CCPR/C/115/D/2005/2010 Navy investigation into the allegations, which found that there was insufficient evidence to substantiate them. This is not sufficient to discharge the obligation of Australia. United States Navy investigators were part of the same military apparatus that detained, interrogated, prosecuted and convicted the author. Their investigation failed to account for the injuries that the author sustained, which did not exist prior to his detention. Claims under articles 7, 9 and 10 regarding the participation of Australia in the detention, interrogation and treatment of the author at Guantanamo Bay 39. Australian officials interviewed the author while he was in United States custody, in circumstances where those officials knew of or should reasonably have been aware of serious violations of his rights.8 He complained directly to Australian officials of his illtreatment and his father and lawyers frequently spoke publicly about his situation at Guantanamo Bay. By interviewing the author in the custody of the United States to gather intelligence, Australia recognized the author’s unlawful treatment by the United States and thereby encouraged and supported it. Subsequently, Australia made use of the intelligence gathered in those interviews in the control order proceedings against him in the Australian courts. Claims under articles 2, 7, 14, 17 and 19 in connection with the plea agreement 40. The author signed a pretrial plea agreement, which was approved by the Military Commission on 26 March 2007. Thereby, the author purportedly agreed not to challenge his conviction, which constitutes a violation of article 14 and of the right to an effective remedy, under article 2 of the Covenant. 9 It also required the author to: (a) fully cooperate with Australian law enforcement and intelligence authorities and any further judicial proceedings; (b) assign to the Government of Australia any proceeds of his alleged crime, which constitutes a violation of the author’s right to freedom of expression, under article 19 of the Covenant; (c) not speak publicly about his conduct, capture or detention for a period of one year, thus in violation of the author’s right to freedom of expression under article 19 of the Covenant; (d) agree that he was not tortured or illegally treated and to surrender any such claims, which constitutes a denial of the author’s right to a remedy for acts of torture or ill-treatment, contrary to articles 2 and 7 of the Covenant; (e) agree that he was an “alien unlawful enemy combatant” who was lawfully dealt with under the law of war – this is contrary to the author’s right under article 5 of the Third Geneva Convention to have his prisoner of war status assessed by a competent tribunal; and (f) face possible consequences under Australian law for non-compliance, by stipulating that any failure to fully cooperate with Australian or United States authorities may delay his release from confinement or custody under applicable provisions of Australian law. That constitutes a violation of the author’s right to privacy under article 17 of the Covenant. 41. The agreement deems lawful the author’s entire period of detention by the United States and thus constitutes a denial of his right to seek effective remedies under article 2 of the Covenant. It also stipulates that if the agreement becomes null and void for any reason 8 9 20 A list of the interviews is contained on file. Paragraph 4 of the agreement reads as follows: “I voluntarily and expressly waive all rights to appeal or collaterally attack my conviction, sentence, or any other matter relating to this prosecution whether such a right to appeal or collateral attack arises under the Military Commissions Act of 2006, or any other provision of United States or Australian law. In addition, I voluntarily and expressly agree not to make, participate in, or support any claim, and not to undertake, participate in, or support any litigation, in any forum against the United States or any of its officials, whether uniformed or civilian, in their personal or official capacities with regard to my capture, treatment, detention or prosecution.”