Date Type 30/11/2012 JUA 30/11/2012 JUA Case No Country Mandate(s) Summary of the allegation transmitted Allegations of complicity in torture. According to the information received, Mr. Shaker Aamer was captured by Northern Alliance forces in Kabul in December 2001 and held there in an underground prison while Kabul was under joint US and UK control. Around 25 December 2001, he was reportedly transferred from the Kabul prison to the Bagram Airforce Base by US forces. In January 2002, he was reportedly transferred with a US aircraft to Kandahar Airforce Base in Afghanistan under US control. UK officials were reportedly present at the detention facilities at both Bagram and Kandahar, where he was subjected to inhuman treatment. He was allegedly tortured during interrogations during which UK officials were present. Personal information allegedly provided by the UK was used by the US interrogators. On 13 February 2002, he was reportedly rendered to Guantanamo Bay. In November 2004, he was declared an ‗enemy combatant‘. Although he has reportedly been cleared for release from Guantanamo Bay since 2007, he still remained detained at that facility. USA 31/2012 Arbitrary detention; United States of Independence of America judges and lawyers; Terrorism; Torture; 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 al-Baluchi) 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 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 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 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. 159 A/HRC/22/67 GBR 6/2012 Terrorism; Torture; United Kingdom of Great Britain and Northern Ireland Reply