INTRODUCTION BACKGROUND TO THE REPORT 94. The 57 participating States of the Organization for Security and Co-operation in Europe (OSCE) have committed themselves to a comprehensive catalogue of human rights and democracy norms. These form the basis of the human dimension, that part of the OSCE’s comprehensive approach to security, which regards security as being anchored in respect for human rights and fundamental freedoms, democracy and the rule of law and relates the maintenance of peace to the protection of human rights and fundamental freedoms. OSCE human dimension commitments1 are reflective of universal human rights norms and concepts as enshrined in international human rights treaties and declarations and express the OSCE participating States’ political promise to comply with these standards.2 95. The OSCE Office for Democratic Institutions and Human Rights (ODIHR), the principal OSCE institution in the human dimension, is tasked with both monitoring the implementation of human dimension commitments and assisting the OSCE participating States in meeting such commitments.3 In particular, ODIHR has been mandated to support the OSCE participating States in developing and implementing human rights-compliant measures to prevent and counter terrorism.4 96. ODIHR has followed closely the situation of detainees at the Guantánamo Bay detention facility and engaged in dialogue with US authorities.5 Subsequent co-operation between the US authorities and ODIHR on this matter led to an ODIHR visit to the United States and to the Naval Base at Guantánamo Bay from 29 July to 9 August 2013 to assess the feasibility of a potential trial monitoring exercise. Following the completion of the needs assessment mission, ODIHR concluded that a trial monitoring exercise was not feasible at the time, and proposed to carry out a comprehensive human rights assessment of the situation of detainees at Guantánamo instead. The present report is the outcome of this assessment. 1 A compilation of key relevant OSCE human dimension commitments is provided in Annex 1. “Background Paper on Preventing and Combating Terrorism: The Human Dimension”, OSCE/ODIHR, 29 June - 1 July 2011, p. 2, <http://www.osce.org/odihr/80473>. 3 OSCE Conference on Security and Co-operation in Europe, “The Challenges of Change”, Helsinki, 9-10 July 1992, Section VI, <http://www.osce.org/mc/39530?download=true>; OSCE Conference on Security and Co-operation in Europe, Decision No. VIII, “The Human Dimension”, Budapest, 5-6 December 1994, (hereinafter, “OSCE Budapest Document”), <http://www.osce.org/mc/39554?download=true>; OSCE Document of the Eleventh Meeting of the OSCE Ministerial Council, Maastricht, 2 December 2003, <http://www.osce.org/mc/40533?download=true>. 4 OSCE Ministerial Council, Annex to Ministerial Council Decision No. 1, “The Bucharest Plan of Action for Combating Terrorism”, Bucharest, 3-4 December 2001, <http://www.osce.org/mc/40515>; OSCE Ministerial Council, “OSCE Charter on Preventing and Combating Terrorism”, Porto, 7 December 2002, <http://www.osce.org/odihr/16609>; OSCE Permanent Council, Decision No. 1063, “OSCE Consolidated Framework for the Fight against Terrorism”, Dublin, 7 December 2012, para. 23, <http://www.osce.org/pc/98008>. 5 See, for instance, “OSCE human rights chief again urges United States to close Guantanamo Detention Facility”, OSCE website, 10 January 2014, <http://www.osce.org/odihr/110266>; “OSCE human rights chief dismayed at continued practice of detention without trial at Guantánamo”, OSCE website, 10 January 2012, <http://www.osce.org/odihr/86927>. 2 33