A/HRC/13/42* page 43 Committee found that the Government of Uruguay was in breach of articles 7, 9 and 10.1 of the International Covenant on Civil and Political Rights. 97. A decisive moment in the long-standing process of outlawing practices of secret detention was the adoption of the International Convention on the Protection of All Persons from Forced Disappearance, which has been open for signature and ratification since 6 February 2007.161 This process started in 2001, when the Commission on Human Rights requested a study to identify any gaps in the existing international criminal and human rights framework with a view to drafting a legally-binding normative instrument for the protection of all persons from enforced disappearance.162 On the basis of the study prepared by an independent expert on the existing international criminal and human rights framework for the protection of persons from enforced or involuntary disappearances,163 and with his assistance, the Commission drafted the International Convention on the Protection of All Persons from Forced Disappearance, the final text of which was adopted by the Human Rights Council in its resolution 2006/1. The Convention contains elements necessary for filling the gaps in the framework of the current protection against enforced disappearances and secret detentions. IV. SECRET DETENTION PRACTICES IN THE GLOBAL “WAR ON TERROR” SINCE 11 SEPTEMBER 2001 98. In spite of the prominent role played by the United States of America in the development of international human rights and humanitarian law, and its position as a global leader in the protection of human rights at home and abroad following the terrorist attacks on New York and Washington, D.C. on 11 September 2001, the United States embarked on a process of reducing and removing various human rights and other protection mechanisms through various laws and administrative acts, including the Authorization for Use of Military Force,164 the USA Patriot Act of 2001, the Detainee Treatment Act of 2005, the Military Commissions Act of 2006 (which sought to remove habeas corpus rights), as well as various executive orders and memoranda issued by the Office of Legal Counsel that interpreted the position of the United States on a 161 General Assembly resolution 61/177. 162 Commission on Human Rights resolution 2001/46. 163 E/CN.4/2002/71. 164 “Joint Resolution: To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States”, 17 September 2001. This authorized the President “to use all necessary and appropriate force against those nations, organizations or persons he determines planned, authorized, committed or aided the terrorist attacks that occurred on 11 September 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”

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