A/HRC/13/42* page 58 United States. While no official news of Mr. Nassar’s whereabouts has been received since his apprehension in October 2005, it is alleged that, in November 2005, he was held for some time at a military base facility under United States authority in Diego Garcia. It is now assumed that he is currently being held in secret detention in the Syrian Arab Republic. Official United States documents and web postings, as well as media reports, indicate that the United States authorities had been interested in Mr. Nassar before his disappearance in 2005. In June 2009, in response to a request made through Interpol by a Spanish judge for information relating to Mr. Nassar’s whereabouts, the FBI stated that Mr. Nassar was not in the United States at that time. The FBI did not, however, address whether Mr. Nassar was in United States custody elsewhere or whether it knew where he was then held. Following queries by non-governmental organizations regarding the whereabouts of Mr. Nassar, the CIA responded on 10 June 2009, stating that “the CIA can neither confirm nor deny the existence or nonexistence of records responsive to your request” and that, even if the CIA was in a position to answer the request, the records would be classified and protected from disclosure by United States laws.218 According to Reprieve, Mr. Nassar may have been transferred to Syrian custody.219 According to the Government of the United Kingdom, it has received assurances from the United States that it has not interrogated any terrorist suspect or terrorism-related detainee in Diego Garcia in any case since 11 September 2001, and that the allegations of a CIA holding facility on the island are false. The Government was therefore confident that the allegations that Mr. Nassar had been held on Diego Garcia were inaccurate. 128. Following the transfer of the 14 high-value detainees from CIA custody to Guantanamo, President Bush, in a delivered speech on 6 September 2006, announced the closure of the CIA’s “high-value detainee programme”. He stressed that, “as more high-ranking terrorists are captured, the need to obtain intelligence from them will remain critical - and having a CIA programme for questioning terrorists will continue to be crucial to getting life-saving information”.220 Later in 2006 and in 2007, he indicated that “the CIA interrogation and detention program” would continue.221 Subsequent events support this claim as the Department 218 Joint urgent appeal sent on 2 October 2009 to be reflected in the forthcoming communications reports of the Special Rapporteur on torture and other cruel, inhuman or degrading punishment or treatment and the Special Rapoprteur on the promotion and protection of human rights while countering terrorism. 219 Letters of 3 August 2009 from Reprieve, American Civil Liberties Union and Alkarama addressed to the Special Rapporteurs on torture and on human rights while countering terrorism and to the Working Group on Enforced or Involuntary Disappearances. 220 “President discusses creation of military commissions to try suspected terrorists��, 6 September 2006. Available from http://georgewbushwhitehouse.archives.gov/news/releases/2006/09/20060906-3.html. 221 “President Bush signs military commissions act of 2006”, 17 October 2006. Available from http://georgewbush-whitehouse.archives.gov/news/releases/2006/10/20061017-1.html. Executive Order 13440: Interpretation of the Geneva Conventions common article 3 as applied to a program of detention and interrogation operated by the Central Intelligence Agency”, 20 July 2007. Available from http://edocket.access.gpo.gov/2007/pdf/07-3656.pdf.

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