120 | Towards the Closure of Guantanamo some of the Yemeni detainees. 354 Between May 2013, and January 2015, twelve Yemeni detainees left Guantanamo. None of them, however, has been repatriated to Yemen. According to the United States, the current situation in Yemen precludes the U.S. Government from repatriating Yemeni detainees. They indicate, however, that the Government is vigorously engaging with partners and allies around the world for assistance in resettling these detainees. 355 294. Of the 48 Yemenis cleared for transfer, 18 were designated for transfer without conditions and 30 were conditionally cleared, which means that some other requirements will have to be met before they could be transferred to Yemen, including improved security conditions there or an appropriate rehabilitation program. Mahmud Abd Al Aziz Al Mujahid, the first detainee to be reviewed by the PRB on November 20, 2013, was determined eligible for repatriation provided “the security situation improves in Yemen” and “an appropriate rehabilitation program becomes available.” 356 As of March 2015 he was still held at Guantanamo. 295. The lifting of the presidential moratorium on transfers to Yemen was an important step in addressing the situation of the Yemeni nationals at Guantanamo. The IACHR has stated that this general restriction on transfers, based solely on the detainees’ nationality and on the political situation in Yemen, constitutes a clear violation of the principle of non-discrimination. 357 The situation of Yemeni detainees should be dealt with on an individual case-by-case basis and not as a block. Authorities should thus look at the threat that the particular individual is alleged to pose and not at actions taken by other individuals. Although the resettlement of twelve Yemenis since the lifting of the moratorium is a good sign toward an individualized approach, the pace of such transfers is unacceptably slow. Accelerating the transfer of Yemeni nationals should be a priority in the roadmap for closing Guantanamo. 3. The principle of non-refoulement 296. The principle of non-refoulement prohibits the transfer and deportation of individuals to countries where their life, personal integrity or personal freedom may be in danger. In Resolution 2/06 adopted on July 28, 2006, the Inter-American Commission stated that “where there are substantial grounds for believing that [a detainee] would be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment, the State should ensure that the detainee is 354 355 356 357 IACHR, Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay, Washington DC, October 3, 2013. Submission of the Government of the United States to the Inter-American Commission on Human Rights with respect to the Draft Report on the Closure of Guantanamo, OEA/Ser.L/V.II.Doc. 30 January 2015, March 30, 2015, p. 10. U.S. Department of Defense, Release No. NR-017-14, Completion of First Guantanamo Periodic Review Board, January 9, 2014. Available at: http://www.defense.gov/releases/release.aspx?releaseid=16473 IACHR, UN Working Group on Arbitrary Detention, UN Rapporteur on Torture, UN Rapporteur on Human Rights and Counter-Terrorism, and UN Rapporteur on Health Reiterate Need to End the Indefinite Detention of Individuals at Guantánamo Naval Base in Light of Current Human Rights Crisis, Press Release No. 29/13, May 1, 2013. Organization of American States | OAS