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. 7

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