A/HRC/13/42*
page 47
• Mohammed Nazir bin Lep (Malaysian), also known as Lillie, captured in Bangkok on
11 August 2003
• Gouled Hassan Dourad (Somali), also known as Haned Hassan Ahmad Guleed,
captured in Djibouti on 4 March 2004
• Ahmed Khalfan Ghailani (Tanzanian), captured in Gujrat, Pakistan, on 25 July 2004
• Abu Faraj al-Libi (Libyan), also known as Mustafa Faraj al-Azibi, captured in Mardan,
Pakistan, on 2 May 2005174
106. Beyond the transcripts of the Combatant Status Review Tribunals, held in 2007,175 and the
facts reported in opinion No. 29/2006 (United States of America), adopted by the Working
Group on Arbitrary Detention on 1 September 2006,176 the only available source on the
conditions in the above-mentioned facilities is a report by ICRC leaked to the media by
United States Government officials.177 In spite of the fact that the ICRC report was never
officially published, the experts decided to refer to it since information on the 14 was scarce and
the United States of America, in spite of requests to be allowed to speak to Guantanamo
detainees,178 did not authorize them to do so. That report details the treatment that most of the 14
had described during individual interviews, and concluded that there had been cases of beatings,
kicking, confinement in a box, forcible shaving, threats, sleep deprivation, deprivation/restriction
on food provisions, stress positions, exposure to cold temperatures/cold water, suffocation by
water and so on. It stressed that, for the entire detention periods, which ranged from 16 months
to more than 3 and a half years, all 14 persons had been held in solitary confinement and
incommunicado detention. According to the report, they had no knowledge of where they were
being held, and no contact with persons other than their interrogators or guards.”177 ICRC
concluded that
Twelve of the fourteen alleged that they were subjected to systematic physical and/or
psychological ill-treatment. This was a consequence of both the treatment and the material
conditions which formed part of the interrogation regime, as well as the overall detention
174
A/HRC/4/40/Add.1. Pentagon biographies are available from the address
www.defenselink.mil/pdf/detaineebiographies1.pdf.
175
See www.defenselink.mil/news/Combatant_Tribunals.html.
176
A/HRC/4/40/Add.1.
177
ICRC report on the treatment of 14 “high value detainees” in CIA custody transmitted on 14
February 2007.See www.nybooks.com/icrc-report.pdf.
178
For example, the letters sent by the four experts on 5 and 28 August 2009, see also the letters
sent by the Special Rapporteur on human rights and counter-terrorism dated 20 March 2007,
13 July 2007, and 18 May 2009; and letter of the Special Rapporteur on torture’s predecessor of
30 January 2004 and several reminders, of which the latest was dated 1 July 2009.
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