118 | Towards the Closure of Guantanamo care” in which the individual is constantly monitored. According to the lawyer for Fouzi Al Awda, a former Guantanamo detainee who is part of the program, Mr. Al Awda was required to surrender his passport and check in weekly with local police. His internet usage, religious instruction, social networks, financial affairs, and visits to local mosques will also be reportedly monitored. 347 287. The IACHR reiterates that Guantanamo detainees have been unlawfully detained for more than a decade, without charge or trial, and an inter-agency review has decided not to prosecute many of them but instead to authorize their transfer. Therefore, any such restrictions imposed by the United States or by the receiving country would constitute an arbitrary interference with the enjoyment of the detainees’ human rights. The IACHR is also disturbed by the reported treatment that U.S. authorities give to detainees during transfer. According to a statement made by the defense counsel of Abu Dhiad, a former Syrian detainee who was resettled in Uruguay together with five others on December 7, 2014. During the flight the detainees were reportedly handcuffed and shackled, their eyes and ears were covered and they wore thick gloves to reduce all contact with their environment. 348 288. Once a detainee has been cleared for transfer, the U.S. authorities have no basis to continue treating him as a suspected terrorist. Therefore, cleared detainees should be housed separately from the rest of the prisoners, should have ample access to counsel and family members, and should not be subjected to the regime applicable to the rest of the prison population. Detainees cleared for transfer should be treated as persons who have never been charged –which is what they are-- whom the authorities have no legitimate interest in detaining. The only reason they are still at Guantanamo is that they are waiting for a third country to receive them. For these reasons, transfers should be carried out with full respect for the detainees’ rights to liberty and to personal integrity. Upon arrival, former detainees should not be subjected to any unlawful restriction in the receiving country. 289. The Inter-American Commission calls for the repeal of the NDAA provisions that prohibit the transfer of Guantanamo detainees to the United States. Transfers to the United States should be allowed for purposes of emergency medical treatment, trial, or in cases of detainees cleared for transfer who would be at risk in their home country and who are unable or unwilling to go to a third country. Even though restrictions on transfers imposed by Congress have been a significant obstacle in the closure of the detention facility, the Executive branch has the responsibility to explore all potential avenues. This not only includes diplomatic negotiations but also the search for opportunities within the existing statutory limitations, such as interpreting in a flexible manner the requirements imposed by the NDAA, an aspect that will be developed below. 347 348 Vice News, Life After Guantanamo: The Rehabilitation Program for Kuwait’s Released Inmate, November 10, 2014. Available at: https://news.vice.com/article/life-after-guantanamo-the-rehabilitation-program-forkuwaits-released-inmate La Republica, Los 6 ex reclusos quieren quedarse en Uruguay, December 6, 2014. Available at: http://www.republica.com.uy/reclusos-en-uruguay/493003/ Organization of American States | OAS