RELEVANT INTERNATIONAL STATEMENTS A. Organizations UN High Commissioner For Human Rights (UNHCHR) International Committee Of The Red Cross / Red Crescent (ICRC) ACLU Amnesty International Human Rights Watch B. Nations Germany Switzerland France Cuba >>> ORGANIZATIONS <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< STATEMENT OF HIGH COMMISSIONER FOR HUMAN RIGHTS ON DETENTION OF TALIBAN AND AL QAIDA PRISONERS AT US BASE IN GUANTANAMO BAY, CUBA (UNHCHR) http://www.unhchr.ch/huricane/huricane.nsf/newsroom 16 January 2002 The following was issued today by United Nations High Commissioner for Human Rights Mary Robinson: According to recent reports, 30 Taliban and Al Qaida prisoners from Afghanistan arrived at the United States Naval Base in Guantanamo Bay, Cuba, on 14 January, 2002, to join a first group of 20 prisoners transferred from Afghanistan starting on 11 January. The reports include allegations about the manner in which the prisoners were transported and the conditions in which they are being detained. Detailed information on these specific allegations is not yet available. I am aware that there are a number of legal issues and these are under active consideration by the US authorities. I am also aware that the International Committee of the Red Cross will have access to the prisoners and that there will be consular access. It is appropriate to recall that there are international legal obligations that should be respected. In particular, I would like to recall that: · All persons detained in this context are entitled to the protection of international human rights law and humanitarian law, in particular the relevant provisions of the International Covenant on Civil and Political Rights (ICCPR) and the Geneva Conventions of 1949. · The legal status of the detainees, and their entitlement to prisoner-of-war (POW) status, if disputed, must be determined by a competent tribunal, in accordance with the provisions of Article 5 of the Third Geneva Convention. · All detainees must at all times be treated humanely, consistent with the provisions of the ICCPR and the Third Geneva Convention. · Any possible trials should be guided by the principles of fair trial, including the presumption of innocence, provided for in the ICCPR and the Third Geneva Convention. See also: http://www.unhchr.ch/huricane/huricane.nsf/newsroom INTERNATIONAL COMMITTEE OF THE RED CROSS / RED CRESCENT (ICRC) 9 February 2002 Press Release Geneva Convention on prisoners of war Geneva (ICRC) -The International Committee of the Red Cross (ICRC) welcomes the United States' reaffirmation of the applicability of the Third Geneva Convention to the international armed conflict in Afghanistan, and its recognition of the treaty's importance and value. International Humanitarian Law foresees that the members of armed forces as well as militias associated to them which are captured by the adversary in an international armed conflict are protected by the Third Geneva Convention. There are divergent views between the United States and the ICRC on the procedures which apply on how to determine that the persons detained are not entitled to prisoner of war status. The United States and the ICRC will pursue their dialogue on this issue. The ICRC remains firmly convinced that compliance with international humanitarian law in no manner constitutes an obstacle to the struggle against terror and crime. International humanitarian law grants the detaining power the right to legally prosecute prisoners of war suspected of having committed war crimes or any other criminal offence prior to or during the hostilities. The United States has demonstrated its respect and support for the ICRC's humanitarian mandate and activities in past and present conflict situations. ICRC delegates continue to be able to visit all persons detained by US forces both in Afghanistan and Guantanamo Bay, in accordance with the organization's mandate set forth in the Third Geneva Convention. -------------------------------------------------------------------------------- International Commission of Jurists http://www.icj.org/press/press01/english/bush12.htm -------------------------------------------------------------------------------- ACLU http://www.aclu.org/news/2002/n032002c.html -------------------------------------------------------------------------------- AMNESTY INTERNATIONAL http://web.amnesty.org/web/news.nsf/print/BE65C091A5F766B580256B84005D034C -------------------------------------------------------------------------------- HUMAN RIGHTS WATCH http://www.hrw.org/press/2002/03/tribunals0321.htm -------------------------------------------------------------------------------- >>> NATIONS <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< GERMANY http://www.auswaertiges-amt.de/www/en/laenderinfos/laender/laender_ausgabe_archiv?land_id=188&a_type=Press%20releases&archiv_id=2588 Federal Foreign Minister Joschka Fischer issued the following statement on 22 January 2002 on the Guantanamo detainees "In the fight against international terrorism we are also defending our fundamental values. They apply without distinction to all persons and protect life and the dignity of the individual. These principles must be upheld in the battle against terrorism. With regard to the detainees in Guantanamo, we therefore believe that they should be treated as prisoners of war, regardless of their subsequent final status. In keeping with humanitarian international law as provided for in the Geneva Convention, that means: humane treatment respect for the person and his honour protection against acts of violence and intimidation a right to medical treatment guarantees in keeping with the rule of law during trial proceedings. The ICRC, which the US has granted full access and inspection rights in Guantanamo detainee camp, is monitoring the full compliance with these standards under international law. It goes without saying that the prisoners must be called to account individually for any crimes they have committed. The German Government has entered into talks with the American side on the legal status and the treatment of those detained in Guantanamo." published: 22.01.2002 SWITZERLAND http://www.swissemb.org/press/releases/prison.html 22.01.2002: Prisoners taken in the war in Afghanistan: Switzerland's position Switzerland demands that the prisoners taken during the war in Afghanistan who are currently detained in Guantanamo Bay, Cuba, be classified as prisoners-of-war in conformity with international law as stipulated in the Third Geneva Convention. State Secretary Franz von Däniken explained this in talks with the US Ambassador in Switzerland, Mercer Reynolds III. In connection with the arrest and detention of the persons taken prisoner in Afghanistan, from the perspective of international law and in particular from that of human rights law, the question arises of the status of these persons and of the conditions of their transfer and imprisonment. Switzerland recalls that the universal rules and principles on protecting people against arbitrary treatment, including the prohibition of cruel, inhumane or humiliating treatment, must be respected in all circumstances. Furthermore, for as long as their status is not clarified by a competent court, the Guantanamo Bay detainees are to be classified as prisoners-of-war in accordance with Article 5 of the Third Geneva Convention. Consequently, they have the right to the protection reserved for persons with this status as stipulated in the Convention. Together with the International Committee of the Red Cross (ICRC) and the UN High Commissioner for Human Rights, Switzerland takes the view that the detainees in Guantanamo Bay should have this status at least for the time being. This implies that the ICRC must have access to the prisoners at all times; they must not be transported under conditions inferior to those which apply for transporting the troops of the power which has taken them prisoner (Art. 46). The status of prisoner-of-war can only be lifted by a competent court (Art. 5). If the Third Geneva Convention is not applicable, the persons concerned are to be treated in all circumstances according to the rules and principles of human rights, and their right to a fair trial is to be respected in accordance with Art. 5 of the Fourth Geneva Convention. Since the beginning of the attacks on the positions of the Taliban and al-Qaeda on 7 October 2001, Switzerland has underlined that the fight against terrorism must be conducted in conformity with international law. Indiscriminate attacks against civilians are in breach of international law. It must be stressed that to compromise international law and to diminish protection of the human being would undermine the fight against that very terrorism which threatens this protection. -------------------------------------------------------------------------------- FRANCE http://www.diplomatie.gouv.fr/actualite.gb/article.asp?cat=3&th=0&ar=1524 -------------------------------------------------------------------------------- CUBA http://www.granma.cu/ingles/enero02-3/3declar-i.html http://www.iacenter.org/cuba_stmnt0102.htm --------------------------------------------------------------------------------