18 | Towards the Closure of Guantanamo 11. 12. 13. 14. Chapter 3 begins by focusing on the legal status of prisoners and on how human rights law and international humanitarian law should be applied to afford individuals the most favorable standards of protection available under applicable law. The report further elaborates on the requirements that must be met in order to ensure that detention that takes place in the context of an armed conflict is not unjust and does not become arbitrary. This chapter also addresses the major issues surrounding the detainees’ right to personal integrity, in particular the authorized use of torture in interrogations during the early years of the Guantanamo detention facility, and the role and responsibility of health professionals who participated or condoned those acts. The IACHR also looks at how the U.S. Government has dealt with the hunger strikes, which have become the main form of protest at Guantanamo. Access to justice for Guantanamo detainees has been one of the main concerns of the IACHR. Chapter 4 starts by assessing some of the challenges brought before courts regarding issues left unresolved in Boumediene v. Bush, such as the legality of detention and evidentiary issues. It moves next to examine how the proceedings before military commissions at Guantanamo have evolved over time and, in particular, the reform introduced by the Military Commissions Act (MCA) of 2009. Special attention is given to significant improvements included in the 2009 MCA, as well as to several structural defects and practical limitations in the implementation of the military commissions. The IACHR also expresses some concerns regarding the rights to equal protection before the law and non-discrimination. This chapter also addresses the right to legal representation and the important challenges that Guantanamo detainees still face when trying to exercise their right to defense. Further, in assessing the right to periodic review of detention, the IACHR turns to the Periodic Review Board process established in 2011 and analyzes whether it meets international human rights and humanitarian law standards. This chapter also explains the IACHR’s concerns regarding the lack of judicial review of claims relating to conditions of confinement at Guantanamo. The Inter-American Commission has repeatedly called for the immediate closure of the detention center at Guantanamo Bay. Although there is national and international consensus on the need to close the facility, there appears to be no clear exit strategy. Chapter 5 looks at the steps taken by the Executive in recent years to accomplish its goal of closing Guantanamo, and makes an assessment of the current situation of the three categories of prisoners currently held: detainees cleared for transfer; detainees facing criminal charges before military commissions; and detainees designated for continued detention (or who had been charged but are currently not considered for prosecution). The IACHR reviews the challenges to detainees’ transfers, particularly the restrictions imposed by Congress, and the need to explore all potential avenues in order to accelerate the transfers. Any avenue, however, should respect the principle of non-refoulement, an aspect that is developed in this chapter. The IACHR also considers the situation of detainees from Yemen, which, if resolved, could be the key to the closure of Guantanamo. Finally, the Inter-American Commission’s report concludes with a series of specific recommendations that are intended to guide the United States in closing the detention facility at Guantanamo in full compliance with its international human rights obligations. Organization of American States | OAS