GENEVA: A United Nations (UN) watchdog has ruled that the United States (US) and seven other countries are responsible for the torture and illegal detention of a foreign prisoner awaiting a death penalty trial at the Guantanamo Bay detention facility.
The UN Working Group on Arbitrary Detention also suggested that the systematic use of Guantanamo to hold suspects captured during the “war on terror” could, in some cases, amount to crimes against humanity.
Abd al-Rahim al-Nashiri, brought the case against inhuman treatment at US prisons. Nashiri’s lawyers argued that he endured torture and abuse during his four-year detention at various CIA black sites in Afghanistan, Lithuania, Morocco, Poland, Romania, and Thailand, after being captured in Dubai in 2002. He was subsequently transferred to Guantanamo Bay in 2006 and remains detained there. Despite being charged in 2008, his military commission death penalty case is still in pre-trial proceedings.
In a recently disclosed opinion adopted last year, the UN working group determined that all eight countries involved, including the United States, bore joint responsibility for the torture and cruel treatment inflicted upon Mr. al-Nashiri.
They found that his claims of torture were unrefuted and held the countries accountable for his arrest, rendition, and arbitrary detention. Nashiri’s lawyer welcomed the decision, describing it as immensely powerful and important.
UN Watchdog Demand Immediate Steps
The working group, composed of five independent experts, urged the countries involved to take immediate steps to rectify Mr. al-Nashiri’s situation. They called for his immediate release, along with compensation and reparations.
Furthermore, they demanded a comprehensive and independent investigation into the circumstances surrounding his arbitrary deprivation of liberty, including his allegations of torture. The experts criticized the conditions at Guantanamo, highlighting deficiencies in medical care and reminding the United States government of its obligation to treat all detainees with humanity and respect for their inherent dignity.
The experts stressed that while their conclusions specifically addressed Nashiri’s case, they also applied to other detainees facing similar circumstances at Guantanamo Bay. They warned that under certain conditions, widespread or systematic imprisonment or severe deprivation of liberty in violation of international law could constitute crimes against humanity. The situation at Guantanamo, which currently holds 31 detainees, has drawn international scrutiny, and this ruling adds to the growing concerns regarding human rights violations at the facility.
