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monitoring arrangements. The State party should also provide detailed information
to the Committee on all cases since 11 September 2001 where assurances have been
provided.
22.
The Committee, noting that detaining persons indefinitely without charge constitutes
per se a violation of the Convention, is concerned that detainees are held for protracted periods at
Guantánamo Bay, without sufficient legal safeguards and without judicial assessment of the
justification for their detention (arts. 2, 3 and 16).
The State party should cease to detain any person at Guantánamo Bay and close
this detention facility, permit access by the detainees to judicial process or release
them as soon as possible, ensuring that they are not returned to any State where
they could face a real risk of being tortured, in order to comply with its obligations
under the Convention.
23.
The Committee is concerned that information, education and training provided to the
State party’s law-enforcement or military personnel are not adequate and do not focus on all
provisions of the Convention, in particular on the non-derogable nature of the prohibition of
torture and the prevention of cruel, inhuman and degrading treatment or punishment (arts. 10
and 11).
The State party should ensure that education and training of all law-enforcement or
military personnel, are conducted on a regular basis, in particular for personnel
involved in the interrogation of suspects. This should include training on
interrogation rules, instructions and methods, and specific training on how to
identify signs of torture and cruel, inhuman or degrading treatment. Such
personnel should also be instructed to report such incidents.
The State party should also regularly evaluate the training and education provided
to its law-enforcement and military personnel as well as ensure regular and
independent monitoring of their conduct.
24.
The Committee is concerned that in 2002 the State party authorized the use of certain
interrogation techniques that have resulted in the death of some detainees during interrogation.
The Committee also regrets that “confusing interrogation rules” and techniques defined
in vague and general terms, such as “stress positions”, have led to serious abuses of detainees
(arts. 11, 1, 2 and 16).
The State party should rescind any interrogation technique, including methods
involving sexual humiliation, “waterboarding”, “short shackling” and using dogs to
induce fear, that constitutes torture or cruel, inhuman or degrading treatment or
punishment, in all places of detention under its de facto effective control, in order to
comply with its obligations under the Convention.