CONSOLIDATED RECOMMENDATIONS TO THE UNITED STATES ON THE CONTINUED AND INDEFINITE DETENTION OF GUANTÁNAMO DETAINEES On the closure of Guantánamo • • • • • • • • To promptly release the remaining detainees or prosecute them before ordinary courts, in compliance with international fair trial standards; To remove all obstacles preventing the closure of the Guantánamo Bay detention facility, and swiftly close it; To amend legislation in order to allow for the possibility of transferring detainees to the United States for any purpose, including for detention, resettlement and for trials before ordinary courts; To take all available measures to ensure that legislation which bars the possibility of transferring detainees to the United States for any purpose, including for detention, resettlement and for trials before ordinary courts, is amended and not readopted in the future; To immediately repatriate or resettle detainees designated for transfer or release; To urgently review and address all practical and policy issues relating to the transfer of Yemeni detainees, with a view to ensuring their prompt release; To charge, without delay, detainees suspected of a criminal offence and transfer them to the United States for trial by ordinary courts; To take urgent measures to increase the effectiveness and speed of the Periodic Review Board process while still providing adequate time and facilities for the preparation of the detainees’ cases. Detainees should be promptly released following a favourable decision. On the prohibition of arbitrary detention • • • • • • To promptly end the ongoing arbitrary detention of detainees; To promptly release any detainee who has not been charged with, or convicted of, a criminal offence; To promptly charge those detainees against whom there is credible and lawfully obtained evidence of criminal conduct in a court or tribunal which meets international fair trial standards; To ensure that federal courts decide on habeas corpus petitions without delay, acting as an independent fact finder in habeas corpus cases; To ensure that any detainee is immediately released following a successful habeas corpus petition without the need for further approvals, including for any internal administrative procedures; To ensure that detainees have regular access to counsel and that any obstacles to access to counsel are strictly necessary and proportionate to achieving a legitimate aim; in particular to ensure that search procedures do not have the effect of significantly disrupting the attorney-client relationship; 25