United States of America
25.01.02
Urgent Interventions
OMCT expresses its concern about detention conditions in Guantanamo
PRESS RELEASE
Geneva, 25 January 2002
OMCT welcomes the suspension of the transfer of prisoners from Afghanistan to Guantanamo and hopes that this will be an occasion for the United States authorities to carefully re-examine their policy and actions concerning the treatment of these detainees in light of their international obligations.
The uncertain situation that faces the now 158 persons being held at Guantanamo base, Cuba, who are allegedly members of Al Quaeda or Taliban forces, is a matter of grave concern. OMCT is highly preoccupied by the US’ apparent disregard for its international legal obligations, and fears that the combination of the conditions under which these persons are being detained and the treatment to which they are being subjected - the level of sensory deprivation as well as the forcible shaving considered together with the size and precariousness of the cells and the likelihood of exposure to heat, insects and other harsh conditions - may constitute inhuman and degrading treatment. OMCT deems that these conditions of detention are irreconcilable with the notion of proportional and necessary restraints applied on the grounds of reasonable security concerns.
The transfer of detainees from Afghanistan to Guantanamo began on January 13. It has been reported that prior to and during their displacement, the detainees’ hair and beards were forcibly shaved off and that prisoners were handcuffed, dressed in orange jumpsuits, blacked out goggles, ear muffs, surgical masks, and that several were made to wear leg shackles. Some may have been sedated. Photographs of the detainees subjected to the treatment described above were widely distributed. On January 23rd, the US authorities declared that the transfer of prisoners would be suspended, allegedly because the detention camp was approaching its present full capacity.
Detainees are being kept in a temporary detention centre with open air cells known as Camp X ray. Cells are 1.8 by 2.4 meters, concrete floors divided by chain link fences and topped by a metal roof. Plans to build a more durable prison with the capacity to house up to 2, 000 prisoners have been reported.
None of the detainees have had access to a lawyer and it has not been confirmed whether they have been or will be interrogated by US authorities. It is unclear what, if any, kind of trials are envisaged for these persons. Although to date no charges have been filed, it has been speculated that the US authorities may wish to try at least some of the detainees in military commissions authorized by executive order on September 13. These commissions have been the object of widespread criticism by numerous human rights organizations including OMCT, as not affording basic due process guarantees and failing to secure fundamental human rights.
Many aspects of the detainees’ situation are a matter of deep concern. Nevertheless, the most disturbing feature is the apparent overall disregard of international legal obligations by the US authorities concerning the treatment of these detainees. It would seem that by detaining the persons concerned outside the US’ territory, the authorities have sought to place them outside the protection of the law - both domestic and international.
The United States is party to several international treaties including the UN Covenant on Civil and Political Rights, the United Nations Convention Against Torture and the Geneva Conventions, all of which establish a number of international obligations, including the duty to treat detainees humanely and numerous legal and fair trial guarantees to persons in detention. Many of the provisions in these treaties also reflect rules of customary international law which the United States is bound to respect.
The authorities have refused to consider the detainees as prisoners of war (POWs) as defined by the Third Geneva Convention, instead describing them as “unlawful combatants” not entitled to the protection of the Geneva Conventions. The Third Geneva Convention establishes that doubts regarding a detainees’ status should be determined by a court of law. However, the fact that the detainees are currently being held in Guantanamo and not within the US’ territory may create further difficulties in the determination of their status. A federal judge considering a petition from civil rights advocates regarding this matter has expressed doubts as to whether he had jurisdiction to hear the case and set a new hearing for February 14.
Under the Geneva Conventions, prisoners of war are accorded numerous specific rights including the rights not to divulge information other than their name, rank and serial number; and the right to receiving the same treatment accorded to the combatants of the detaining power; and a number of fair trial guarantees. Recognition of their status as prisoners of war would have the effect of limiting interrogation and would rule out the possibility of such persons being tried by the recently created military commissions, which are only applicable to non-citizens and do not afford the guarantees provided by civil courts.
Furthermore, the detainees have not been granted access to a lawyer and have not been charged with any offence as required by international norms and standards, independently of whether or not they are considered to be prisoners of war.
Recalling that it has been internationally acknowledged that the use of solitary confinement, combined with sensorial deprivations endangers detainees’ mental and physical health and may amount to inhuman and degrading treatment, OMCT urges the US authorities to strictly abide by their international obligations, and notably the UN Convention against Torture as well as the Standard Minimum Rules for the Treatment of prisoners, in the treatment of the Guantanamo detainees.
For further information, please contact:
Eric Sottas, OMCT Director
OMCT Secretariat at +41.22.809.49.39 or omct@omct.org
Geneva, 25 January 2002
OMCT welcomes the suspension of the transfer of prisoners from Afghanistan to Guantanamo and hopes that this will be an occasion for the United States authorities to carefully re-examine their policy and actions concerning the treatment of these detainees in light of their international obligations.
The uncertain situation that faces the now 158 persons being held at Guantanamo base, Cuba, who are allegedly members of Al Quaeda or Taliban forces, is a matter of grave concern. OMCT is highly preoccupied by the US’ apparent disregard for its international legal obligations, and fears that the combination of the conditions under which these persons are being detained and the treatment to which they are being subjected - the level of sensory deprivation as well as the forcible shaving considered together with the size and precariousness of the cells and the likelihood of exposure to heat, insects and other harsh conditions - may constitute inhuman and degrading treatment. OMCT deems that these conditions of detention are irreconcilable with the notion of proportional and necessary restraints applied on the grounds of reasonable security concerns.
The transfer of detainees from Afghanistan to Guantanamo began on January 13. It has been reported that prior to and during their displacement, the detainees’ hair and beards were forcibly shaved off and that prisoners were handcuffed, dressed in orange jumpsuits, blacked out goggles, ear muffs, surgical masks, and that several were made to wear leg shackles. Some may have been sedated. Photographs of the detainees subjected to the treatment described above were widely distributed. On January 23rd, the US authorities declared that the transfer of prisoners would be suspended, allegedly because the detention camp was approaching its present full capacity.
Detainees are being kept in a temporary detention centre with open air cells known as Camp X ray. Cells are 1.8 by 2.4 meters, concrete floors divided by chain link fences and topped by a metal roof. Plans to build a more durable prison with the capacity to house up to 2, 000 prisoners have been reported.
None of the detainees have had access to a lawyer and it has not been confirmed whether they have been or will be interrogated by US authorities. It is unclear what, if any, kind of trials are envisaged for these persons. Although to date no charges have been filed, it has been speculated that the US authorities may wish to try at least some of the detainees in military commissions authorized by executive order on September 13. These commissions have been the object of widespread criticism by numerous human rights organizations including OMCT, as not affording basic due process guarantees and failing to secure fundamental human rights.
Many aspects of the detainees’ situation are a matter of deep concern. Nevertheless, the most disturbing feature is the apparent overall disregard of international legal obligations by the US authorities concerning the treatment of these detainees. It would seem that by detaining the persons concerned outside the US’ territory, the authorities have sought to place them outside the protection of the law - both domestic and international.
The United States is party to several international treaties including the UN Covenant on Civil and Political Rights, the United Nations Convention Against Torture and the Geneva Conventions, all of which establish a number of international obligations, including the duty to treat detainees humanely and numerous legal and fair trial guarantees to persons in detention. Many of the provisions in these treaties also reflect rules of customary international law which the United States is bound to respect.
The authorities have refused to consider the detainees as prisoners of war (POWs) as defined by the Third Geneva Convention, instead describing them as “unlawful combatants” not entitled to the protection of the Geneva Conventions. The Third Geneva Convention establishes that doubts regarding a detainees’ status should be determined by a court of law. However, the fact that the detainees are currently being held in Guantanamo and not within the US’ territory may create further difficulties in the determination of their status. A federal judge considering a petition from civil rights advocates regarding this matter has expressed doubts as to whether he had jurisdiction to hear the case and set a new hearing for February 14.
Under the Geneva Conventions, prisoners of war are accorded numerous specific rights including the rights not to divulge information other than their name, rank and serial number; and the right to receiving the same treatment accorded to the combatants of the detaining power; and a number of fair trial guarantees. Recognition of their status as prisoners of war would have the effect of limiting interrogation and would rule out the possibility of such persons being tried by the recently created military commissions, which are only applicable to non-citizens and do not afford the guarantees provided by civil courts.
Furthermore, the detainees have not been granted access to a lawyer and have not been charged with any offence as required by international norms and standards, independently of whether or not they are considered to be prisoners of war.
Recalling that it has been internationally acknowledged that the use of solitary confinement, combined with sensorial deprivations endangers detainees’ mental and physical health and may amount to inhuman and degrading treatment, OMCT urges the US authorities to strictly abide by their international obligations, and notably the UN Convention against Torture as well as the Standard Minimum Rules for the Treatment of prisoners, in the treatment of the Guantanamo detainees.
For further information, please contact:
Eric Sottas, OMCT Director
OMCT Secretariat at +41.22.809.49.39 or omct@omct.org