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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