🇺🇸#USA: UN experts call on the US to close #Guantanamo Bay detention centre & put an end to the ugly chapter of unrelenting human rights violations: “20 years of arbitrary detention without trial accompanied by torture or ill treatment is unacceptable.”
— UN Special Procedures (@UN_SPExperts) January 10, 2022
‘Site of unparalleled notoriety’
“Despite forceful, repeated and unequivocal condemnation of the operation of this horrific detention and prison complex with its associated trial processes, the United States continues to detain persons many of whom have never been charged with any crime,” the experts said.
“Guantánamo Bay is a site of unparalleled notoriety, defined by the systematic use of torture, and other cruel, inhuman or degrading treatment against hundreds of men brought to the site and deprived of their most fundamental rights”, they added, going on to describe the facility as a symbol of a systematic lack of accountability for state-sponsored torture, ill treatment, and impunity granted to those responsible.
As the remaining detainees get older, their health is deteriorating, and the US Department of Defense has reportedly requested a budget of around $88 million to build a hospice.
The level of medical assistance and torture rehabilitation treatment available to the prisoners is, say the experts, inadequate, despite being required under international law.
The experts called on the US to close the site, return detainees home or to safe third countries, while respecting the principle of non-refoulement, which means that they cannot be sent to a country in which they could be subject to persecution.
They also called for reparations to be made for tortured and arbitrarily detained prisoners, and for those who authorized and engaged in torture to be held accountable, as required under international law.
Decade-long court date delays
Since the opening of the detention centre in 2002, only 12 detainees are reported to have been charged, and just two convicted by Military Commissions.
The trial of the five acused of directly participating in the 2001 plot that led to planes being hijacked, and flown into New York’s Twin Towers and the Pentagon, have still not begun.
Pre-trial hearings on motions to suppress evidence of torture, are now going into a tenth year. In their statement, the experts express deep concern at these delays. “We particularly highlight the failures of the United States judicial system to play a meaningful role in protecting human rights, upholding the rule of law and enabling a legal black hole to thrive in Guantánamo with their apparent approval and support,” they declare.
The experts praised lawyers defending the detainees who have “battled to protect the rule of law and identified the persistent human rights failures in the day-to-day operation of Commissions” which, they say, continue to violate the requirements of impartiality, independence and non-discrimination and should never have been used in the way they were deployed at Guantánamo.
Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary, and the experts are not paid for their work.