ICRC REPORT ON THE TREATMENT OF FOURTEEN "HIGH VALUE DETAINEES" IN CIA CUSTODY
1. The ICRC has defined “undisclosed detention” broadly, to include: the detention of individuals by US authorities in undisclosed locations; the non-disclosure or hiding of detainees from the ICRC by US authorities and/or the denial of ICRC access to detainees known to the ICRC; and detention by third country authorities working in cooperation with US authorities, including the practice of rendition, when carried out in violation of the rules and principles of international law.
2. A list of the nine main written interventions was attached in annex to the 2004 report. In the 2006 report, a list of the 17 main written interventions was attached in annex.
3. This list contained 42 names in 2004, and 59 names in 2006. In both cases, the list included two children.
4. The content of this Note VerbaIe is acknowledged by the ICRC in its consolidated report of 18 April 2006.
5. The terms “detainee” and “detention” are also intended to cover “internees” and “internment”.
6. For four of these detainees, the first written request was made in January 2003; for nine detainees the first request was in 2004 (two in March, six in July 2004 and one in November 2004); and for one detainee the first request was made in November 2005. A complete list of the interventions made for each of these detainees has been attached in Annex 2. In the ICRC consolidated report on undisclosed detention of April 2006, these persons are identified in annex as identities number 3, 4, 7, 11, 12, 18, 19, 22, 23, 24, 25, and 38.
7. Report of ICRC Washington on the ICRC Visit to Fourteen Newly Arrived “High Value” Internees in Guantanamo Bay Internment Facility 06 October to 11 October 2006, WAS 06/210, 31 October 2006.
8. ‘Solitary confinement’ is the confinement of a detainee and the partial (where the restriction is nevertheless severe) or complete denial of contact with other detainees and/or the outside world. While solitary confinement often implies other forms of restrictions it does not necessarily require them.
9. The ICRC does not have access to the initial interrogation plan and use of techniques approved by the CIA. It has been informed by the Director of the CIA, General W. Hayden, that the objective of the CIA detention program was focused exclusively on the holding of foreign nationals for the purpose of extracting intelligence information in relation to the fight against terrorism, as directed by President Bush. Gen. Hayden outlined that the initial interrogation plan for a detainee was drafted by the interrogation team and submitted to the CIA headquarters for approval. Currently (and this may always have been the case, although the ICRC is not aware), both the interrogation plan and specific use of techniques must be approved by the Director or Deputy Director of the CIA.
10. Health personnel is nevertheless a broader term and should be understood to include physicians, psychiatrists, psychologists, nurses and other para-health staff.
11. Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN 1982; International Code of Medical Ethics World Medical Association 1949 (amended 1983); Declaration of Tokyo, World Medical Association 1975; Regulations in times of armed conflict, World Medical Association 1956, amended 2004; Resolution on the responsibility of physicians in the denunciation of acts of torture or cruel or inhuman or degrading treatment of which they are aware, World Medical Association 2003; International Council of Nurses Position Statement on Torture, Death Penalty and Participation by Nurses in Executions, Revised 2006; International Council of Nurses Position Statement on Nurses’ Role in the Care of Detainees and Prisoners. Revised 2006; International Council of Nurses Position Statement on Nurses and Human Rights. Revised 2006;World Psychiatric Association Declaration of Madrid, Amended 2002.
12. UN Standard Minimum Rules for the Treatment of Prisoners, United Nations 1955; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, UN General Assembly 1988.
13. Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN 1982.
14. Articles 71, 122, 126 of the Geneva Convention III (GC III); articles 25, 106, 107, 116, 138, 143 of the Geneva Convention III (GC IV).
15. Article 126 (2) GC III; article 143 (3) GC IV.
16. E.g. principles 16, 19 of the Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment (1998); rule 37 of the Standard Minimum Rules for the Treatment of Prisoners (1977).
17. Enforced disappearance has been defined in article 2 of the Convention for the Protection of all Persons from Enforced Disappearance (2006): “enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law”; as well as in the UN Declaration on the Protection of All Persons from Enforced Disappearance (1992): “enforced disappearances occur, in the sense that persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government or by organized groups or private individuals, acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law”.
18. E.g. articles 21, 118 GC III; articles 42, 78 GC IV; common article 3 to the Geneva Conventions; article 9 (1) of the Intemational Covenant on Civil and Political Rights (ICCPR, 1966). 19. Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).
20. The ICRC notes the remarks by General Hayden on 18 October 2006 that certain procedures would not be used in subsequent detention programs and the affirmation that common article 3 of the four Geneva Conventions applied as a matter of law to the treatment of any future CIA detention program. It was also indicated that the CIA did not intend to undertake detention of the duration previously used and that a significant reduction may be considered.
21. For an elaboration on the procedural principles and safeguards that should be applied as a minimum to all cases of deprivation of liberty for security reasons, please see the ICRC document entitled “Procedural principles and safeguards for interment/administrative detention in armed conflict and other situations of violence”, Jelena Pejic, International Review of the Red Cross, Vol. 87, number 858, pp. 375–391 (June 2005).
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