whole or in part, de jure or de facto effective control”.379 Such areas include detention
facilities and military bases under US control in places such as Afghanistan, Iraq, and
Guantánamo Bay, as well as secret detention facilities operated by the CIA on foreign soil.
Additionally, the United States’ recent acknowledgment that the prohibition of torture and
ill-treatment cannot be derogated from even in times of, and in the context of, an armed
conflict is welcome.380 ODIHR further urges the United States to clearly acknowledge that
the prohibition applies to all areas over which it exercises “effective control” including,
where applicable, detention facilities and military bases outside its sovereign territory.
DETENTION AND INTERROGATION PRACTICES IN THE CIA RDI PROGRAMME
214. Reports indicate that, during their apprehension, detainees held as part of the CIA RDI
programme were stripped naked, photographed, subjected to body-cavity searches and
forced to wear diapers. Prior to their transfer to a CIA detention facility or the custody of a
foreign government, detainees were also handcuffed and/or shackled and had their eyes
and ears covered.381 Prior to their transfer to Guantánamo, “high-value detainees” were
flown to multiple locations, estimated to be between three and ten.382 Their secret detention
lasted from 16 months to almost four and a half years.383
215. Individuals detained by the CIA were kept incommunicado, in solitary confinement, and
subjected to “varying degrees” of interrogation techniques approved by the Bush
administration, individually or in combination.384 Some detainees were also subjected to
379
UN CAT, General Comment No. 2, op. cit., note 76, para. 16; UN CAT, Concluding observations on the combined third to
fifth periodic reports of the United States of America, op. cit., note 107, para. 10. See, also, UN HRC, General Comment No. 31,
op. cit., note 36, para. 10.
380
UN CAT, Third to fifth periodic reports of States parties due in 2011, United States of America, op. cit., note 162, para. 14;
“Opening Statement, Mary E. McLeod, Acting Legal Adviser, U.S. Department of State, Committee Against Torture, November
12-13, 2014 – Geneva”, op. cit., note 361, pp. 3-4 ; “UN Treaty Body Webcast, CAT 53rd session – United States of America,
3”, op. cit., note 77.
381
ICRC Report, op. cit., note 182, p. 6; CIA - “Extraordinary Rendition” Flights, Torture and Accountability, op. cit., note 180,
p. 38. See, also, “Background Paper on CIA’s Combined Use of Interrogation Techniques”, Central Intelligence Agency, 30
December 2004, pp. 2-3, <https://www.aclu.org/sites/default/files/torturefoia/released/082409/olcremand/2004olc97.pdf>. This is
consistent with the findings of the ECtHR, which took note of the standard procedures applied to “high-value detainees” as
regards transfers between secret detention facilities, and subsequently found it established beyond reasonable doubt that for the
purpose of his transfers in December 2002 and June 2003, Al-Nashiri was “photographed both clothed and naked prior to and
again after the transfer; (…) underwent a rectal examination and was made to wear a diaper (…); 3) earphones were placed over
his ears, through which loud music was sometimes played; 4) he was blindfolded with at least a cloth tied around the head and
black goggles; 5) he was shackled by his hands and feet, (…); 7) during the journey he was not allowed to go to the toilet and, if
necessary, was obliged to urinate or defecate into the diaper. (…) [A] strikingly similar account of his transfers in CIA custody
was given by the applicant in El-Masri”. The Court also stressed that “CIA documents give a precise description of the treatment
to which High Value Detainees were being subjected in custody as a matter of precisely applied and predictable routine, starting
from their capture through rendition and reception at the black site, to their interrogations”. See ECtHR, Al Nashiri v. Poland, op.
cit., note 172, paras. 409, 437, 512.
382
ICRC Report, ibid., p. 6; ECtHR, Al Nashiri v. Poland, ibid., para. 398.
383
This takes into account the time spent in secret detention by the first 14 “high-value detainees” transferred to Guantánamo in
September 2006. ICRC Report, ibid., pp. 3, 7. See, also, ECtHR, Al Nashiri v. Poland, ibid., paras. 397, 401; George W. Bush,
“President Discusses the Creation of Military Commissions”, op. cit., note 178; Senate Study on the CIA RDI Programme,
Executive Summary, op. cit., note 171, pp. 458-461.
384
ICRC Report, ibid., pp. 7-9; ECtHR, Al Nashiri v. Poland, ibid, paras. 398, 401, 416-417; ECtHR, Husayn (Abu Zubaydah) v.
Poland, op. cit., note 172, paras. 418-419, 508; Bradbury, “Memorandum: ‘Application of United States Obligations Under
Article 16 of the Convention Against Torture to Certain Techniques That May Be Used in the Interrogation of High Value al
Qaeda Detainees’”, op. cit., note 369, p. 5: “To date, the CIA (…) has employed enhanced techniques to varying degrees in the
interrogations of 28 of these detainees”. See, also, Senate Study on the CIA RDI Programme, Executive Summary, op. cit., note
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