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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