Chapter 2 Evolution of the IACHR initiatives on Guantanamo | 33
54.
F.
55.
56.
of non-refoulement. As indicated above, the Inter-American Commission publicly
condemned this forced repatriation. 33
The IACHR concluded that the case is admissible regarding claims concerning the
alleged violation of Articles I, II, III, V, VI, XI, XVIII, XXV and XXVI of the American
Declaration. 34 This decision on admissibility marks the first time the InterAmerican Commission accepted jurisdiction over the case of an individual detained
in Guantanamo. In this initial stage, the IACHR ruled that the United States was
exercising its jurisdiction with respect to the detention at the U.S. airbase in
Kandahar, Afghanistan, as well as his detention in Guantanamo for more than a
decade. Although these acts have taken place outside the territory of the United
States, based on its previous jurisprudence, the IACHR concluded that
extraterritorial actions can be brought within its competence when the victim is
subject to the effective authority and control of the agents of the State denounced.
The case is pending a decision on the merits.
Requests to visit the detention facility
In fulfilling its mandate, the IACHR, through its Rapporteurship on the Rights of
Persons Deprived of Liberty, conducts working visits to jails and all other places
where persons are deprived of their liberty throughout the region. These visits
have the purpose of verifying the general situation of the prison systems and issuing
concrete recommendations to the States. In the last decade, the Rapporteurship has
visited detention facilities in 16 Member States. 35
The Inter-American Commission carries out visits to prison facilities on the
condition that it will have direct and private access to those being detained.
According to Article 57 of its Rules of Procedure, “[…] any on-site observation
agreed upon by the IACHR shall be carried out in accordance with the following
standards:
a.
The Special Commission or any of its members shall be able to interview
any persons, groups, entities or institutions freely and in private;
b.
The State shall grant the necessary guarantees to those who provide the
Special Commission with information, testimony or evidence of any kind;
[…]
33
34
35
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, Report No, 17/12, Djamel Ameziane, P-900-08, United States, March 20, 2012.
Argentina (December 2004, December 2006, April 2009 and June 2010); Bolivia (November 2006); Brazil (June
2005 and September 2006); Chile (August 2008); Colombia (November 2005); Dominican Republic (August
2006); Ecuador (May 2010); El Salvador (October 2010); Guatemala (November 2004); Haiti (June 2007);
Honduras (December 2004 and April 2012); Mexico (August 2007); Paraguay (September 2008); Suriname
(May 2011); United States (July 2009 and April 2014); and Uruguay (May 2009 and July 2011).
Inter-American Commission on Human Rights | IACHR
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