CAT/C/USA/CO/3-5
administered in an unnecessarily brutal and painful manner (arts. 2, 11, 12, 13, 14, 15 and
16).
The Committee calls upon the State party to take immediate and effective measures
to:
(a)
Cease the use of indefinite detention without charge or trial for
individuals suspected of terrorism-related activities;
(b)
Ensure that detainees held at Guantanamo Bay who are designated for
potential prosecution are charged and tried in ordinary federal civilian courts. Any
other detainees who are not to be charged or tried should be immediately released.
Detainees and their counsels must have access to all evidence used to justify the
detention;
(c)
Investigate allegations of detainee abuse, including torture and illtreatment, appropriately prosecute those responsible, and ensure effective redress for
victims;
(d)
Improve the situation of detainees so as to persuade them to cease their
hunger strike;
(e)
Put an end to the force-feeding of detainees on hunger strike as long as
they are able to take informed decisions;
(f)
Invite the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment to visit the Guantanamo Bay detention facilities,
and give him full access to the detainees, including private meetings with them, in
conformity with the terms of reference for fact-finding missions carried out by the
special procedures of the Human Rights Council.
The Committee reiterates its previous recommendation (CAT/C/USA/CO/2, para. 22)
that the State party close the detention facilities at Guantanamo Bay, as per section 3
of Presidential Executive Order 13492 of 22 January 2009.
Abuse of State secrecy provisions and mutual judicial assistance
15.
The Committee expresses serious concern at the use of State secrecy provisions and
immunities to evade liability. While noting the delegation’s statement that the State party
abides by its obligations under article 15 of the Convention with regard to the
administrative procedures established to review the status of law of war detainees at
Guantanamo Bay, the Committee is particularly disturbed at reports that describe a
draconian system of secrecy surrounding high-value detainees that keeps their torture
claims out of the public domain. Furthermore, the regime applied to these detainees
prevents access to effective remedies and reparations and hinders investigations into human
rights violations by other States (arts. 9, 12, 13, 14 and 16).
The Committee calls for the declassification of torture evidence, in particular
accounts of torture by Guantanamo Bay detainees. The State party should ensure that
all victims of torture are able to access a remedy and obtain redress, wherever acts of
torture have occurred, and regardless of the nationality of the perpetrator or the
victim.
The State party should take effective steps to ensure the provision of mutual judicial
assistance in all matters of criminal procedure regarding the offence of torture and
the related crimes of attempting to commit, complicity and participation in torture.
The Committee recalls that article 9 of the Convention obligates States parties to
“afford one another the greatest measure of assistance in connection with criminal
proceedings” related to violations of the Convention.
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