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The Situation Of Guantanamo Bay Has Been Condemned As A Breach Of The Human ...


The situation of Guantanamo Bay has been condemned as a breach of the Human Rights Law it is pertaining to protect. Amnesty International has reported the following expected breaches:
As the memorandum details, the USA has denied or threatens to deny the internationally recognized rights of people taken into its custody in Afghanistan and elsewhere, some 300 of whom have been transferred to Camp X-Ray in Guantánamo Bay. Among other things, Amnesty International is concerned that the US Government has:
transferred and held people in conditions that may amount to cruel, inhuman or degrading treatment, and that violate other minimum standards relating to detention;
refused to grant people in its custody access to legal counsel, despite ongoing interrogations which may lead to prosecutions;
refused to grant people in its custody access to the courts to challenge the lawfulness of their detention;
refused to disclose full information about the circumstances of many of the arrests, including whether they occurred in Afghanistan, Pakistan, or elsewhere;
undermined human rights protections in cases of people taken into custody outside Afghanistan and transferred to Guantanamo Bay. For example, six Algerian nationals were seized in Bosnia-Herzegovina and transferred to Camp X-Ray, in apparent violation of Bosnian and international law;
undermined the presumption of innocence through a pattern of public commentary on the presumed guilt of the Guantanamo detainees;
threatened to apply a second-class justice system by selecting foreign nationals for trial before military commissions - executive bodies lacking clear independence from the executive and with the power to hand down death sentences, and without the right of appeal to an independent and impartial court;
raised the prospect of indefinite detention without charge or trial, or continued detention after acquittal by military commission, or repatriation that may threaten the principle of non-refoulement
failed to show that it conducted an impartial and thorough investigation into allegations of human rights violations against Afghan villagers detained by US soldiers in Afghanistan.
The US government has refused to grant any of the detainees in Afghanistan or Guantanamo Bay prisoner of war status, or to bring any disputed cases before a competent tribunal as required under the Geneva Conventions.
In short the actions of the US government at Guantanamo Bay signify a flagrant breach of humanitarian law, because the prisoners are neither of war or international crime. In any case the detainees should have been afforded a fair and impartial tribunal, regardless of there status; however without being given grounds for detention also indicates a breach of a loss of liberty; as well as impartiality; and the presumption of innocence.
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