28 | Towards the Closure of Guantanamo
In view of these circumstances, on July 30, 2013, the Inter-American Commission
lifted the precautionary measures granted on behalf of Omar Khadr, in accordance
with Article 25(6) of the Rules of Procedure in force at the time. 21
Precautionary Measure 211/08 – Djamel Ameziane, United States
34.
35.
On August 20, 2008, the IACHR granted precautionary measures on behalf of Djamel
Ameziane. 22 The request alleged that Ameziane was detained by United States
agents in Kandahar, Afghanistan, in January 2001 and taken to Guantanamo, where
he was subjected to torture. According to the information provided at that time,
Ameziane was in danger of being deported to his native country, Algeria, where he
could be subjected to cruel, inhumane and degrading treatment. The Commission
requested the United States to immediately take the measures necessary to ensure
that Ameziane would not be subject to torture or to cruel, inhumane or degrading
treatment while in its custody and to make certain that he would not be deported to
any country where he might be subjected to torture or other mistreatment.
Djamel Ameziane was transferred from Guantanamo to Algeria on December 5,
2013, and reportedly imprisoned in secret by the Algerian authorities from the time
he arrived in the country until December 16, 2013. According to the information
provided to the IACHR by Djamel Ameziane's representatives, he was awaiting a
reply from the government of Canada to his request to resettle in that country. They
also indicated that in 2010 Luxembourg had offered to receive him, and that more
recently other countries had also extended offers for Djamel Ameziane to settle in
their respective territories. The Inter-American Commission issued a press release
condemning the forced transfer of Djamel Ameziane from Guantanamo to Algeria, in
violation of the principle of non-refoulement, which prohibits transfers and
deportations of individuals to countries where they may run the risk of being
tortured. 23
Precautionary Measure 46/15 – Moath al-Alwi, United States
36.
On March 31, 2015, the IACHR adopted Resolution 10/2015 in which it requested
the Governent of the United States to adopt precautionary measures on behalf of
Moath al-Alwi. 24 The request alleged that the beneficiary, a 35 year-old Yemeni, has
suffered from threats and acts of violence against his life and personal integrity
since his detention in Guantanamo more than 12 years ago. The information
submitted by the applicants suggests that the beneficiary is detained in severe
21
Article 25(6) of the IACHR’s Rules of Procedure approved in 2009 and modified on September 2, 2011:
“Precautionary Measures: […] The Commission shall evaluate periodically whether it is pertinent to maintain
any precautionary measures granted.”
IACHR, Precautionary Measure 211/08 – Djamel Ameziane, United States, August 20, 2008. Available at:
http://www.oas.org/en/iachr/pdl/decisions/GuantanamoMC.asp#MC21108
Press Release 103/13: IACHR Condemns Forced Transfer of Djamel Ameziane from Guantanamo to Algeria,
December 19, 2013. Available at: http://www.oas.org/en/iachr/media_center/PReleases/2013/103.asp
IACHR, Resolution 10/2015, Precautionary Measure No. 46-15, Matter of Moath al-Alwi regarding the United
States of America, March 31, 2015.
22
23
24
Organization of American States | OAS
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