Chapter 1 Introduction | 15 INTRODUCTION 1. 2. 3. A. In the aftermath of the terrorist attacks of September 11, 2001, the United States Government decided to open a detention center at the U.S. Naval Base in Guantanamo Bay, Cuba, to hold individuals captured in Afghanistan and other countries in the context of the “war against terrorism.” The United States administration considered that holding detainees outside of the territory of the United States would deprive federal courts of jurisdiction over detainees’ claims; a premise that was found unconstitutional seven years later. The first prisoners arrived on January 11, 2002. Since that day, the Inter-American Commission on Human Rights (IACHR) has been looking at the situation of Guantanamo detainees from different perspectives. The initial perspective was the issuance, two months after the opening of the facility, of precautionary measures of a general nature to require the definition of the legal status of the detainees. Whereas the precautionary measures have evolved over time and have concerned many specific issues, such as allegations of abuse and torture of detainees, they are now oriented towards the objective of definitively closing the prison. This report examines the situation of detainees at Guantanamo from an overall perspective. It addresses the major issues surrounding the detainees’ right to personal integrity and looks at how domestic remedies are functioning in the U.S. legal system. It further assesses the question of access to legal defense; the functioning of the military commissions and of the periodic review boards; and it looks at the manner in which transfers of detainees are being conducted. While the IACHR addresses these and other legal issues from a human rights perspective, it also takes into consideration other layers of legal interpretation and application, notably that of international humanitarian law. Background 4. On December 12, 2001, the Inter-American Commission issued a Resolution on terrorism and human rights condemning the attacks of September 11, 2001. 1 The resolution affirmed that “States have the right and indeed the duty to defend themselves against th[e] international crime [of terrorism] within the framework of 1 IACHR, Resolution, Terrorism and Human http://www.cidh.org/Terrorism/Eng/part.t.htm Rights, December 12, 2001. Available at: Inter-American Commission on Human Rights | IACHR