finding in Hamdan v. Rumsfeld that Common Article 3 applied to the detainees,372 President Bush adopted Executive Order 13440, which “interpreted [Common Article 3 of] the Geneva Conventions in a manner to allow the CIA to use its enhanced interrogation techniques” against a particular detainee held as part of the RDI programme.373 This Executive Order also suggested that “willful and outrageous acts of personal abuse” would not be prohibited if done for the purpose of gaining intelligence, as opposed to humiliating and degrading the detainee.374 211. The current administration is of the view that it is for the US courts to determine whether specific constitutional provisions, including the Eighth and Fifth Amendments, are applicable to Guantánamo detainees. In meetings with ODIHR, State and Justice Department representatives expressed their confidence that the standards of protection afforded to Guantánamo detainees would meet constitutional requirements. 212. In its latest periodic report to the Committee against Torture, produced in 2013, the United States asserted that its laws forbid all US officials from committing acts of torture “in all places, not only in territory under US jurisdiction” and from engaging in cruel, inhuman or degrading treatment or punishment “wherever [US officials] may be”.375 ODIHR positively notes that Executive Order 13491 prohibits acts of torture or ill-treatment “against any individual detained in armed conflict by the United States or within a facility owned, operated, or controlled by the United States, in all circumstances”,376 and that acts of torture and ill-treatment committed outside the United States are criminalized under the Torture Convention Implementation Act and the DTA, respectively. ODIHR welcomes the commitment of the Obama administration to prohibit torture and ill-treatment in all places based on US domestic law, treaties and customary international law.377 213. ODIHR notes the US government’s recent acknowledgement that its obligations under the CAT extend to territory that it “controls as a governmental authority” outside of its sovereign territory, including Guantánamo Bay, and US registered ships and aircraft.378 The prohibition of torture and the prohibition of ill-treatment, as enshrined in the CAT and the ICCPR, apply to all areas in which the United States “exercises directly or indirectly, in 372 United States Supreme Court, Hamdan v. Rumsfeld, op. cit., note 11. Senate Study on the CIA RDI Programme, Executive Summary, op. cit., note 171, pp. 451, 164: “CIA Director Michael Hayden sent a letter to the president formally requesting that the president issue the Executive Order interpreting the Geneva Conventions in a manner to allow the CIA to interrogate Rahim using the CIA's enhanced interrogation techniques. A classified legal opinion from [the Office of Legal Counsel] concluding that the use of the CIA's six enhanced interrogation techniques proposed for use on Rahim (sleep deprivation, dietary manipulation, facial grasp, facial slap, abdominal slap, and the attention grab) did not violate applicable laws was issued on July 20, 2007. The accompanying unclassified Executive Order was issued the same day.” 374 George W. Bush, Executive Order 13440, op. cit., note 180, Sec. 3(b)(i)(E). 375 UN CAT, Third to fifth periodic reports of States parties due in 2011, United States of America, op. cit., note 162, para. 13. 376 “Opening Statement, Mary E. McLeod, Acting Legal Adviser, U.S. Department of State, Committee Against Torture, November 12-13, 2014 – Geneva”, op. cit., note 361, p. 2. See, also, Barack H. Obama, Executive Order 13491, op. cit., note 351. 377 “UN Treaty Body Webcast, CAT 53rd session – United States of America, 3”, op. cit., note 77. 378 Ibid; “Opening Statement, Mary E. McLeod, Acting Legal Adviser, U.S. Department of State, Committee Against Torture, November 12-13, 2014 – Geneva”, op. cit., note 361, p. 3. 373 89