134 | Towards the Closure of Guantanamo
noted in chapter 5 of this report, there is significant national and international
consensus on the need to close the detention center at Guantanamo Bay. On January
22, 2009, President Barack Obama ordered the closure of the facility within one
year. This, however, has proven to be more complex than previously thought.
Closing Guantanamo has both a legal and a political dimension. Further, it is not
only a matter of emptying a prison but rather of closing it in a responsible manner.
Transfers must be carried out in compliance with the non-refoulement principle and
trials must be conducted respecting the defendants’ rights to due process and to full
judicial guarantees. The contrary would mean shifting the problem without
resolving the underlying issue.
329. Based on its analysis in this report, the Commission has developed the following
recommendations in order to encourage and support efforts by the United States to
properly fulfill its international human rights commitments in the closure of
Guantanamo:
Conditions of detention
1.
2.
3.
4.
5.
6.
Ensure that detainees are held in accordance with international human
rights standards; and that conditions of detention are subject to
accessible and effective judicial review.
Provide detainees with adequate medical, psychiatric and psychological
care that meets their particular health needs with respect for the
principles of medical confidentiality, patient autonomy, and informed
consent to medical treatment.
Ensure that detainees’ right to freedom of conscience and of religion is
respected, in particular the right to observe communal prayer, and
provide inmates access to a Muslim Chaplain.
Declassify all evidence of torture and ill-treatment, and make public the
conditions of confinement at Camp 7.
Establish an independent monitoring body with participation of civil
society to investigate the conditions of confinement at Guantanamo Bay,
including Camp 7.
Comply with the following recommendations issued by the Committee
Against Torture with respect to Guantanamo:399
a.
399
Investigate allegations of detainee abuse, including torture and
ill-treatment, appropriately prosecute those responsible, and
ensure effective redress for victims;
CAT/C/USA/CO/3-5, December 19, 2014.
Organization of American States | OAS
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