A-HRC-13-42

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A/HRC/13/42 page 46 their links with such suspects. Various sources have spoken of techniques involving physical and psychological means of coercion, including stress positions, extreme temperature changes, sleep deprivation, and “waterboarding” (means by which an interrogated person is made to feel as if drowning). With reference to the well-established practice of bodies such as the Human Rights Committee and the Committee against Torture, the Special Rapporteur concludes that these techniques involve conduct that amounts to a breach of the prohibition against torture and any form of cruel, inhuman or degrading treatment. 105. Several of the 28 detainees who, according to Mr. Bradbury, were subjected to “enhanced techniques to varying degrees” were also “high value detainees”. Fourteen people were transferred from secret CIA custody in an undisclosed location to confinement at the Defense Department’s detention facility in Guantanamo Bay, as announced by President Bush on 6 September 2006. 173 They were: • Abu Zubaydah (Palestinian), captured in Faisalabad, Pakistan, on 28 March 2002 • Ramzi bin al-Shibh (Yemeni), captured in Karachi, Pakistan, on 11 September 2002 • Abd al-Rahim al-Nashiri (Saudi), captured in the United Arab Emirates in October or November 2002 • Khalid Sheikh Mohammed (Pakistani), captured in Rawalpindi, Pakistan, on 1 March 2003 • Mustafa al-Hawsawi (Saudi), captured with Khalid Sheikh Mohammed in Rawalpindi, Pakistan, on 1 March 2003 • Majid Khan (Pakistani), captured in Karachi, Pakistan, on 5 March 2003 • Waleed Mohammed bin Attash (Yemeni), also known as Khallad, captured in Karachi, Pakistan, on 29 April 2003 • Ali Abd al-Aziz Ali (Pakistani) also known as Ammar al-Baluchi, captured with Waleed bin Attash in Karachi, Pakistan, on 29 April 2003 • Mohammed Farik bin Amin (Malaysian), also known as Zubair, captured in Bangkok on 8 June 2003 • Riduan Isamuddin (Indonesian), also known as Hambali, also known as Encep Nuraman, captured in Ayutthaya, Thailand, on 11 August 2003 173 “President Discusses Creation of Military Commissions to Try Suspected Terrorists”, 6 September 2006, http://georgewbush-whitehouse.archives.gov/news/releases/ 2006/09/20060906-3.html.
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 2005 174 106. 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.” 178 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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