E/CN.4/2006/5/Add.1
Page 85
Observations
404.
The Special Rapporteur is grateful for the Government’s detailed responses
and welcomes the Government’s commitment to take necessary measures to prevent
the reoccurrence of such acts.
United States of America
Communication sent on 23 May 2005
405.
The Special Rapporteur was informed that there had been several acts of
desecration of the Holy Koran during the interrogations of detainees at the detention
facility in Guantanamo Bay in Cuba. It was for instance reported that a copy of the
Koran was flushed down a toilet by interrogators and that detainees have reacted to
such desecrations including by organizing a hunger strike. It was moreover reported
that instances of desecration of the Holy Koran may have taken place in other
detention facilities under control of the US Army.
406.
These allegations began to appear through the media but also through the
testimonies of several former detainees. As a result of these allegations, a number of
demonstrations, rallies and other forms of popular reactions have taken place in
different places, including in Afghanistan, Indonesia and Pakistan, during which
people have been killed or injured.
Response from the Government dated 18 August 2005
407.
The Government stated that the Department of Defense (DoD) has carefully
looked into the matter of Koran mishandling at the U.S. detention facility in
Guantanamo Bay, Cuba. The DoD investigation found five instances of apparent
mishandling by guards or interrogators.
408.
The Government reemphasized its dedication to the freedom of religion. The
Joint Task Force has carefully implemented a standard operating procedure that
makes every effort to provide detainees with religious articles associated with the
Islamic faith (which was attached to the Government response) and takes particular
care that the Koran is handled in a respectful manner.
409.
The alleged instances of Koran mishandling, and specifically the claim that a
Koran was flushed down the toilet, were the focus of an in-depth investigation that
was concluded on 3 June 2005. This investigation found no credible evidence that a
member of U.S. military personnel responsible for providing security to Al Qaeda
detainees under U.S. Control at Guantanamo Bay, Cuba ever flushed a Koran down
the toilet. An interview with the detainee who reportedly made this allegation revealed
that he was not a witness to any such mistreatment and no other claims of this type
have been made. The matter is therefore considered closed.
410.
Since the issuing of Korans to detainees in January 2002, there have been
nineteen incidents involving handling of the Koran by Joint Task Force personnel. Of
these nineteen incidences, ten involved the touching of a Koran during the normal
performance of duty. The other nine incidents involved intentiona l or unintentional