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												Economic and Social Council by Its Resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977
UNITED E NATIONS Economic and Social Distr. Council GENERAL E/CN.4/2006/120 27 February 2006 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Sixty-second session Items 10 and 11 of the provisional agenda ECONOMIC, SOCIAL AND CULTURAL RIGHTS CIVIL AND POLITICAL RIGHTS Situation of detainees at Guantánamo Bay Report of the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Leila Zerrougui; the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; the Special Rapporteur on freedom of religion or belief, Asma Jahangir; and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt Summary The present joint report is submitted by five holders of mandates of special procedures of the Commission on Human Rights who have been jointly following the situation of detainees held at the United States of America Naval Base at Guantánamo Bay since June 2004. Section I provides a legal analysis common to all five mandates. Sections II to V outline the legal framework specific to each mandate, as well as the particular allegations of human rights violations which concern them. The final section contains conclusions and recommendations. GE.06-11276 (E) 170306 E/CN.4/2006/120 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 5 4 I. THE LEGAL FRAMEWORK .................................................... 6 - 16 5 A. Human rights and counter-terrorism measures ................ 6 - 7 5 B. The obligations of the United States of America under international law ................................................... - 
												
												Guantanamo Bay Fair Trial Manual: Excerpts
[Page Numbers for these Excerpts -- Page 1 of 152] [Printed 14 June 2019] [Prelimonary Draft - Still Begin Researched and Edited] Page 1 GTMO Bay Fair Trial Manual (Excerpts) www.GitmoObserver.com [8 August 2017, 6:15 pm] Guantanamo Bay Fair Trial Manual: Excerpts The Guantanamo Bay Fair Trial Manual1 is a two-volume resource of over 500 pages. It is available in print and online at The Gitmo Observer (gitmoobserver.com).2 This excerpted version of the Manual is designed to assist you in preparing for Military Commission hearings. It is not intended to replace the full version, which you are encouraged to read to help make it easier to fulfill any remit you may have in attending or monitoring hearings. The following Manual chapters and resources are reproduced in these Manual Excerpts. Chapter I Preface: Explains the early roots & purposes of the Guantanamo Bay Fair Trial Manual Chapter II: How to Use the Guantanamo Bay Fair Trail Manual Chapter IV: Abbreviations (helpful with alphabet soup of military jargon) Chapter V: What is the Right to a Fair Trial?: (identifies stakeholders; U.S. & international law) Chapter VI: Roles & Responsibilities of NGO Observers at GTMO Chapter VII: Background & Brief History of the GTMO U.S. Military Commissions Chapter VIII: General Information About the Case to be Observed (a checklist use as you prepare) Rights – Selected (Right to be Presumed Innocent (Category A); Right to Trial by Competent, Independent & Impartial Tribunal (Category D); Right to Public Proceedings (Category P)) Rights & Interests of NGO Observers (Category XVII) Rights & Interests of JTF-GTMO (Category XIV) Glossary: U.S. - 
												
												Report on Torture, Cruel, Inhuman, and Degrading Treatment Of
Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 Phone: (212) 614-6464 Fax: (212) 614-6499 E-Mail: [email protected] REPORT ON TORTURE AND CRUEL, INHUMAN, AND DEGRADING TREATMENT OF PRISONERS AT GUANTÁNAMO BAY, CUBA July 2006 Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 Phone: (212) 614-6464 Fax: (212) 614-6499 E-Mail: [email protected] “You are in a place where there is no law – we are the law.” U.S. military intelligence officers1 REPORT ON TORTURE AND CRUEL, INHUMAN, AND DEGRADING TREATMENT OF PRISONERS AT GUANTÁNAMO BAY, CUBA TABLE OF CONTENTS Preface..........................................................................................................................................................................1 Introduction: The Accounts from Guantánamo ........................................................................................................3 I. A Legal Black Hole..................................................................................................................................................7 A. Enemy Combatants?.......................................................................................................................................7 B. Extreme Interrogation Techniques ..................................................................................................................9 II. Beyond the Law: Guantánamo, the Geneva Conventions, and the War Crimes Act........................................10 A. Abandoning the Geneva Conventions - 
												
												Diss Koenig Final July 2013
Indefinite Detention / Enduring Freedom: What Former Detainees’ Experiences Can Teach Us About Institutional Violence, Resistance and the Law By Kimberly Alexa Koenig A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Calvin Morrill, Chair Professor Marianne Constable Professor Laurel Fletcher Professor Jonathan Simon Fall 2013 Abstract Indefinite Detention / Enduring Freedom: What Former Detainees’ Experiences Can Teach Us About Institutional Violence, Resistance and the Law by Kimberly Alexa Koenig Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Calvin Morrill, Chair This dissertation focuses on the experiences of former Guantánamo detainees as communicated in 78 interviews. An analysis of those interviews centers on former detainees’ “worst” experiences to parse how those experiences might inform society’s understanding of cruel, inhuman and degrading treatment. The dissertation is organized into nine chapters. Chapter one situates this study in the context of the United States’ response to the events of 9/11, with an emphasis on the imprisonment of individuals at the U.S. detention center in Guantánamo Bay, Cuba. This chapter summarizes the major philosophical, legal and social science research relevant to detainees’ experiences—including analyses of cruel, inhuman and degrading treatment—and explains how this dissertation contributes to existing empirical work. In this chapter, I argue that Guantánamo is an example of the United States’ use of incarceration as a means of social control that has extended beyond the nation’s borders, and discuss the possible relationship of political-military prisons to the phenomenal growth of supermax prisons in the United States. - 
												
												THE GUANTÁNAMO BAY ORAL HISTORY PROJECT the Reminiscences of Feroz Ali Abbasi Columbia Center for Oral History Columbia Univers
THE GUANTÁNAMO BAY ORAL HISTORY PROJECT The Reminiscences of Feroz Ali Abbasi Columbia Center for Oral History Columbia University 2011 PREFACE The following oral history is the result of a recorded interview with Feroz Ali Abbasi conducted by Ronald J. Grele and Kanishk Tharoor on May 31, 2011. This interview is part of the Guantánamo Bay Oral History Project. The reader is asked to bear in mind that s/he is reading a verbatim transcript of the spoken word, rather than written prose. 3PM Session One Interviewee: Feroz Ali Abbasi Location: London, United Kingdom Interviewer: Ronald J. Grele and Kanishk Tharoor Date: May 31, 2011 Q: This is an interview through the Columbia University Oral History Research Office with Feroz Abbasi? Today's date is May 31, 2011. The interview is being conducted in London. The interviewers are Kanishk Tharoor and Ron Grele. This is an interview for the Columbia University Oral History Research Office. I guess where we would like to begin is with your early life, to understand who you were as young man, coming of age as a Muslim in England. Abbasi: Subhaana Rabbiyal A`laa. What do you mean, what age do you want me to start at? Q: Start wherever you want to start. Wherever you feel the beginning is. Abbasi: The beginning? I will just cover my background from the beginning in brief. I was born in Entebbe, Uganda. My father is Pakistani. My mother is Nubian. Her background is that the grandfather, or the great grandfather, came from southern Sudan, and then settled in northern Uganda. - 
												
												Diss Koenig Final July 2013
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title Indefinite Detention / Enduring Freedom: What Former Detainees' Experiences Can Teach Us About Institutional Violence, Resistance and the Law Permalink https://escholarship.org/uc/item/72k8f2p2 Author Koenig, Kimberly Alexa Publication Date 2013 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California Indefinite Detention / Enduring Freedom: What Former Detainees’ Experiences Can Teach Us About Institutional Violence, Resistance and the Law By Kimberly Alexa Koenig A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Calvin Morrill, Chair Professor Marianne Constable Professor Laurel Fletcher Professor Jonathan Simon Fall 2013 Abstract Indefinite Detention / Enduring Freedom: What Former Detainees’ Experiences Can Teach Us About Institutional Violence, Resistance and the Law by Kimberly Alexa Koenig Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Calvin Morrill, Chair This dissertation focuses on the experiences of former Guantánamo detainees as communicated in 78 interviews. An analysis of those interviews centers on former detainees’ “worst” experiences to parse how those experiences might inform society’s understanding of cruel, inhuman and degrading treatment. The dissertation is organized into nine chapters. Chapter one situates this study in the context of the United States’ response to the events of 9/11, with an emphasis on the imprisonment of individuals at the U.S. detention center in Guantánamo Bay, Cuba. This chapter summarizes the major philosophical, legal and social science research relevant to detainees’ experiences—including analyses of cruel, inhuman and degrading treatment—and explains how this dissertation contributes to existing empirical work. - 
											
United Nations Working Group
UNITED E NATIONS Economic and Social Distr. Council GENERAL E/CN.4/2006/120 27 February 2006 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Sixty-second session Items 10 and 11 of the provisional agenda ECONOMIC, SOCIAL AND CULTURAL RIGHTS CIVIL AND POLITICAL RIGHTS Situation of detainees at Guantánamo Bay Report of the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, Leila Zerrougui; the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; the Special Rapporteur on freedom of religion or belief, Asma Jahangir; and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt Summary The present joint report is submitted by five holders of mandates of special procedures of the Commission on Human Rights who have been jointly following the situation of detainees held at the United States of America Naval Base at Guantánamo Bay since June 2004. Section I provides a legal analysis common to all five mandates. Sections II to V outline the legal framework specific to each mandate, as well as the particular allegations of human rights violations which concern them. The final section contains conclusions and recommendations. GE.06-11276 (E) 170306 E/CN.4/2006/120 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 5 4 I. THE LEGAL FRAMEWORK .................................................... 6 - 16 5 A. Human rights and counter-terrorism measures ................ 6 - 7 5 B. The obligations of the United States of America under international law ................................................... - 
												
												Raymond Interview
VJD Session One Interviewee: A. Raymond RandolphNathaniel Location: Washington Raymond D.C.Northampton, MassachusettsMA Interviewer: Myron Farber Ghislaine Date: January 15, 2013February 1, 2013 Boulanger (Q-1), Mary Marshall Clark (Q-2) VJD Interviewee: Nathaniel Raymond Session #1 Interviewer: Ghislaine Boulanger; Mary Marshall Clark Northampton, Massachusetts Date: 02/01/2013 GB:Q-1: This is February 1st.st. Mary Marshall Clark -- —I'm Ghislaine Boulanger, and we are here at the Northampton Public Library, and Calvin Coolidge Presidential Library, to interview Nathaniel Raymond. We're very excited to be doing this interview today. And Natty, I am going to start at the very beginning, and ask you where you were born. Raymond: I was born in BrimfieldSpringfield, Massachusetts, at Bay State Medical. I grew up in SpringfieldBrimfield, Massachusetts until I was in eighth grade; then I moved to Northborough, Massachusetts with my mom, and lived there until I went to college in 1995, at Drew University, in Madison, New Jersey. I lived here in Northampton since 2011, and most of my family is out here in western Massachusetts. Q:Q-1: And how did you get involved in this topic of human rights? Raymond -- 1 -- 2 Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Raymond: Well, that's a big question. For me, I grew up very involved in the Episcopal churchChurch, the Episcopal diocese of western Massachusetts, so for me, my first introduction to questions of social justice was through priests, and bishops, and lay people. The church would have been involved in the civil rights movement; and, more than anybody, it was through my mother who, from the earliest days, on a local level -- —my parents were involved in town government in Brimfield, and my mom and dad started this campaign when I was six or seven years old called Stop IT, to prevent -- —there was this company whose initial were IT, that was going to set up in farming country in western Mass. - 
												
												General Assembly A/HRC/7/3/Add.1 19 February 2008
UNITED NATIONS A Distr. GENERAL General Assembly A/HRC/7/3/Add.1 19 February 2008 ENGLISH/FRENCH/SPANISH Human Rights Council Seventh session Agenda Item 3 PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak Addendum Summary of information, including individual cases, transmitted to Governments and replies received* * The present document is being circulated in the languages of submission only as it greatly exceeds the page limitations currently imposed by the relevant General Assembly resolutions. GE.xx-xxxxxx A/HRC/7/3/Add.1 page 2 Contents Paragraphs Page Introduction………….………………………………………..…… 1-5 4 Mandate abbreviations………………………………………..…… 6 Summary of allegations transmitted and replies received…….…… 1-288 8 Afghanistan………………………………………………………... 1 8 Algeria……………………………………………………………... 2-8 9 Angola.....………...………………………………………….…..… 9 14 Armenia............................................................................................. 10 16 Bahrain…………………………………………………………..… 11-13 16 Bangladesh……………………………………………………...…. 14-22 20 Bhutan……………......…………………………………………..... 23 30 Brazil..……………......…………………………………………..... 24-25 30 Burundi……...…………………………………………………..…. 26 32 Cambodia.................……………………………………………..… 27-28 33 Canada………………….....……………………………………..… 29 34 Central African Republic………………………………………..… 30 40 Chad....…………………………………………………………..… - 
												
												Report on Torture and Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantánamo Bay, Cuba
REPORT ON TORTURE AND CRUEL, INHUMAN, AND DEGRADING TREATMENT OF PRISONERS AT GUANTÁNAMO BAY, CUBA July 2006 “You are in a place where there is no law – we are the law.” U.S. military intelligence officers1 REPORT ON TORTURE AND CRUEL, INHUMAN, AND DEGRADING TREATMENT OF PRISONERS AT GUANTÁNAMO BAY, CUBA TABLE OF CONTENTS Preface..........................................................................................................................................................................1 Introduction: The Accounts from Guantánamo ........................................................................................................3 I. A Legal Black Hole..................................................................................................................................................7 A. Enemy Combatants?.......................................................................................................................................7 B. Extreme Interrogation Techniques ..................................................................................................................9 II. Beyond the Law: Guantánamo, the Geneva Conventions, and the War Crimes Act........................................10 A. Abandoning the Geneva Conventions and International Humanitarian and Human Rights Law.................10 B. The Army Field Manual................................................................................................................................11 C. Avoiding Liability Under the War Crimes Act..............................................................................................13 - 
												
												Amnesty International
Public amnesty international USA: Detainees continue to bear costs of delay and lack of remedy Minimal judicial review for Guantánamo detainees 10 months after Boumediene 09 April 2009 AI Index: AMR 51/050/2009 1. Summary While some delay in fashioning new procedures is unavoidable, the costs of delay can no longer be borne by those who are held in custody. The detainees in these cases are entitled to a prompt habeas corpus hearing US Supreme Court, Boumediene v. Bush, 12 June 2008 The US administration is committed to closing the Guantánamo detention facility by 22 January 2010 under an executive order signed by President Barack Obama on 22 January 2009. However, the future remains uncertain for the detainees still held there as the executive review of their cases and of US detention policy ordered by the President gets underway. This uncertainty will continue to cause distress, as a military review of detention conditions ordered by President Obama has acknowledged. “Not knowing when they might depart Guantánamo has almost certainly increased tension and anxiety within the detainee population”, the review concluded in February 2009. It is now nearly six years since the International Committee of the Red Cross (ICRC) first revealed its concern about the negative psychological impact the indefinite detentions were having on large numbers of the individuals held at Guantánamo. The impact on families of the detainees has likewise been serious. While the Guantánamo detentions receive yet more executive review, which to date has remained largely non-transparent under the new administration as under its predecessor, the detainees are entitled to judicial review. - 
												
												Closing Guantanamo: the National Security, Fiscal, and Human Rights Implications
S. HRG. 113–872 CLOSING GUANTANAMO: THE NATIONAL SECURITY, FISCAL, AND HUMAN RIGHTS IMPLICATIONS HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND HUMAN RIGHTS OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JULY 24, 2013 Serial No. J–113–22 Printed for the use of the Committee on the Judiciary ( CLOSING GUANTANAMO: THE NATIONAL SECURITY, FISCAL, AND HUMAN RIGHTS IMPLICATIONS S. HRG. 113–872 CLOSING GUANTANAMO: THE NATIONAL SECURITY, FISCAL, AND HUMAN RIGHTS IMPLICATIONS HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND HUMAN RIGHTS OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JULY 24, 2013 Serial No. J–113–22 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PUBLISHING OFFICE 26–148 PDF WASHINGTON : 2018 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman DIANNE FEINSTEIN, California CHUCK GRASSLEY, Iowa, Ranking Member CHUCK SCHUMER, New York ORRIN G. HATCH, Utah DICK DURBIN, Illinois JEFF SESSIONS, Alabama SHELDON WHITEHOUSE, Rhode Island LINDSEY GRAHAM, South Carolina AMY KLOBUCHAR, Minnesota JOHN CORNYN, Texas AL FRANKEN, Minnesota MICHAEL S. LEE, Utah CHRISTOPHER A. COONS, Delaware TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut JEFF FLAKE, Arizona MAZIE HIRONO, Hawaii KRISTINE LUCIUS, Chief Counsel and Staff Director KOLAN DAVIS, Republican Chief Counsel and Staff Director SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND HUMAN RIGHTS DICK DURBIN, Illinois, Chairman AL FRANKEN, Minnesota TED CRUZ, Texas, Ranking Member CHRISTOPHER A.