28May02

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ICHR Requests the US Government to Provide Information Regarding the Legal Status of the Guantanamo Bay Detainees.

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INTER - AMERICAN COMMISSION ON HUMAN RIGHTS
COMISIÓN INTERAMERICANA DE DERECHOS HUMANOS
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERAMERICAINE DES DROITS DE L'HOMME

ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C. 2 0 0 0 6 U.S.A.

May 28, 2002

Ref. Detainees in Guantanamo Bay, Cuba
Precautionary Measures

Dear Mr. Ratner:

On behalf of the Inter-American Commission on Human Rights I wish to inform you that, by note of today's date, the Commission transmitted the pertinent parts of your May 13, 2002 observations in the matter cited above to the United States.

In its communication, the Commission addressed the United States in the following terms:

The Commission has observed that the Petitioners' observations contain new information concerning the Guantanamo Bay detainees. In particular, the Petitioners contend that certain detainees in Guantanamo Bay were not captured on any battlefield in the course of the on-going hostilities, including six Algerian citizens arrested by US authorities in Bosnia and ten Kuwaiti nationals arrested in Pakistan. The Petitioners have also raised additional concerns regarding the detainees' conditions of detention, among which are allegations that certain detainees may be suffering from mental disorders. This information appears to confirm the Commission's previous finding that the legal status of the detainees at Guantanamo Bay is unclear, and that the uncertainty of their status is placing them increasingly at risk of irreparable harm.

The Commission hereby requests that Your Excellency's government provide information in respect of the Petitioners' observations within 30 days from the date of receipt of this communication. The Commission would also appreciate information regarding the legal status of the Guantanamo Bay prisoners, if there has been any change in that status since Your Excellency's response of April 11, 2002, as well as information concerning compliance with the Commission's request for precautionary measures.

In accordance with the preventative functions of these measures, we ask that you inform the commission of any pertinent developments in the circumstances of the detainees at Guantanamo Bay

Sincerely yours,

Ariel Dulitzky
In charge of the Executive Secretariat

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Documentation Note: This communication was sent to Michael Ratner et al., Center for Constitutional Rights on May 28, 2002.

State of Exception and Human Rights

This document has been published on 29Jan04 by the Equipo Nizkor and Derechos Human Rights.