USA: U.N. Human rights experts call for the closing down of the Guantanamo detention centre

United Nations rights experts plan to renew calls for the U.S. to close the Guantanamo Bay prison for terror suspects in an address to the global body's top human rights watchdog in Geneva on Thursday (September 21). A panel of five independent experts, presenting their report on the situation of detainees at Guantanamo to the Human Rights Council meeting in Geneva, accused the United States of arbitrary detention of detainees who are denied the opportunity to challenge their detention before a judicial body. Leila Zerrougui, Chairperson Rapporteur of the Working Group on Arbitrary Detentions, speaking on behalf of the five, said, "In the report we conclude that the so-called 'war on terror' is not an armed conflict justifying indefinite detention under international humanitarian law. Moreover, continued interrogation of the detainees is incompatible with the justification given by the Government of the United States, i.e. that international law allows them to detain so-called 'enemy combatants' until the end of the armed conflict. In international law the detainees 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. We consider that this right is currently being violated and that the continuing detention of all persons held at Guantanamo Bay amounts to arbitrary detention." The report also concludes that the interrogation methods used at Guantanamo and authorised by the U.S. Dept of Defense amount to degrading treatment and torture. The right to health is being violated, as is the principle of non-refoulement (the rendition of persons to countries where there is a risk of torture), the report says. Zerrougui continued: "In particular we urge the United States government to either expeditiously bring Guantanamo Bay detainees to trial before a competent and independent tribunal or release them without further delay. We call on the Government to close down the Guantanamo Bay detention centre and, until that time, 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." The group of experts noted with concern that no steps had been taken by the U.S government to close Guantanamo and it had even built of new block due to be opened this month. In addition, Zerrougui noted, new draft legislation has been proposed to Congress which she said was in breach with United States human rights obligations as identified in the report and with the requirements of article 3 of the Geneva Conventions. On behalf of the group of rapporteurs, Zerrougui called upon the Human Rights Council to urge the U.S. government to implement the recommendations of the report and to abide by its human rights obligations in its fight against terrorism. Replying from the floor, the Ambassador of the United States, Warren W. Tichenor said that it was regrettable that the authors of the report had declined to accept their invitation to visit Guantanamo "on comparable terms of reference as we extended to our own members of our own Congress as well as foreign officials, parliamentarians, representatives of international organisations and other visitors. Mr Tichenor said that the report had therefore been prepared without "real evidentiary support". Tichenor added that the report was also wrong on the law. "It ignores the plain text and negotiating history of the International Covenant on Civil and Political Rights, which demonstrate that - contrary to the rapporteurs' assertion - it does not apply outside the territory of a state party. The Report also refuses to acknowledge the Guantanamo facility is established under and governed by the law of armed conflict, or international humanitarian law," he said. Representing Cuba, Mr Rodolfo Reyes referred to Guantanamo as the tip of the iceberg in terms of US violations. An estimated 14,000 people have been victims of arbitrary detentions, forced disappearance, torture and extrajudicial killings at the hands of the Bush administration, he said. The Bush administration says that with the transfer of 14 detainees, including one of the alleged masterminds of Sept. 11, to Guantanamo earlier this month there are no more suspects being held in secret jails. NP/JRC

ITN Source | September 22, 2006

Tags:. .territory. .referred. .reference. .principle. .implement