METHODOLOGY
97.
Findings contained in this report are based on information gathered not only through desk
research but also a series of interviews. ODIHR systematically followed the developments
related to Guantánamo from 2012 to 2015, in addition to conducting two fact-finding
missions to the United States in February and September 2014. The added-value of the
report resides in the interviews conducted by ODIHR with diverse interlocutors to gather
information. ODIHR held eight interviews in September 2014 with relevant US officials
from the Departments of State, Defense and Justice and the Presidential Administration,
including with senior officials involved in the proceedings before the military
commissions.6 In addition, ODIHR met with non-governmental organizations (NGOs) as
well as military and civilian lawyers representing Guantánamo detainees. Interviews were
conducted with a broad range of stakeholders which includes, but is not limited to, 14
representatives of NGOs monitoring developments related to Guantánamo, 25 lawyers
involved in the representation of Guantánamo detainees in past and ongoing military
commission proceedings, habeas corpus proceedings or before the Periodic Review Board
(PRB), along with six other national or international legal experts as well as medical staff
working on medical care and ethics at Guantánamo. A list of interlocutors is included in
Annex 2 to this report.
98.
In order to collect the relevant facts, ODIHR requested private meetings with detainees
currently held at the Guantánamo Bay detention facility who were willing to speak with
ODIHR officials. ODIHR regrets that this request was not granted by the US authorities.
As an alternative method of obtaining the views of current detainees, ODIHR submitted
written questions to several current detainees through their appointed counsel. To date,
ODIHR has received one response, the contents of which, apart from the heading, had been
entirely redacted by the authorities before being made available to ODIHR.7
99.
ODIHR interviewed five former Guantánamo detainees to gather first-hand information on
their experiences while being transferred to and/or detained at Guantánamo. ODIHR met
with former detainees who are nationals or residents of one of the OSCE participating
States or Partners for Co-operation and/or have been relocated to, or resettled in, one of
these States. ODIHR did not approach former detainees who have publicly indicated their
refusal to share information on their experience at Guantánamo.
100. Meetings with all interlocutors were on the record and with the understanding that the
information collected could be included in a public report. Former detainees who took part
in the interviews did so voluntarily. They were fully informed that their testimonies would
be used for the purpose of drafting the report and they consented to the publication and
6
Specifically, ODIHR met with representatives from the Office of the Legal Adviser and the Office on European Security and
Political Affairs within the Department of State. ODIHR also conducted interviews of US officials from the Department of
Defense Office of Military Commissions (including the Office of the Chief Prosecutor and the Office of the Convening
Authority) as well as from the Office of the General Counsel and the Office of the Under Secretary of Defense for Policy, Office
of Detainee Policy. ODIHR had meetings with representatives from the Offices of the Special Envoys for Guantánamo Closure
within both the US Department of State and the Department of Defense. ODIHR held also consultations with representatives
from the US Department of Justice, National Security Division and the National Security Council within the Presidential
Administration.
7
See Annex 3, “Response from Current Detainee to Questions Submitted By ODIHR”.
34
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