to have sent interrogators to Guantánamo.500 If these allegations prove to be true, their participation or mere presence during the interrogation of an individual when they knew or ought to have known that the detainees faced a real risk of torture, ill-treatment or arbitrary detention “[could] be reasonably understood as implicitly condoning such practices”501 and would therefore violate international law. d. Recommendations • • • • • • • • To review US reservations and understandings concerning the definition of torture and other forms of ill-treatment made upon ratification of international treaties, with a view to promptly withdrawing them; To clearly acknowledge that the prohibition of torture and ill-treatment provided for in the CAT and the ICCPR applies to all areas over which the United States exercises, directly or indirectly, in whole or in part, de jure or de facto effective control including, where applicable, detention facilities and military bases outside its sovereign territory; To take steps necessary to prevent the recurrence of acts of torture and ill-treatment, including by strengthening existing prohibitions in domestic law. All elements of the definitions of torture and ill-treatment set out in the CAT and clarified by the Committee against Torture should be reflected in domestic law; To ensure that the practice of extraordinary rendition of terrorist suspects to third countries for the purpose of interrogation and detention is immediately and expressly terminated, including on any short-term or transitory basis. Any such matters should be forbidden by law; To amend the provisions of the Army Field Manual on interrogation in order to clarify that stress positions, sleep deprivation and improper use of restraints are forbidden techniques. The Manual should, in this regard, clearly stipulate that only enumerated techniques are allowed. Appendix M should be reviewed to ensure its compliance with the international prohibition of torture and ill-treatment; Pending the closure of the Guantánamo Bay detention facility, to ensure that conditions of detention meet international human rights standards; Concerning the detention of any Guantánamo detainee, to promptly abolish and immediately terminate the use of solitary confinement to punish breaches of discipline, to extract information or a confession, and in respect of detainees with mental health issues; to immediately terminate the use of prolonged and indefinite solitary confinement for any purpose. Solitary confinement should be used only in very exceptional circumstances, as a last resort, for as short a time as possible. Safeguards should be put in place to ensure that solitary confinement is immediately interrupted where it results in severe pain or suffering. Human contact between detainees should be increased and maximized to the extent possible for detainees held in segregated cells, in particular in Camp 7. Alternative disciplinary sanctions to avoid the use of solitary confinement should be developed; To strictly limit the use of restraints during the transportation of Guantánamo detainees, including within the detention facility, to what is necessary and proportionate; 500 UN Special Rapporteur on human rights and counter-terrorism, Report to the Human Rights Council, A/HRC/10/3, op. cit., note 131, para. 54; ODIHR interview with Murat Kurnaz, op. cit., note 400. 501 UN Special Rapporteur on human rights and counter-terrorism, Report to the Human Rights Council, A/HRC/10/3, ibid. See, also, “Draft articles on responsibility of States for internationally wrongful acts”, op. cit., note 324, Art. 41. 107