Chapter 5 Towards the Closure of Guantanamo: International Legal Obligations | 121
with regard to the Transfer or Release of Detainees
not transferred or removed and that diplomatic assurances are not used to
circumvent the State’s non-refoulement obligation.”358
297. In the framework of precautionary measure 259/02 granted on behalf of
Guantanamo detainees the IACHR requested the United States to fully respect the
non-refoulement principle. This request was reiterated in precautionary measure
211/08 granted on behalf of Djamel Ameziane, a member of Algeria’s ethnic Berber
minority, who claimed he could be subjected to cruel, inhumane and degrading
treatment if deported to his native country. Despite these requests, the United
States has forcibly transferred detainees to their home country, where there were
substantial grounds for believing that they would be in danger of being unlawfully
detained and/or subjected to torture. There are also reports about the
imprisonment of former Guantanamo detainees once repatriated to their home
countries and the fact that their legal status is not clear. 359 The United States,
however, argues that, as a matter of fundamental policy and practice, the United
States does not transfer any individual to a foreign country if it is more likely than
not that the person would be tortured. 360
298. Detainee Abdul Aziz Naji was transferred to Algeria on or about July 17, 2010, by all
reports against his will. He had reportedly stated that he would rather remain in
Guantanamo than be sent to his country of origin, where he feared persecution and
torture by the Algerian government or fundamentalist groups. 361 On his arrival in
Algeria, his whereabouts were reported as unknown; neither his relatives nor his
lawyers have apparently had contact with him. 362 After 20 days in prison he was
released but kept under constant surveillance. Press reports indicate that on
January 16, 2012, after a one-hour trial, Mr. Naji was sentenced to three years in
prison based on unsubstantiated accusations the United States made against him in
2002; no new evidence was supposedly presented. 363 Mr. Naji reportedly came very
close to death while in prison and had no contact with his counsel after the
transfer. 364
358
359
360
361
362
363
364
IACHR, Resolution No. 2/06, On Guantanamo Bay Precautionary Measures, July 28, 2006.
See
in
this
regard,
interview
with
Lakhdar
Boumediene.
Available
at:
http://www.nogitmos.org/exguant%C3%A1namoprisonerlakhdarboumedienetalksaboutrebuildinghislifefranc
e
Submission of the Government of the United States to the Inter-American Commission on Human Rights with
respect to the Draft Report on the Closure of Guantanamo, OEA/Ser.L/V.II.Doc. 30 January 2015, March 30,
2015, p. 10.
The
New
York
Times,
Fear
for
Freedom,
July
24,
2010.
Available
at:
http://www.nytimes.com/2010/07/25/opinion/25sun1.html
IACHR deplores forced transfer of Guantanamo detainee, Press Release No. 75/10, August 2, 2010.
See in this regard, Truthout, Former Guantanamo Prisoner Who Alleged US Torture, Drugging, Sentenced by
Algerian Authorities, January 31, 2012. Available at: http://www.truth-out.org/news/item/6386:formerguantánamo-prisoner-who-alleged-us-torture-drugging-sentenced-by-algerian-authorities;
and
Andy
Worthington, Algeria’s Ongoing Persecution of Former Guantanamo Prisoner Abdul Aziz Naji, September 18,
2013. Available at: http://www.andyworthington.co.uk/2013/09/18/algerias-ongoing-persecution-of-formerguantanamo-prisoner-abdul-aziz-naji/
IACHR, Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay,
Washington DC, October 3, 2013.
Inter-American Commission on Human Rights | IACHR
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