A/HRC/7/3/Add.1 page 110 Para Country Date Type Mandate Allegations transmitted Government response Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces (NATO Status of Forces Agreement SOFA) of 19 June 1951 establishes a primary right for the U.S. military authorities to exercise jurisdiction over a member of their force or of a civilian component in relation to offences arising out of any act done in the performance of official duty. According to the Public Prosecution Office, the act in the present case - provided that it involved criminal liability - would without doubt constitute such an act done in the performance of official duty. In conclusion, the Stuttgart Public Prosecution Office was not able to establish that anyone subject to German jurisdiction was in fact involved in any criminal offence under German law and therefore no further investigations were carried out. Moreover, it stated there has been no waiver by the U.S. authorities of their primary right to exercise jurisdiction over U.S. military personnel in EU-COM, nor is such a waiver expected. Since the group of prisoners was not transferred through Germany to Guantanamo, Cuba, the question of what safeguards are in place to ensure no such transfers occur, does not arise. Measures taken in the fight against terrorism, such as arrests of individuals, their transfer from the custody of one State to that of another, and the treatment afforded to detainees, must at any time be in conformity with the relevant rules of international law, including – where applicable - the rules of international humanitarian law and recognized human rights standards. The

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