A/HRC/22/53/Add.4 alleged detention of five non-US citizens currently detained at the military detention facility at Guantanamo Bay, Mr. Khalid Sheikh Mohammad, Mr. Walid Muhammad Salih Mybarack Bin Attash, Mr. Ramzi Binalshibh, Mr. Ali Abdul Aziz Ali, and Mr. Mustafa Ahmed Adam Al Hawasawi. According to the information received, the United States Military Commission brought charges against the five named individuals on 31 May 2011 and 26 January 2012. The Special Rapporteur expressed concern that the Government failed to properly investigate and acknowledge that some of the interrogation techniques used in its detention facilities including Guantanamo Bay might constitute a violation of the Convention against Torture. In this context, the Special Rapporteur reminds the Government that the Committee Against Torture called on the United States in 2006 to “rescind any interrogation technique, including methods involving sexual humiliation, „waterboarding,‟ „short shackling‟ and using dogs to induce fear, that constitutes torture or cruel inhuman or degrading treatment or punishment, in all places of detention under its de facto effective control, in order to comply with its obligations under the Convention.” The Special Rapporteur further draws attention to article 12 of the Convention against torture and cruel, inhuman and degrading treatment or punishment (CAT), which requires competent authorities to undertake a prompt and impartial investigation wherever there is reasonable ground to believe that an act of torture has been committed in any territory under the jurisdiction of the State party. The Special Rapporteur additionally reiterates article 15 of the Convention, which provides that “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made,” and article 14(3)(g) of the International Covenant on Civil and Political Rights, which states that the accused “should not be compelled to testify against himself or to confess guilt.” In the absence of evidence to the contrary, the Special Rapporteur concludes that the named individuals were in fact subjected to the methods of torture and cruel, inhuman and degrading treatment mentioned in his communication. The Special Rapporteur calls on the Government to initiate prompt and impartial investigations into all allegations of torture and ill-treatment and to ensure that evidence obtained under torture will not be invoked in any proceedings against the defendants. (g) JUA 30/11/2012 Case No. USA 32/2012 State reply: None to date Alleged arbitrary and indefinite detention, inhuman treatment, and denial of access to an indepent doctor 155. The Special Rapporteur regrets that the Government of the United States of America has not responded to this communication, thereby failing to cooperate with the mandate established by the Human Rights Council. The communication referred to the alleged detention of Mr. Shaker Aamer, a non-United States citizen, at the military detention facility at Guantanamo Bay. The Special Rapporteur expresses grave concern over allegations that Mr. Aamer was subjected to torture, inhuman, and degrading treatment at the Bagram and Kandahar Air Force bases in Afghanistan, and at Guantanamo Bay. According to the information received, Mr. Aamer was captured in October 2001 and not brought before a court or tribunal until November 2004. In this context, the Special Rapporteur reminds the Government of its obligation to protect to right to physical and mental integrity of all persons, which is set forth inter alia in the UDHR, the ICCPR, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Special Rapporteur reiterates paragraph 1 of Human Rights Council Resolution 16/23, which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” The Special Rapporteur also reminds the Government of article 15 of the CAT, which provides that “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the 87