Executive Summary | 11 10. 11. Concerning access to justice, the IACHR requests the United States to try detainees facing prosecution before military commissions in federal courts; ensure detainees’ access to a proper judicial review of the legality of their detention; provide detainees and their counsel with all evidence used to justify the detention; and guarantee that attorney-client privilege is respected. The Commission also asks that Courts hearing such cases undertake a rigorous examination of the Government’s evidence to ensure that any detention in this context is based on clear and convincing evidence. Finally, the Inter-American Commission reiterates its call for the closure of Guantanamo. In order to fulfill this goal, the Commission recommends repealing the National Defense Authorization Act (NDAA) provisions that prohibit the transfer of Guantanamo detainees to the United States for prosecution, incarceration, and medical treatment; expediting the Periodic Review Board process; and accelerating detainees’ transfers to their countries of origin or third countries in accordance with the principle of non-refoulement. The Commission further calls upon the United States Government to review the situation of the Yemeni detainees on an individual case-by-case basis; transfer detainees facing prosecution to the United States to be tried in federal courts; and transfer convicted detainees to federal prisons to serve the remainder of their sentences. Inter-American Commission on Human Rights | IACHR

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