•
To provide prompt and effective redress to victims of arbitrary detention, particularly in
cases of prolonged arbitrary detention, on account of the physical and mental suffering,
stress, fear, depression, anxiety and physical symptoms suffered by them.
On the principle of non-refoulement
•
•
•
•
To ensure that no detainee is expelled, extradited or returned to a state where there are
substantial grounds for believing that the detainee will be in danger of being subjected to
torture or ill-treatment;
To ensure that detainees have access to an effective, independent, impartial and
individualized review in order to challenge government determination that they will not be
subjected to torture or ill-treatment;
To amend legislation to ensure that the definition of torture in US law complies with
Article 1 of the CAT;
To revisit the United States’ view that substantial grounds for believing that a person will
be subjected to cruel, inhuman or degrading treatment or punishment if transferred to a
state does not fall within the principle of non-refoulement.
ON THE TREATMENT IN, AND CONDITIONS OF, DETENTION OF GUANTÁNAMO DETAINEES
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Pending the closure of the Guantánamo Bay detention facility, to ensure that conditions of
detention meet international human rights standards.
On the prohibition of torture and ill-treatment
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26
To review US reservations and understandings concerning the definition of torture and
other forms of ill-treatment made upon ratification of international treaties, with a view to
promptly withdrawing them;
To clearly acknowledge that the prohibition of torture and ill-treatment provided for in the
CAT and the ICCPR applies to all areas over which the United States exercises, directly or
indirectly, in whole or in part, de jure or de facto effective control including, where
applicable, detention facilities and military bases outside its sovereign territory;
To take steps necessary to prevent the recurrence of acts of torture and ill-treatment,
including by strengthening existing prohibitions in domestic law. All elements of the
definitions of torture and ill-treatment set out in the CAT and clarified by the Committee
against Torture should be reflected in domestic law;
To ensure that the practice of extraordinary rendition of terrorist suspects to third countries
for the purpose of interrogation and detention is immediately and expressly terminated,
including on any short-term or transitory basis. Any such matters should be forbidden by
law;
To amend the provisions of the Army Field Manual on interrogation in order to clarify that
stress positions, sleep deprivation and improper use of restraints are forbidden techniques.
The Manual should, in this regard, clearly stipulate that only enumerated techniques are
allowed. Appendix M should be reviewed to ensure its compliance with the international
prohibition against torture and ill-treatment;
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