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