Chapter 3 Conditions of Detention | 49
95.
96.
78
79
80
again, but to obtain information and gather intelligence on the Al-Qaida network.”
In this regard, the report states that “the indefinite detention of prisoners of war
and civilian internees for purposes of continued interrogation is inconsistent with
the provisions of the Geneva Conventions.” 78
The UN Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, has reiterated that “all detentions that take place away
from the field of battle should be covered by the international law of human rights -which prohibits prolonged arbitrary detention-- even if they are carried out under a
rhetorical “war on terror.””79 The Special Rapporteur finds that the U.S. practice of
holding detainees indefinitely if it is determined that they pose a significant threat
to the security of the United States is a violation of the prohibition of torture and illtreatment under Article 7 of the ICCPR and CAT Articles 1 and 16, as well as of
relevant provisions of the American Declaration, as incorporated in the Charter of
the Organization of American States. 80
Therefore, based on the above mentioned standards set by both international
human rights law and international humanitarian law, the indefinite detention of
persons still held at Guantanamo without charge after more than a decade, mainly
for the purpose of obtaining intelligence, constitutes a serious violation of their
right to personal liberty guaranteed under Article I of the American Declaration.
This persistence of prolonged and indefinite detention clearly goes beyond an
exceptional and strictly necessary measure ordered for security reasons, and is
arbitrary and unjust. Prisoners detained in the context of non-international armed
conflicts may only be held for security reasons and they cannot, therefore, be held
indefinitely for purposes of interrogation. In this regard, the Inter-American
Commission emphatically reiterates the need to adopt concrete measures to end the
indefinite detention of detainees at Guantanamo.
UN Economic and Social Council, E/CN.4/2006/120, February 27, 2006, para. 23. Available at:
http://www.refworld.org/docid/45377b0b0.html
Statement of the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Juan E. Mendez, IACHR’s Expert Meeting on the situation of detainees held at the
U.S. Naval Base at Guantanamo Bay, Washington DC, October 3, 2013, p. 4.
Statement of the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment, Juan E. Mendez, IACHR’s Expert Meeting on the situation of detainees held at the
U.S. Naval Base at Guantanamo Bay, Washington DC, October 3, 2013, p. 5.
Inter-American Commission on Human Rights | IACHR
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