A/HRC/13/42*
page 86
E. Secret detention and the Obama administration
160. In its response to the questionnaire sent by the experts, the United States stated that:
The Obama Administration has adopted the following specific measures:
• Instructed the CIA to close as expeditiously as possible any detention facilities that it
currently operated as of January 22, 2009 and ordered that the CIA shall not operate any
such detention facility in the future.
• Ordered that the Guantanamo Bay detention facility be closed as soon as practicable.
• Required the International Committee of the Red Cross (ICRC) to be given notice and
timely access to any individual detained in any armed conflict in the custody or under
the effective control of the United States Government, consistent with Department of
Defense regulations and policies.
• Ordered a comprehensive review of the lawful options available to the Federal
Government with respect to detention of individuals captured or apprehended in
connection with armed conflicts and counterterrorism operations.
• Reaffirmed that all persons in U.S. custody must be treated humanely as a matter of
law.
• Mandated that detention at Guantanamo conform to all applicable laws governing
conditions of confinement, including Common Article 3 of the Geneva Conventions,
and directed a review of detention conditions at Guantanamo to ensure such
compliance.
• Ordered a review of U.S. transfer policies to ensure that they do not result in the transfer
of individuals to other nations to face torture or otherwise for the purpose, or with the
effect, of undermining or circumventing the commitments or obligations of the
United States to ensure the humane treatment of individuals in its custody or control.
The resulting Task Force on transfer practices recommended to the President in August
that (1) the State Department be involved in evaluating all diplomatic assurances; (2)
the Inspectors General of the Departments of State, Defense, and Homeland Security
prepare an annual report on all transfers relying on assurances; and (3) mechanisms for
monitoring treatment in the receiving country be incorporated into assurances.
• Announced the transfer of at least 7 detainees from military custody to U.S. criminal
law enforcement proceedings, and transferred 25 detainees to date to third-countries for
repatriation or resettlement.
• Worked with Congress to revise U.S. laws governing military commissions to enhance
their procedural protections, including prohibiting introduction of evidence obtained as
a result of cruel, inhuman, or degrading treatment.
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