122 | Towards the Closure of Guantanamo 299. On December 5, 2013, Djamel Ameziane and Belkacem Bensayah, Algerian nationals who also feared persecution in Algeria, were forcibly transferred to their home country. Ian Moss, a spokesperson for Clifford Sloan, the State Department’s Special Envoy for Guantanamo’s closure, is cited as defending the government’s decision saying the detainees’ fears of persecution were unsubstantiated. Mr. Moss was also quoted as stating that resettlement in another country was not a “viable” option and that the United States was “satisfied that the Algerian government would continue to abide by lawful procedures and uphold its obligations under domestic and international law in managing the return of former Guantánamo detainees.” 365 According to Ameziane's representatives, however, he was awaiting a reply from the government of Canada to his request to resettle in that country. In 2010 Luxembourg had allegedly offered to receive him, and other countries had extended offers for Djamel Ameziane to settle in their respective territories. The IACHR issued a press release expressing concern at this action absent due consideration of the principle of non-refoulement. 366 Once transferred to Algeria, Mr. Ameziane was reportedly held in secret detention until December 16, 2013. 300. In the case known as “Kiyemba II,” ten Guantanamo detainees filed habeas corpus petitions challenging their transfer based on the fear of torture in their home country. In April 2009, the DC Circuit Court reversed a ruling of the District Court requiring the government to give a detainee’s counsel 30 days’ advance notice of the detainee’s transfer from Guantanamo. The court of appeals held that the judiciary may not review executive branch decisions regarding when or where to transfer detainees. By holding this notice requirement invalid, the court of appeals held that a detainee has no right to challenge his transfer based on his fear of torture or persecution and took away almost all of the authority of District judges to supervise when and where detainees are moved out of Guantanamo. 367 In March 2010, the Supreme Court denied certiorari to review the case. Subsequent attempts to reverse that ruling have been unsuccessful. 301. Forced transfers of Guantanamo detainees who present claims of fear of persecution or of being subjected to torture or other cruel, inhuman or degrading treatment or punishment, are a breach of precautionary measure 259/02 and also a violation of the United Nations Convention Against Torture, ratified by the United States in 1994. The detention facility at Guantanamo Bay must be immediately 365 366 367 The New York Times, Two Guantanamo Detainees Are Involuntarily Repatriated to Algeria, December 5, 2013. Available at: http://www.nytimes.com/2013/12/06/us/politics/two-guantanamo-detainees-are-involuntarilyrepatriated-to-algeria.html IACHR Condemns Forced Transfer of Djamel Ameziane from Guantanamo to Algeria, Press Release No. 103/13, December 19, 2013. See in this regard, American Constitution Society blog, “Kiyemba II – Cruel and Unusual Punishment Determined Constitutional,” March 24, 2010. Available at: http://www.acslaw.org/acsblog/node/15653; SCOTUSblog, New challenge to Kiyemba II by Lyle Denniston, Augut 24, 2010. Available at: http://www.scotusblog.com/2010/08/new-challenge-to-kiyemba-ii/; and Lawfare, Another Cert Petition to Get Munaf and Kiyemba II Before the Justices, September 23, 2011. Available at: http://www.lawfareblog.com/2011/09/another-cert-petition-to-get-munaf-and-kiyemba-ii-before-thejustices/ Organization of American States | OAS