E/CN.4/2006/120
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89.
The practice of rendition of persons to countries where there is a substantial risk of
torture, such as in the case of Mr. Al Qadasi, amounts to a violation of the principle of
non-refoulement and is contrary to article 3 of the Convention against Torture and article 7 of
ICCPR.
90.
The lack of any impartial investigation into allegations of torture and ill-treatment and the
resulting impunity of the perpetrators amount to a violation of articles 12 and 13 of the
Convention against Torture.
91.
There are reliable indications that, in different circumstances, persons detained in the
Guantánamo Bay detention facilities have been victims of violations of the right to freedom of
religion or belief, contrary to article 18 of ICCPR and the 1981 Declaration. It is of particular
concern that some of these violations have even been authorized by the authorities. In addition,
some interrogation techniques are based on religious discrimination and are aimed at offending
the religious feelings of detainees.
92.
The totality of the conditions of their confinement at Guantánamo Bay constitute a
right-to-health violation because they derive from a breach of duty and have resulted in profound
deterioration of the mental health of many detainees.
93.
There are also serious concerns about the alleged violations of ethical standards by health
professionals at Guantánamo Bay and the effect that such violations have on the quality of health
care, including mental health care, the detainees are receiving.
94.
The treatment of the detainees and the conditions of their confinement have led to
prolonged hunger strikes. The force-feeding of competent detainees violates the right to health
as well as the ethical duties of any health professionals who may be involved.
B. Recommendations
95.
Terrorism suspects should be detained in accordance with criminal procedure that
respects the safeguards enshrined in relevant international law. Accordingly, the
Government of the United of States of America should either expeditiously bring all
Guantánamo Bay detainees to trial, in compliance with articles 9, paragraph 3, and 14
of ICCPR, or release them without further delay. Consideration should also be given to
trying suspected terrorists before a competent international tribunal.
96.
The Government of the United States should close the Guantánamo Bay detention
facilities without further delay. Until the closure, and possible transfer of detainees to
pretrial detention facilities on United States territory, the Government should refrain from
any practice amounting to torture or cruel, inhuman or degrading treatment or
punishment, discrimination on the basis of religion, and violations of the rights to health
and freedom of religion. In particular, all special interrogation techniques authorized by
the Department of Defense should immediately be revoked.
97.
The Government of the United States should refrain from expelling, returning,
extraditing or rendering Guantánamo Bay detainees to States where there are substantial
grounds for believing they would be in danger of being tortured.