Chapter 5 Towards the Closure of Guantanamo: International Legal Obligations | 113
with regard to the Transfer or Release of Detainees
TOWARDS THE CLOSURE OF GUANTANAMO:
INTERNATIONAL LEGAL OBLIGATIONS WITH
REGARD TO THE TRANSFER OR RELEASE
OF DETAINEES
272. In Resolution 2/06 issued on July 28, 2006, the Inter-American Commission on
Human Rights urged the United States to close the detention facility at Guantanamo
without delay. 327 Many U.S. Government officials, including former Secretaries of
State and Defense, a former CIA Director, as well as 50 retired generals and
admirals, members of U.S. Congress, and even President George W. Bush, who
opened the facility in 2002, have also called for Guantanamo’s closure. 328 On
January 22, 2009, President Barack Obama adopted Executive Order 13492 which
ordered the closure of the detention facility in no later than one year, 329 a decision
that was welcomed by the IACHR and the international community. 330
273. The reasons for closing the facility have been varied, from pragmatic reasons, such
as the effect on national security331 and financial costs, 332 to more principled
327
328
329
330
331
332
This request was reiterated in Resolution 2/11 adopted on July 22, 2011 and in the context of Precautionary
measure 259-02 on July 23, 2013.
CBS News, Bush Says He Wants to Close Guantanamo, May 8, 2006. Available at:
http://www.cbsnews.com/news/bush-says-he-wants-to-close-guantanamo/. See also, Human Rights First,
Guantanamo:
A
Comprehensive
Exit
Strategy,
p.
1.
Available
at:
http://www.humanrightsfirst.org/uploads/pdfs/close-GTMO-july-2013.pdf, Feinstein, McCain, McDonough
Statement
on
Guantanamo,
June
7,
2013.
Available
at:
http://www.feinstein.senate.gov/public/index.cfm/press-releases?ID=cf92f5a0-4b2a-4c86-92c158f7dc612b67; and testimony of Elisa Massimino at the Senate Judiciary Committee’s hearing on July 24,
2013, p. 6. Available at http://www.judiciary.senate.gov/imo/media/doc/7-24-13MassiminoTestimony.pdf
Executive Order of January 22, 2009, Review and disposition of individuals detained at the Guantanamo Bay
Naval Base and Closure of Detention Facilities. Available at: http://www.gpo.gov/fdsys/pkg/FR-2009-0127/pdf/E9-1893.pdf
IACHR welcomes order to close Guantanamo detention center, Press release No. 02/09, January 27, 2009.
Available at: http://www.cidh.org/Comunicados/English/2009/02-09eng.htm
In his 2013 speech at the National Defense University, President Obama stated: “Our allies won’t cooperate
with us if they think a terrorist will end up at GTMO.” Available at: http://www.whitehouse.gov/the-pressoffice/2013/05/23/remarks-president-national-defense-university
The annual cost per Guantanamo detainee is reportedly almost $1 million while it cost less than $65,000 per
year to hold a prisoner at the most secure federal prison in the United States. Source: Statement of Senator
Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, Hearing on “Closing Guantanamo: The National
Security, Fiscal, and Human Rights Implications”, July 24, 2013, p. 1.
Inter-American Commission on Human Rights | IACHR
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