A/HRC/22/52
report. He further invites the United Kingdom to make a public statement setting out a
timetable for the start of the proposed judge-led inquiry, indicating what its powers and
terms of reference will be. The Special Rapporteur recommends that the shortcomings in
the terms of reference for, and the powers of, the Gibson Inquiry should be remedied in the
resumed inquiry, and commends to the attention of the United Kingdom the principles laid
down in the present report, and in the report of the Special Rapporteur on torture on best
practice for commissions of inquiry into allegations of this nature.109
IV. Conclusions and recommendations
50.
The Special Rapporteur accordingly endorses and strongly urges all Member
States of the United Nations to accept and implement the recommendation made to
the Human Rights Council in February 2010 by the United Nations Joint study on
global practices in relation to secret detention in the context of countering terrorism,
that:
Those individuals found to have participated in secretly detaining persons and
in any unlawful acts perpetrated during such detention, including their
superiors if they have ordered, encouraged or consented to secret detentions,
should be prosecuted without delay and, where found guilty, given sentences
commensurate with the gravity of the acts perpetrated.110
51.
The Special Rapporteur welcomes the decision of the CTITF Working Group
on Protecting Human Rights while Countering Terrorism to establish a series of
regional workshops aimed at strengthening the capacity of Member States to secure
the right to truth and the principle of accountability for human rights violations in the
counter-terrorism context, and calls upon Member States to support this initiative.
52.
The Special Rapporteur calls upon all Member States, and in particular those
States credibly alleged to have facilitated the use of their airspace and landing
facilities for CIA rendition flights, to review their domestic law and practice, including
a review of the investigations, if any, that have so far been conducted by their national
authorities, in order to bring them into conformity with the principles described in the
present report.
53.
In addition, the Special Rapporteur:
(a)
Calls upon those States that have so far failed to provide substantive
responses to the inquiries made by the joint mandate-holders by way of follow-up to
the United Nations Joint Study on Secret Detention to do so without further delay;
(b)
Calls upon the Governments of Lithuania, Morocco, Poland, Romania
and Thailand urgently to establish (or where applicable, to re-open) effective
independent judicial or quasi-judicial inquiries into credible allegations that secret
CIA “black sites” were established on their territories; to identify any public officials
who may have authorized or collaborated in the establishment or operation of these
109
110
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, Juan E. Mendez, to the United Nations Human Rights Council, 18 January 2012,
A/HRC/19/61.
See to the same effect, United Nations Basic Principles on Remedy and Reparation for Gross Human
Rights and Humanitarian Law Violations, op. cit., footnote 33, para. 4; and Flautre Report, op. cit.,
footnote 15, para 5. See also ICCPR, Human Rights Committee General Comment No. 31,
CCPR.C.21/Rev.1/Add.13, 26 May 2004, at para. 18.
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