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include a medical assessment as to the probable relationship between the physical or
psychological injury or symptom and the possible torture or ill-treatment;
Pending the closure of the Guantánamo Bay detention facility, to allow for the transfer of
detainees to US territory if necessary medical resources or equipment cannot reasonably be
made available at the Guantánamo Naval Base;
To allow detainees immediate access to independent medical and psychological
professionals with specific relevant expertise, and increase their involvement in the care of
detainees.
ON THE PROSECUTION OF GUANTÁNAMO DETAINEES
On the forum for their prosecution
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To disestablish the Guantánamo military commissions;
To ensure that Guantánamo detainees suspected of a criminal offence are prosecuted
before ordinary civilian courts which are established and operate in accordance with
international fair trial standards.
On the respect of fair trial standards
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To immediately vacate all convictions (whether by guilty verdicts following a trial by a
military commission or the result of a plea agreement) for providing material support for
terrorism, solicitation, and inchoate conspiracy;
To ensure that all other past convictions before the military commissions (whether by
guilty verdicts following a trial by military commission or the result of a plea agreement)
are vacated in respect of other offences that did not exist at the time of the alleged conduct;
Regardless of the status of Guantánamo detainees under international law, to ensure that
those suspected of a criminal offence are prosecuted before an ordinary court in
proceedings that guarantee full respect of the principles of equality before the law and
courts, equal protection of the law and non-discrimination;
Regardless of the status of Guantánamo detainees under international law, to ensure that
those suspected of a criminal offence are prosecuted before ordinary courts providing
sufficient guarantees of independence, impartiality and publicity;
To ensure that restrictions to the publicity of any criminal proceeding against Guantánamo
detainees are decided on a case-by-case basis and remain proportionate to the need to
protect national security or public order;
To ensure that any proceedings against Guantánamo detainees meet international standards
on the presumption of innocence, including regarding the length of pre-trial detention
which should not be indicative of guilt;
To take effective steps to ensure that all public officials refrain from making any
statements that prejudge or otherwise prejudice the outcome of any trials of Guantánamo
detainees;
To provide an effective remedy where a defendant’s right to be presumed innocent has
been violated;
To ensure that any proceedings against Guantánamo detainees meet international fair trial
standards on the right to be tried without undue delay;
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