subsequent prosecutions regarding the conduct undertaken in the CIA RDI programme. In spite of having access to the full version of the Senate Study on the CIA RDI Programme, the US government has decided not to mount criminal charges. No US official has ever been prosecuted for their involvement in this programme or for concealment (destruction of torture evidence). No military, intelligence or civilian health professional or contractor has ever been held accountable for their involvement in acts of torture and ill-treatment at both Guantánamo and in the CIA RDI programme. The US therefore violated the ICCPR, the CAT and failed to meet its OSCE commitments. 89. Twenty-seven OSCE participating States have had knowledge of or have participated in the CIA RDI Programme in different ways. Yet, all of them have so far failed to conduct prompt, effective, impartial, independent, thorough and effective investigations and to hold those responsible accountable. Such failure amount to a violation of their obligations under international law. 90. The recognition of universal jurisdiction in some OSCE participating States has led to complaints against and convictions of high-level US officials. ODIHR welcomes such development and urges OSCE participating States to seriously investigate complaints regarding the US treatment of detainees in Guantánamo and at CIA secret detention facilities, with a view to hold those responsible to account. 91. Right to redress. International human rights law, in particular the CAT and ICCPR imposes on states an obligation to provide redress for arbitrary detention, torture and illtreatment. OSCE commitments refer to the provision of redress. Without prejudice to rights arising from any duty on states to provide reparation for damage suffered during armed conflict, ODIHR considers that the obligation of states to provide redress for gross human rights abuses also governs situations where such abuses have taken place in the context of an armed conflict, irrespective of its nature. 92. While a number of US legislative provisions appear to provide detainees with access to redress, no detainee has received redress and no court has ever considered a lawsuit seeking redress on the merits, despite numerous and substantiated allegations of arbitrary detention (including in cases of successful habeas corpus claim), torture and ill-treatment. The state secret doctrine and national security are not legitimate reasons to deny victims’ right to redress. Immunity of officials has led to dismissal of claims whereas immunity is incompatible with the right to redress for torture and ill-treatment. The disclosure of the Senate Study on the CIA RDI Programme is a positive step in providing satisfaction to victims of gross human rights violations but it must be accompanied by investigations and criminal prosecutions. This denial of redress for arbitrary detention, torture and illtreatment is a violation of the CAT and of the ICCPR. 93. ODIHR commends those OSCE participating States that provided redress to victims of gross human rights violations in the CIA RDI programme and at Guantánamo, and urges all participating States complicit in arbitrary detention, torture and ill-treatment under the CIA RDI programme and at Guantánamo to provide all victims not yet compensated with an adequate, effective and prompt redress. 24