><br>
According to the experts, attempts by the United States Administration to
redefine "torture" in the framework of the struggle against
terrorism in order to allow certain interrogation techniques that would
not be permitted under the internationally accepted definition of torture
are of utmost concern. The confusion with regard to authorized and
unauthorized interrogation techniques over the last years is particularly
alarming. The interrogation techniques authorized by the Department of
Defense, particularly if used simultaneously, amount to degrading
treatment. If in individual cases, which were described in interviews,
the victim experienced severe pain or suffering, these acts amounted to
torture as defined in article 1 of the Convention against Torture.
Furthermore, the general conditions of detention, in particular the
uncertainty about the length of detention and prolonged solitary
confinement, amount to inhuman treatment and to a violation of the right
to health as well as a violation of the right of detainees to be treated
with humanity and with respect for the inherent dignity of the human
person. They add that force-feeding of competent detainees violates the
right to health as well as the ethical duties of any health professionals
who may be involved. <br><br>
Among their recommendations, the experts say terrorism suspects should be
detained in accordance with criminal procedure that respects the
safeguards enshrined in relevant international law. Accordingly, the
United States Government should either expeditiously bring all Guantánamo
Bay detainees to trial or release them without further delay. They also
call on the Government to close down the Guantánamo Bay detention centre
and to refrain from any practice amounting to torture or cruel, inhuman
or degrading treatment, discrimination on the basis of religion, and
violations of the rights to health and freedom of religion. The
investigators also request full and unrestricted access to the Guantánamo
Bay facilities, including private interviews with detainees.
Consideration should also be given to trying suspected terrorists before
a competent international tribunal. <br><br>
<b><u>Chronology leading up to report: <br><br>
</u></b>The five mandate holders have been following the situation of
detainees held at the United States Naval Base at Guantánamo Bay since
January 2002. In June 2004, the Annual Meeting of special
rapporteurs/representatives, experts and chairpersons of working groups
of the special procedures and the advisory services programme of the
Commission on Human Rights, decided that they should continue this task
as a group because the situation concerns each of their mandates.
<br><br>
In studying the situation, they have continuously sought the cooperation
of the United States authorities. They sent a number of letters
requesting the United States Government to allow them to visit Guantánamo
Bay in order to gather first hand information from the prisoners
themselves. By letter dated 28 October 2005, the Government of the United
States of America extended an invitation for a one-day visit to three of
the five mandate holders, inviting them "to visit the Department of
Defense's detention facilities [of Guantánamo Bay]". The invitation
stipulated that "the visit will not include private interviews or
visits with detainees". In their response to the Government dated 31
October 2005, the mandate holders accepted the invitation, including the
short duration of the visit and the fact that only three of them were
permitted access, and informed the US Government that the visit was to be
carried out on 6 December <b>2005 </b>. However, they did not accept the
exclusion of private interviews with detainees, as that would contravene
the terms of reference for fact-findings missions by special procedures
and undermine the purpose of an objective and fair assessment of the
situation of detainees held in Guantánamo Bay. In the absence of
assurances from the Government that it would comply with the terms of
reference, the mandate holders decided on 18 November 2005 to cancel the
visit. <br><br>
<div align="center">* *** * <br>
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For use of information media; not an official record <br><br>
<br>
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<dl>
<dd>________________________ <br>
<dd>Stephanie T. Kleine-Ahlbrandt <br>
<dd>Programme Manager, Asia-Pacific Unit <br>
<dd>United Nations Office of the High Commissioner for Human Rights <br>
<dd>Tel. + 41.22.917.9112 - Fax. + 41.22.917.9018 <br>
<dd>email:
<a href="mailto:skleine-ahlbrandt@ohchr.org">skleine-ahlbrandt@ohchr.org
</a><br>
<dd>Visiting address: Palais Wilson - 52, rue des Pâquis, CH-1201 Geneva,
Switzerland <br>
<dd>Mailing address: UNOG-OHCHR, CH-1211 Geneva 10, Switzerland <br>
<dd>Website: <a href="http:///" eudora="autourl">http://</a>
<a href="http://www.ohchr.org/">www.ohchr.org </a><br><br>
<br>
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