E/CN.4/2006/120 page 38 83 Human Rights Committee, general comment No. 22 (1993), CCPR/C/21/Rev.1/Add.4, para. 8. 84 In her previous report to the General Assembly (A/60/399), the Special Rapporteur analysed, in the context of her mandate, the international standards applicable to persons deprived of their liberty. 85 ICCPR, art. 18 (3). See similarly, Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, art. 1 (3) (25 November 1981). 86 General comment No. 22, supra note 83, para. 8. 87 See, inter alia, article 3 common to the four Geneva Conventions; articles 34 and 35 of the Third Geneva Convention; articles 76, 86 and 93 of the Fourth Geneva Convention; article 75, paragraph 1, of Additional Protocol I and articles 4 and 5 of Additional Protocol II. 88 Techniques such as the use of dogs were explicitly authorized as part of the “First Special Interrogation Plan” (pp. 13 and 14) - see in Army Regulation 15-6, Final Report: Investigation into FBI Allegations of Detainee Abuse at Guantánamo Bay, Cuba Detention Facility (1 April 2005, amended 9 June 2005) (The Schmidt Report). 89 A technique that the Schmidt Report, supra note 88, found to be authorized (FM 34-52) and approved by SECDEF as mild, non-injurious physical touching. The same report found the rubbing of perfume to have been authorized, as well as leaning over detainees and whispering in their ears that the situation was futile. In addition, the wiping of menstrual blood on a detainee in March 2003 was considered authorized to show the futility of the situation. 90 Secretary of Defense memorandum for the commander, US Southern command of 16 April 2005 on “Counter Resistance Techniques in the War on Terror”. See supra, para. 50. 91 Response of the United States of America, dated 21 October 2005 to the inquiry of the Special Rapporteurs dated 8 August 2005 pertaining to detainees at Guantánamo Bay, p. 21 et seq. 92 Standard Minimum Rules for the Treatment of Prisoners. Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. 93 The Convention of the Rights of the Child defines a child as “every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier”. CRC, article 1. Three juveniles, under the age of 16 years, were transferred from Guantánamo Bay to their home country in early 2004 after over one year in detention. US Department of Defense, News Release, “Transfer of Juvenile Detainees Completed” accessed at http://www.defenselink.mil/releases/2004/nr20040129-0934.html 20 December 2005); CNN World, “U.S. Frees Teens at Guantánamo Bay” (29 January 2004). It is unknown how

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