Executive Summary | 11
10.
11.
Concerning access to justice, the IACHR requests the United States to try detainees
facing prosecution before military commissions in federal courts; ensure detainees’
access to a proper judicial review of the legality of their detention; provide
detainees and their counsel with all evidence used to justify the detention; and
guarantee that attorney-client privilege is respected. The Commission also asks that
Courts hearing such cases undertake a rigorous examination of the Government’s
evidence to ensure that any detention in this context is based on clear and
convincing evidence.
Finally, the Inter-American Commission reiterates its call for the closure of
Guantanamo. In order to fulfill this goal, the Commission recommends repealing
the National Defense Authorization Act (NDAA) provisions that prohibit the transfer
of Guantanamo detainees to the United States for prosecution, incarceration, and
medical treatment; expediting the Periodic Review Board process; and accelerating
detainees’ transfers to their countries of origin or third countries in accordance with
the principle of non-refoulement. The Commission further calls upon the United
States Government to review the situation of the Yemeni detainees on an individual
case-by-case basis; transfer detainees facing prosecution to the United States to be
tried in federal courts; and transfer convicted detainees to federal prisons to serve
the remainder of their sentences.
Inter-American Commission on Human Rights | IACHR
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