Chapter 2 Evolution of the IACHR initiatives on Guantanamo | 31
45.
46.
Commission considered that, under these circumstances, the detention of these
individuals constituted a violation of their fundamental rights.
The IACHR further reiterated its profound concern with respect to the detention of
children at Guantanamo Bay and the transfers of detainees that do not respect the
non-refoulement principle. The Commission also reminded the United States that, in
situations of armed conflict, both international human rights law and international
humanitarian law apply, and that it is required to conduct independent, impartial
investigations into alleged acts of torture by virtue of its international obligations.
The Commission concluded by urging the United States to:
[…] close the Guantanamo Bay facility without delay and arrange for the trial
or release of the detainees. These trials must be conducted expeditiously,
while respecting the defendants’ rights to due process and to all of the judicial
guarantees. The Commission further urges the United States to reveal the
identities of those detainees who have been cleared for transfer and to ensure
that they and all similarly-situated detainees are afforded an adequate,
individualized examination of the factual basis for their transfer to a particular
country before an independent and impartial decision-making.
D.
Public hearings
47.
In the framework of the ordinary periods of sessions held in March and October
each year, the Inter-American Commission conducts public hearings at its
headquarters in Washington D.C. These hearings are one of the main mechanisms
used by the IACHR to monitor the current human rights situation in the Americas
and offer an opportunity for victims, civil society and States to have a meaningful
exchange on critical issues.
48.
As part of its ongoing efforts to monitor the human rights situation at Guantanamo
Bay, the Commission conducted eleven hearings between 2002 and March 2015 to
address various aspects of the human rights situation of the detainees. Six of those
hearings were convened to follow up on the precautionary measures issued on
behalf of the persons detained in Guantanamo (PM 259-02). 28 One of these six
hearings also followed up on the precautionary measure issued by the IACHR on
behalf of Djamel Ameziane (PM 211/08). 29
28
IACHR’s hearings on Precautionary Measure 259/02 in favor of detainees being held by the United States in
Guantanamo Bay: 116 Period of Sessions, October 16, 2002; 118 Period of Sessions, October 20, 2003; 122
Period of Sessions, March 3, 2005; 123 Period of Sessions, October 20, 2005; 128 Period of Sessions, July 20,
2007;
133
Period
of
Sessions,
October
28,
2008.
Available
at:
http://www.oas.org/en/iachr/pdl/decisions/Guantanamo.asp#Audiencias
IACHR’s hearing, Precautionary Measure 259/02 in favor of detainees being held by the United States in
Guantanamo Bay, and PM 211/08, Djamel Ameziane, 133 Period of Sessions, October 28, 2008. Available at:
http://www.oas.org/en/iachr/pdl/decisions/Guantanamo.asp#Audiencias
29
Inter-American Commission on Human Rights | IACHR
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