A/HRC/22/53/Add.4
alleged detention of five non-US citizens currently detained at the military detention facility
at Guantanamo Bay, Mr. Khalid Sheikh Mohammad, Mr. Walid Muhammad Salih Mybarack
Bin Attash, Mr. Ramzi Binalshibh, Mr. Ali Abdul Aziz Ali, and Mr. Mustafa Ahmed Adam
Al Hawasawi. According to the information received, the United States Military Commission
brought charges against the five named individuals on 31 May 2011 and 26 January 2012.
The Special Rapporteur expressed concern that the Government failed to properly investigate
and acknowledge that some of the interrogation techniques used in its detention facilities
including Guantanamo Bay might constitute a violation of the Convention against Torture.
In this context, the Special Rapporteur reminds the Government that the Committee Against
Torture called on the United States in 2006 to “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.” The Special Rapporteur further draws attention to article
12 of the Convention against torture and cruel, inhuman and degrading treatment or
punishment (CAT), which requires competent authorities to undertake a prompt and impartial
investigation wherever there is reasonable ground to believe that an act of torture has been
committed in any territory under the jurisdiction of the State party. The Special Rapporteur
additionally reiterates article 15 of the Convention, which provides that “Each State Party
shall ensure that any statement which is established to have been made as a result of torture
shall not be invoked as evidence in any proceedings, except against a person accused of
torture as evidence that the statement was made,” and article 14(3)(g) of the International
Covenant on Civil and Political Rights, which states that the accused “should not be
compelled to testify against himself or to confess guilt.” In the absence of evidence to the
contrary, the Special Rapporteur concludes that the named individuals were in fact subjected
to the methods of torture and cruel, inhuman and degrading treatment mentioned in his
communication. The Special Rapporteur calls on the Government to initiate prompt and
impartial investigations into all allegations of torture and ill-treatment and to ensure that
evidence obtained under torture will not be invoked in any proceedings against the
defendants.
(g)
JUA 30/11/2012 Case No. USA 32/2012 State reply: None to date Alleged arbitrary and
indefinite detention, inhuman treatment, and denial of access to an indepent doctor
155. The Special Rapporteur regrets that the Government of the United States of America has
not responded to this communication, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the alleged
detention of Mr. Shaker Aamer, a non-United States citizen, at the military detention facility
at Guantanamo Bay. The Special Rapporteur expresses grave concern over allegations that
Mr. Aamer was subjected to torture, inhuman, and degrading treatment at the Bagram and
Kandahar Air Force bases in Afghanistan, and at Guantanamo Bay. According to the
information received, Mr. Aamer was captured in October 2001 and not brought before a
court or tribunal until November 2004. In this context, the Special Rapporteur reminds the
Government of its obligation to protect to right to physical and mental integrity of all
persons, which is set forth inter alia in the UDHR, the ICCPR, and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Special
Rapporteur reiterates paragraph 1 of Human Rights Council Resolution 16/23, which
“Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which shall remain prohibited at any time and in
any place whatsoever and can thus never be justified, and calls upon all States to implement
fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or
degrading treatment or punishment.” The Special Rapporteur also reminds the Government
of article 15 of the CAT, which provides that “Each State Party shall ensure that any
statement which is established to have been made as a result of torture shall not be invoked as
evidence in any proceedings, except against a person accused of torture as evidence that the
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