Doc. 10585

17 June 2005

Lawfulness of detentions by the United States in Guantánamo Bay

Recommendation 1699 (2005)

Reply from the Committee of Ministers

adopted at the 930th meeting of the Ministers’ Deputies (15 June 2005)

1.       The Committee of Ministers takes note of Parliamentary Assembly Recommendation 1699 (2005) on
the lawfulness of detentions by the United States in Guantánamo Bay together with the related Resolution 1433 (2005).

2.       In doing so, it confirms its own commitment to the fundamental principles regarding detention, fair trial and the treatment of detainees including the prohibition of torture and inhuman or degrading treatment or punishment, as affirmed in Articles 3, 5 and 6 of the European Convention on Human Rights and corresponding provisions of the International Covenant on Civil and Political Rights (ICCPR). It underlines the importance of respect by all signatories including the United States of America of their international legal obligations in particular under the ICCPR, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1949 Geneva Conventions and Protocols thereto as well as the need to observe all other rules of international humanitarian law concerning the treatment of persons captured or detained in the context of an armed conflict.

3.       The Assembly will be aware that the governments of certain member states, and not only those having citizens, nationals or former residents amongst the detainees, have been involved in intensive bilateral activity with the Government of the United States of America concerning this issue. The Committee of Ministers expresses its full support to all such efforts and to all efforts to obtain a prompt release or fair trial of persons detained at Guantánamo Bay by an independent and impartial court. It urges the United States Government to ensure that the rights of all detainees are secured and that the principle of the rule of law is fully respected. For its own part, it expresses the determination of the member states to ensure that the rights of persons released and returned to their jurisdiction are fully respected.

4.       The Committee of Ministers will convey a message in these terms to the Government of the United States of America.