A/HRC/13/42*
page 151
Country
Response
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 United States 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 seven 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.
• Expanded the review procedures for detainees held by the
Department of Defense in Afghanistan in order to enhance the
transparency and fairness of U.S. detention practices.
Detainees are permitted an opportunity to challenge the
evidence that is the basis for their detention, to call
reasonably available witnesses, and to have the assistance of
personal representatives who have access to all reasonably
available relevant information (including classified
information). Proceedings generally shall be open, including
to representatives of the ICRC, and possibly to
non-governmental organizations.
• Established more tailored standards and rigorous procedures
for evaluating assertions of the State secrets privilege,
including establishing an internal accountability mechanism,
ensuring that the privilege is never asserted to avoid
embarrassment or conceal violations of law, and creating a
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