individuals, access to immediate medical care or the ongoing monitoring of the detention facilities by the ICRC. 128. Part 1-II-A focuses on issues related to Guantánamo detainees’ treatment in detention and conditions of confinement. First, it covers the law and practice of the United States in relation to the prohibition of torture and ill-treatment, and addresses the authorization and use of “enhanced interrogation techniques” and detention conditions that impinged on the basic human rights of detainees during the Bush administration. It also covers concerns that persist under the Obama administration that are related, for instance, to the use of solitary confinement, hunger strikers’ conditions of confinement, as well as the decision to force-feed detainees and the procedures used to do so. Finally, it discusses allegations of medical personnel’s involvement in detainee abuses and the complicity of other OSCE participating States in acts of torture and ill-treatment. 129. Part 1-II-B of the report then explores other human rights issues that have arisen in connection with detainees’ conditions of confinement and treatment in detention. These include, more specifically, concerns related to the respect of freedom of religion or belief and the provision of medical care to detainees. I. PROHIBITION OF ARBITRARY DETENTION a. International Standards 130. The prohibition of unlawful or arbitrary arrest and detention is enshrined in various international treaties, including Article 9 of the ICCPR.89 This prohibition is also included in OSCE commitments, such as Vienna 1989 and Moscow 1991.90 The right to be free from unlawful or arbitrary arrest and detention entails that “[n]o one shall be subjected to arbitrary arrest or detention” and that “[n]o one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law”.91 This right applies to all persons, irrespective of nationality or citizenship, and includes those who are suspected of, or who have engaged in, terrorist activity.92 89 The United States has either ratified or signed the following conventions that prohibit arbitrary arrest and detention: ICCPR, Art. 9; American Convention on Human Rights (ACHR), San Jose, 22 November 1969, Art. 7, <http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm>. Although not a treaty, the InterAmerican Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights determined that the following Declaration contains legal obligations for the Member States of the Organization of American States, including the United States: The American Declaration of the Rights and Duties of Man (ADRDM), Bogotá, 2 May 1948, Arts. I, XXV, <http://www.cidh.org/basicos/english/Basic2.American%20Declaration.htm>. The following also contain relevant provisions: Universal Declaration of Human Rights (UDHR), Paris, 10 December 1948, Art. 9, <http://www.un.org/en/documents/udhr/>; “Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment”, New York, 9 December 1988, Principles 10-18, <http://www.un.org/documents/ga/res/43/a43r173.htm>. 90 OSCE Conference on Security and Co-operation in Europe, “Questions Relating to Security in Europe: Principles”, Vienna, 1989 (hereinafter, “OSCE Vienna Document”), para. 23.1, <http://www.osce.org/mc/16262>; OSCE Copenhagen Document, op. cit., note 80, para. 5.15; OSCE, “Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE”, Moscow, 3 October 1991 (hereinafter, “OSCE Moscow Document”), para. 23.1, <http://www.osce.org/odihr/elections/14310>; OSCE Ministerial Council, Decision No. 12/05, “Upholding Human Rights and the Rule of Law in Criminal Justice Systems”, Ljubljana, 6 December 2005 (hereinafter, “OSCE Ljubljana Document”), <http://www.osce.org/mc/36575?download=true>. 91 ICCPR, Art. 9(1). 92 UN HRC, General Comment No. 35, Article 9: Liberty and security of person, CCPR/C/GC/35, 28 October 2014, para. 3, <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2fGC%2f35&Lang=en>. 50

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