A/HRC/13/42*
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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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