Date
Type
Case No
Country
Mandate(s)
USA 31/2012
Arbitrary
30/11/2012 United States of detention;
JUA
America
Independence of
judges and
lawyers;
Terrorism;
Torture;
Summary of the allegation transmitted
Reply
19/12/2013
Alleged indefinite detention, lack of access to lawyers and impunity for torture of five
non-US citizens detained at Guantanamo Bay. According to the information received, on
26 January 2012 Mr. Khalid Sheikh Mohammad, Mr. Walid Muhammad Salih Mubarak
Bin Attash, Mr. Ramzi Binalshibh, Mr. Ali Abdul Aziz Ali (also known as Anmar alBaluchi) and Mr. Mustafa Ahmed Adam Al Hawsawi were charged in connection with
the 11 September 2001 attacks on the United States and are facing multiple charges.
Allegedly, the accused are not able to fully access their right to legal representation due
to the presumptive classification order issued on 26 April. Further, the practice of
presumption classification compromises privileged lawyer-client communications. Also
of concern is the continued lack of accountability regarding the use of abusive
interrogation techniques used in foreign detention facilities operated by the Government,
including Guantanamo Bay and the failure to conduct prompt and impartial
investigations. Another outstanding concern is the continued indefinite detention of the
accused who are subject to a periodic review regarding their detention which effectively
allows indefinite detention if the accused poses a threat to the national security so that
even if there may be an acquittal after the trial, the accused will never be released.
A/HRC/26/21
71
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