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in situ by means of private interviews with detainees subjected to forced feeding, as well as with
doctors, nurses and prison guards, the allegations, which are well substantiated, must be held to
be accurate. Treatment during transport and IRF operations is documented by photo74 and video
material.75 These pictures indicate that during transport and IRF operations, detainees shackled,
chained, hooded, forced to wear earphones and goggles. They also show beating, kicking,
punching, but also stripping and force shaving by IRF where detainees resisted, which have been
corroborated by testimonies of former detainees.76 The Special Rapporteur considers that such
treatment amounts to torture, as it inflicts severe pain or suffering on the victims for the purpose
of intimidation and/or punishment.
E. Transfer, extraordinary rendition, non-refoulement
55.
There have been consistent reports about the practice of rendition and forcible return of
Guantánamo detainees to countries where they are at serious risk of torture. An example is the
transfer of Mr. Al Qadasi to Yemen in April 2004. He has since been visited by his lawyer and
international NGOs. According to his lawyer, he was not warned about his imminent return to
Yemen and therefore had no possibility to appeal. In early April he received an injection against
his will, which led to loss of consciousness and hallucinations. When he woke up several days
later, he found himself in prison in Sana’a, where he alleges he was beaten and deprived of
food.77 On the basis of the information available to him, the Special Rapporteur takes the view
that the United States practice of “extraordinary rendition” constitutes a violation of article 3 of
the Convention against Torture and article 7 of ICCPR.78
F. Lack of impartial investigation/impunity
56.
As noted elsewhere in this report, detainees did not have access to judicial procedures for
prolonged periods. Investigations into allegations of torture or CIDT were conducted by
different parts of the executive branch,79 and lacked impartiality. No independent judicial
investigation seems to have taken place into any allegations of torture or ill-treatment, a clear
violation of international minimum standards. Consequently, no one was brought to justice for
having committed acts of torture.80 It is of concern that there appear to have been attempts to
ensure impunity for perpetrators of torture or ill-treatment.81 The Special Rapporteur takes the
view that the lack of any independent investigation into the various allegations of torture and
ill-treatment at Guantánamo Bay amount to a violation of the obligations of the United States
under articles 12 and 13 of the Convention against Torture. He therefore agrees with the
European Parliament’s call on the United States administration to “allow an impartial and
independent investigation into allegations of torture and mistreatment for all persons deprived of
their liberty in US custody”.82
IV. FREEDOM OF RELIGION OR BELIEF AND
RELIGIOUS INTOLERANCE
A. Applicable international standards
57.
The right to freedom of religion or belief is protected by article 18 of ICCPR and
the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and of