ON ACCOUNTABILITY FOR TORTURE AND/OR ILL-TREATMENT • • • • • • • • • • To review and amend domestic legislation to ensure full compliance and consistency with the CAT and other relevant international standards and OSCE commitments. In particular, penalties for acts amounting to torture and ill-treatment, as defined under international law, should be amended to ensure that they reflect the gravity of the crime and deter future acts of torture and ill-treatment; To review and amend domestic legislation, including Section 1004 of the Detainee Treatment Act (DTA), in order to remove all grants of immunity for acts of torture or illtreatment; To review and amend domestic legislation in order to remove all statutes of limitation for acts of torture and ill-treatment; To ensure that independent, impartial, thorough and effective investigations into all allegations of torture and ill-treatment are promptly carried out; To ensure that, wherever possible, perpetrators of torture are prosecuted under the Torture Convention Implementation Act rather than other legislation in which acts of torture or illtreatment are defined as less grave offences; To prosecute superior officials for their approval and authorization of interrogation techniques amounting to torture and ill-treatment. This includes any official who perpetrated, ordered, condoned, tolerated or failed to intervene despite knowing that acts of torture were being committed; To reopen investigations, with a view to prosecuting alleged perpetrators, into the CIA RDI programme following the release of the executive summary, findings and conclusions of the Senate Select Committee on Intelligence’s Study on the programme; To regularly inform the public of the steps taken to investigate and prosecute all cases of abuse in Guantánamo and in the CIA RDI programme; To set up a public inquiry into the allegations of abuse at the Guantánamo Bay detention facility for the purpose of investigating, documenting the abuses committed and to issue a public report of the findings of that inquiry; Pending the closure of the Guantánamo Bay detention facility, to establish an independent oversight mechanism to receive complaints and review all allegations of torture and illtreatment at Guantánamo. ON REDRESS FOR VICTIMS OF ARBITRARY DETENTION, TORTURE AND/OR ILL-TREATMENT • • 30 To ensure that former and current detainees, including those previously detained in secret detention, have access to full redress, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition for violations of the freedom from arbitrary detention and the prohibition of torture and ill-treatment; To amend domestic legislation so as to repeal or amend Section 2241(e)(2) so that detainees can access US courts to seek redress; to repeal or amend Section 2000dd-1 of Title 42 so that there can be no justification for acts of torture; to repeal or amend legislative provisions imposing statutes of limitations and immunity for gross human rights violations; and to enact legislation to expressly provide detainees with an opportunity to seek redress in federal courts or through other mechanisms for violations of human rights and fundamental freedoms;