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Argument: Guantanamo tribunals shirk impartial investigation, impunity

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  • "Economic, Social, and Cultural Rights. Civil and Political Rights. Situation of detainees at Guantánamo Bay". United Nations Economic and Social Council. February 15, 2006 - "Lack of impartial investigation/impunity 56. As noted elsewhere in this report, detainees did not have access to judicial procedures for prolonged periods. Investigations into allegations of torture or CIDT were conducted by different parts of the executive branch,79 and lacked impartiality. No independent judicial investigation seems to have taken place into any allegations of torture or ill-treatment, a clear violation of international minimum standards. Consequently, no one was brought to justice for having committed acts of torture.80 It is of concern that there appear to have been attempts to ensure impunity for perpetrators of torture or ill-treatment.81 The Special Rapporteur takes the view that the lack of any independent investigation into the various allegations of torture and ill-treatement at Guantánamo Bay amount to a violation of the obligations of the United States under articles 12 and 13 of the Convention against Torture. He therefore agrees with the European Parliament’s call on the United States administration to “allow an impartial and independent investigation into allegations of torture and mistreatment for all persons deprived of their liberty in US custody”.82"
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