Chapter 3 Conditions of Detention | 57
116. In addition, the Department of Justice’s Office of Professional Responsibility
conducted an investigation into the memoranda on the use of “enhanced
interrogation techniques” dated August 1, 2002. In a report issued on July 29, 2009,
it asserted that the memoranda consistently favored a permissive view of the
torture statute and that its legal analysis was inconsistent with the professional
standards applicable to Department of Justice Attorneys. The report concluded that
former Deputy Assistant Attorney General John Yoo and former Assistant Attorney
General Jay Bybee “committed professional misconduct when [they] violated [their]
duty to exercise independent legal judgment and render thorough, objective, and
candid legal advice.” 116
117. In its response to this report, the U.S. Government indicated that investigations on
the conditions of detention in Guantanamo conducted by, among others, the
Inspector General of the Army, Navy, and CIA; and by Major General Ryder, the
General Officer appointed by the Commander, U.S. Southern Command, led to
hundreds of recommendations on ways to improve detention and interrogation
operations, and the Department of Defense and the CIA have allegedly instituted
processes to address these recommendations. The State also claimed that the
Department of Justice conducted preliminary reviews and criminal investigations
into the treatment of individuals alleged to have been mistreated while in U.S.
Government custody subsequent to the September 2011 terrorist attacks, brought
criminal prosecutions in several cases, and obtained the conviction of a CIA
contractor and a Department of Defense contractor for abusing detainees in their
custody. 117
118. The Inter-American Commission notes with deep concern, however, that no
criminal actions have been brought against the persons involved in acts of torture in
Guantanamo. Through its precautionary measures granted on behalf of the
detainees, the IACHR has called for the United States to “thoroughly and impartially
investigate, prosecute, and punish all allegations of torture and other ill-treatment
of detainees.” 118 The jurisprudence of the inter-American system is clear with
respect to the obligation of authorities to initiate, ex officio and immediately, an
efficient, impartial and effective investigation, which must be carried out by all
available legal means, once they become aware of an alleged act of torture. 119 The
IACHR has determined that the failure of the United States to give effect to the
116
117
118
119
Department of Justice, Office of Professional Responsibility, Report, Investigation into the Office of Legal
Counsel’s Memoranda Concerning Issues Relating to the Central Intelligence Agency’s Use of “Enhanced
Interrogation
Techniques”
on
Suspected
Terrorists,
July
29,
2009.
Available
at:
https://www.aclu.org/files/pdfs/natsec/opr20100219/20090729_OPR_Final_Report_with_20100719_declassi
fications.pdf
Submission of the Government of the United States to the Inter-American Commission on Human Rights with
respect to the Draft Report on the Closure of Guantanamo, OEA/Ser.L/V.II.Doc. 30 January 2015, March 30,
2015, p. 6.
IACHR, Precautionary Measure 259/02 – Detainees held by the United States in Guantanamo Bay, March 12,
2002 (extension granted on October 28, 2005).
IACHR, Case No. 12.519, Garcia Lucero et al., Chile, Submission before the I/A Court HH.RR., September 20,
2011, para. 76. Available at: http://www.cidh.oas.org/demandas/12.519Eng.pdf
Inter-American Commission on Human Rights | IACHR
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents