Chapter 6 Conclusions and Recommendations | 135 b. c. 7. Improve the situation of detainees so as to persuade them to cease their hunger strike; and Put an end to the force-feeding of detainees on hunger strike as long as they are able to make informed decisions. Authorize a visit by the IACHR to the detention facility without restrictions, including private interviews with the detainees, in conformity with Article 57(e) of its Rules of Procedure. Access to justice 8. 9. 10. 11. 12. Try detainees facing prosecution before military commissions in federal courts, respecting the defendants’ rights to due process and to all of the judicial guarantees. Ensure detainees’ access to a proper judicial review of the legality of their detention, reviews that must be available, adequate and effective, and provide the possibility of release. Courts must undertake a rigorous examination of the Government’s evidence to ensure that any detention in this context is based on clear and convincing evidence. A decision of the U.S. Supreme Court could shed light on whether Guantanamo detainees are being afforded a meaningful opportunity to challenge the legality of their detention. Ensure that the attorney-client privilege is respected. Provide detainees and their counsel with all evidence used to justify the detention. Closure of Guantanamo 13. Close the detention center at Guantanamo Bay. 15. Expedite the Periodic Review Board process and immediately release all detainees who are not to be charged or tried. 14. 16. 17. Repeal the National Defense Authorization Act (NDAA) provisions that prohibit the transfer of Guantanamo detainees to the United States for prosecution, incarceration, and medical treatment and ease all restrictions on transfers to third countries. Accelerate detainees’ transfers to their countries of origin, or third countries when their right to life or personal freedom is in danger, in accordance with the principle of non-refoulement, and refrain from relying on diplomatic assurances in cases of risk of persecution. Review the situation of the Yemeni detainees on an individual case-bycase basis. Inter-American Commission on Human Rights | IACHR