American Commission on Human Rights (IACHR) reported that this indefinite detention led to cardiovascular problems, asthma, diabetes, suicide attempts, self-wounding and hunger strikes.230 Furthermore, physicians explained that indefinite detention exacerbates physical and mental symptoms and prevents opportunities for healing. They said that when taken together with past treatment and conditions of detention, indefinite detention constitutes ill-treatment.231 168. Moreover, ODIHR is concerned by the situation of the Yemeni detainees who have been designated for transfer or release for years232 but whose repatriation has been restricted based on their nationality and the political situation in their country.233 Such restrictions may constitute a violation of the principle of non-discrimination.234 JUDICIAL REVIEW OF LAWFULNESS OF DETENTION 169. US representatives informed ODIHR that the detention of individuals held in Guantánamo has been reviewed on multiple occasions. These are said to have included reviews on the day of the detainees’ apprehension, in Guantánamo, in numerous subsequent administrative reviews and in federal courts.235 In addition to habeas corpus proceedings, the United States has created CSRTs, the Administrative Review Board (ARB) and the PRB to review detainees’ cases. 170. CSRTs and the ARB, which were both established in 2004, were administrative mechanisms designed to review each detainee’s detention. CSRTs consisted of three military officers and determined whether detainees were enemy combatants.236 The CSRTs held 581 reviews and concluded that all but 39 detainees were enemy combatants.237 In or degrading treatment or punishment or torture. The hopelessness is so profound that it can have severe psychological effects on an individual detainee. 230 “Annex to the Press Release Issued at the Close of the 147th Session”, Organization of American States website, 5 April 2013, <http://www.oas.org/en/iachr/media_center/PReleases/2013/023A.asp>. 231 Stephen Xenakis described the practice of indefinite detention as one that evokes considerable despair. He added that more than one Guantánamo detainee has said their religion prohibits suicide, so they say they are not suicidal. He explained that prisoners in the United States know the duration of their sentence, which helps them adjust to the situation. On the contrary, the open ended part of indefinite detention has undoubtedly had adverse effects on detainees at Guantánamo. ODIHR interview with Brigadier General Stephen Xenakis, 31 March 2014. See, also, ODIHR interview with Scott Allen, 19 March 2014; Punishment Before Justice: Indefinite Detention in the US (Cambridge: Physicians for Human Rights, 2011), p. 41, <https://s3.amazonaws.com/PHR_Reports/indefinite-detention-june2011.pdf >. 232 “[M]ost of the 79 detainees who are currently designated for transfer had already been cleared for transfer five years ago”. UN CAT, Concluding observations on the combined third to fifth periodic reports of the United States of America, op. cit., note 107, para. 16. 233 For more information on the situation of Yemeni detainees and obstacles to their transfer, see Part 3-I-A of this report. 234 See, also, “IACHR, UN Working Group on arbitrary detention, UN Rapporteur on torture, UN Rapporteur on human rights and counter-terrorism, and UN Rapporteur on health reiterate need to end the indefinite detention of individuals at Guantánamo Naval Base in light of current human rights crisis”, OHCHR website, op. cit., note 107. 235 ODIHR meeting with the Department of Defense Office of the General Counsel and Office of Detainee Policy, op. cit., note 194. 236 Wolfowitz, “Memorandum: Order Establishing Combatant Status Review Tribunal”, op. cit., note 49; Hafetz, “Calling the Government to Account”, op. cit., note 159, pp. 7-8; UN Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Report to the Commission on Human Rights, E/CN.4/2005/60, 20 January 2005, para. 23, <http://www.ohchr.org/EN/Issues/Judiciary/Pages/Annual.aspx>. 237 “Combatant Status Review Tribunal Summary”, United States Department of Defense website, 10 February 2009, <http://www.defense.gov/news/csrtsummary.pdf>. Five hundred thirty-nine detainees were found to be enemy combatants, and three tribunals were suspended. 69