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State party has provided no information to the fact that oversight systems of such agencies have
been established to ensure compliance with article 7.
The State party should ensure that any revision of the Army Field Manual only
provides for interrogation techniques in conformity with the international
understanding of the scope of the prohibition contained in article 7 of the Covenant;
the State party should also ensure that the current interrogation techniques or any
revised techniques are binding on all agencies of the United States Government and
any others acting on its behalf; the State party should ensure that there are effective
means to follow suit against abuses committed by agencies operating outside the
military structure and that appropriate sanctions be imposed on its personnel who
used or approved the use of the now prohibited techniques; the State party should
ensure that the right to reparation of the victims of such practices is respected; and
it should inform the Committee of any revisions of the interrogation techniques
approved by the Army Field Manual.
14.
The Committee notes with concern shortcomings concerning the independence,
impartiality and effectiveness of investigations into allegations of torture and cruel, inhuman or
degrading treatment or punishment inflicted by United States military and non-military personnel
or contract employees, in detention facilities in Guantanamo Bay, Afghanistan, Iraq, and other
overseas locations, and to alleged cases of suspicious death in custody in any of these locations.
The Committee regrets that the State party did not provide sufficient information regarding the
prosecutions launched, sentences passed (which appear excessively light for offences of such
gravity) and reparation granted to the victims. (articles 6 and 7)
The State party should conduct prompt and independent investigations into all
allegations concerning suspicious deaths, torture or cruel, inhuman or degrading
treatment or punishment inflicted by its personnel (including commanders) as well
as contract employees, in detention facilities in Guantanamo Bay, Afghanistan, Iraq
and other overseas locations. The State party should ensure that those responsible
are prosecuted and punished in accordance with the gravity of the crime. The State
party should adopt all necessary measures to prevent the recurrence of such
behaviors, in particular by providing adequate training and clear guidance to its
personnel (including commanders) and contract employees, about their respective
obligations and responsibilities, in line with articles 7 and 10 of the Covenant.
During the course of any legal proceedings, the State party should also refrain from
relying on evidence obtained by treatment incompatible with article 7. The
Committee wishes to be informed about the measures taken by the State party to
ensure the respect of the right to reparation for the victims.
15.
The Committee notes with concern that section 1005 (e) of the Detainee Treatment Act
bars detainees in Guantanamo Bay from seeking review in case of allegations of ill-treatment or
poor conditions of detention. (articles 7 and 10)
The State party should amend section 1005 of the Detainee Treatment Act so as to
allow detainees in Guantanamo Bay to seek review of their treatment or conditions
of detention before a court.