attribution to them of the information they provided. Direct references to specific
information collected during ODIHR interviews with various interlocutors will be made
throughout the report, where applicable.
101. As per established practice, the draft of the report was shared with the US government for
comments, prior to its publication. The US government submitted its comments to ODIHR
on 6 August 2015. ODIHR has analysed US observations while retaining final editorial
control over the scope and content of the report.
SCOPE AND STRUCTURE OF THE REPORT
102. The report looks into the compliance of the detention, conditions of confinement and
treatment of detainees at Guantánamo with international human rights standards, as well as
the compliance with international fair trial standards of the proceedings before the military
commissions. It also explores issues related to the closure of the Guantánamo Bay
detention facility, accountability for alleged human rights violations both at Guantánamo
and in the Central Intelligence Agency (CIA) Rendition, Detention and Interrogation (RDI)
programme, as well as the right to redress in cases of arbitrary detention, torture and/or illtreatment. In relation to the CIA RDI programme specifically, the report focuses primarily
on the situation of detainees who were subsequently transferred to military custody in
Guantánamo. The report includes recent developments on these issues up until 31 August
2015.
103. The report is structured in three main parts. The first two parts take stock of the situation
with a particular focus on detention at Guantánamo and related rights, as well as
proceedings before the military commissions, whereas the third part explores the
challenges related to the closure of the detention facility and analyses states’ obligations to
guarantee accountability for human rights violations in the Guantánamo context. While the
report is primarily focused on Guantánamo and the human rights obligations of the United
States in that respect, it also touches upon the human rights obligations of other OSCE
participating States when looking at cases of complicity in violations that occurred in the
framework of the CIA RDI programme.
APPLICABLE INTERNATIONAL STANDARDS
104. In its analysis, findings and recommendations, this report relies on relevant OSCE
commitments, international human rights law and standards and, as applicable,
international humanitarian law. Each part of the report will point to the relevant standards
under international law and will analyse the compliance of the situation at Guantánamo
with these standards. The implementation of the relevant OSCE commitments in that
context will also be assessed throughout the report. The report will focus primarily on the
international treaties that have either been signed8 or ratified by the United States, as well
8
Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, Art. 18,
<https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-I-18232-English.pdf>: “A State is obliged to
refrain from acts which would defeat the object and purpose of a treaty when: (a) it has signed the treaty or has exchanged
instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to
become a party to the treaty”. “Vienna Convention on the Law of Treaties”, United States Department of State website,
35
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