28 | Towards the Closure of Guantanamo In view of these circumstances, on July 30, 2013, the Inter-American Commission lifted the precautionary measures granted on behalf of Omar Khadr, in accordance with Article 25(6) of the Rules of Procedure in force at the time. 21 Precautionary Measure 211/08 – Djamel Ameziane, United States 34. 35. On August 20, 2008, the IACHR granted precautionary measures on behalf of Djamel Ameziane. 22 The request alleged that Ameziane was detained by United States agents in Kandahar, Afghanistan, in January 2001 and taken to Guantanamo, where he was subjected to torture. According to the information provided at that time, Ameziane was in danger of being deported to his native country, Algeria, where he could be subjected to cruel, inhumane and degrading treatment. The Commission requested the United States to immediately take the measures necessary to ensure that Ameziane would not be subject to torture or to cruel, inhumane or degrading treatment while in its custody and to make certain that he would not be deported to any country where he might be subjected to torture or other mistreatment. Djamel Ameziane was transferred from Guantanamo to Algeria on December 5, 2013, and reportedly imprisoned in secret by the Algerian authorities from the time he arrived in the country until December 16, 2013. According to the information provided to the IACHR by Djamel Ameziane's representatives, he was awaiting a reply from the government of Canada to his request to resettle in that country. They also indicated that in 2010 Luxembourg had offered to receive him, and that more recently other countries had also extended offers for Djamel Ameziane to settle in their respective territories. The Inter-American Commission issued a press release condemning the forced transfer of Djamel Ameziane from Guantanamo to Algeria, in violation of the principle of non-refoulement, which prohibits transfers and deportations of individuals to countries where they may run the risk of being tortured. 23 Precautionary Measure 46/15 – Moath al-Alwi, United States 36. On March 31, 2015, the IACHR adopted Resolution 10/2015 in which it requested the Governent of the United States to adopt precautionary measures on behalf of Moath al-Alwi. 24 The request alleged that the beneficiary, a 35 year-old Yemeni, has suffered from threats and acts of violence against his life and personal integrity since his detention in Guantanamo more than 12 years ago. The information submitted by the applicants suggests that the beneficiary is detained in severe 21 Article 25(6) of the IACHR’s Rules of Procedure approved in 2009 and modified on September 2, 2011: “Precautionary Measures: […] The Commission shall evaluate periodically whether it is pertinent to maintain any precautionary measures granted.” IACHR, Precautionary Measure 211/08 – Djamel Ameziane, United States, August 20, 2008. Available at: http://www.oas.org/en/iachr/pdl/decisions/GuantanamoMC.asp#MC21108 Press Release 103/13: IACHR Condemns Forced Transfer of Djamel Ameziane from Guantanamo to Algeria, December 19, 2013. Available at: http://www.oas.org/en/iachr/media_center/PReleases/2013/103.asp IACHR, Resolution 10/2015, Precautionary Measure No. 46-15, Matter of Moath al-Alwi regarding the United States of America, March 31, 2015. 22 23 24 Organization of American States | OAS