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AI report: Guantánamo detainees still waiting for judicial review

Amnistía Internacional publicou onte un informe dunhas oitenta páxinas sobre os presos de Guantánamo. Algúns aínda non pasaron por un tribunal, outros seguen encarcerados despois de que os tribunais decretasen a súa liberación. Particularmente graves son os casos daqueles presos que poderían ser entregados a países onde están expostos a violacións dos Direitos Humanos como a tortura, a detención ilegal e mesmo a pena de morte. O informe leva por título “USA: Detainees continue to bear costs of delay and lack of remedy”. Copio un extracto da súa introducción:

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. Yet 10 months after the US Supreme Court ruled, in Boumediene v. Bush on 12 June 2008, that the detainees were entitled to a “prompt” habeas corpus hearing to challenge the lawfulness of their detention, only a handful of them have received a hearing on the merits of their challenges. Moreover, indefinite detention has continued even in cases where judges have ordered the immediate release of detainees after such hearings. Having so far resisted the release into the USA of detainees who cannot be returned to their own countries, including detainees whose detention has been ruled unlawful by the US courts, the new administration’s default position to date appears to have been to expect other governments to accept such detainees, with whatever delays negotiations to this end may entail. In the case of 17 Uighur detainees who would face possible torture and execution if returned to China, the diplomatic negotiations have been unsuccessful for years and they were still in Guantánamo in early April 2009, six months after a judge ruled their detention unlawful and ordered their immediate release into the USA.

At the time of the presidential inauguration on 20 January 2009, there were some 245 men still held at Guantánamo, about 200 of whom had habeas corpus petitions pending in District Court. Between inauguration and early April 2009, one detainee was released from Guantánamo, and the rest remained in indefinite detention there. Amnesty International considers it unacceptable that any Guantánamo detainee continues to be held without charge or trial, and calls for each detainee to be either charged with a recognisable criminal offence for trial under fair procedures in existing federal courts or released immediately. […]

10 Abril 2009 - Posted by | Amnesty International, Human Rights, Politics, United States

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