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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