State Department cable from the U.S. Mission in Geneva to Washington containing a letter by Leila Zerrougui, the UN Special Rapporteur on Arbitrary Detention concerning persons being held by U.S. forces where the persons have not been charged with crimes and are not being afforded the basic protections of law.
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2AABO4 071505Z /38
R 071416Z JUN 04
FM USMISSION GENEVA
TO SECSTATE WASHDC 0950
INFO CPA BAGHDAD 0020
USMISSION USUN NEW YORK
UNCLAS SECTION 01 OF 02 GENEVA 001614
FOR IO/SHA, L/HRR
E.O. 12958: N/A
TAGS: PHUM, UNHRC-1
SUBJECT: COMMUNICATION PROM LEILA ZERROUGUI,
CHAIRPERSON/RAPPORTEUR, WORKING GROUP ON ARBITRARY
DETENTIONS REGARDING STATUS OF «mmarsms» IN «IRAQ»
1. MISSION HAS RECEIVED A COMMUNICATION FROM LEILA
ZERROUGUI, CHAIRPERSON/RAPPORTEUR, WORKING GROUP ON ARBITRARY
DETENTION DATED 3 JUNE 2004, REGARDING THE UNCERTAINTY OF THE
LEGAL STATUS OF «DETAINEES» IN «IRAQ».
2. BEGIN TEXT OF COMMUNICATION:
DEAR•MR. AMBASSADOR:
THECOMMISSION ON HUMAN RIGHTS BY RESOLUTION 2003/31 ENTITLED
.
"QUESTION OF ARBITRARY DETENTION", DECIDED TO RENEW, FOR A
THREE-YEAR PERIOD, THE MANDATE OF THE WORKING GROUP ON
ARBITRARY DETENTION. IT IS IN MY CAPACITY OF
CHAIRPERSON/RAPPORTEUR OF THE WORKING GROUP THAT I AM
ADDRESSING THE PRESENT LETTER TO YOU.
DURING ITS RECENT 39TH SESSION, WHICH WAS HELD IN GENEVA FROM
24 TO 28 MAY 2004, THE WORKING GROUP DECIDED TO EXPRESS TO
YOUR GOVERNMENT, AS WELL AS TO THE GOVERNMENT OF THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, TO THE
COALITION PROVISIONAL AUTHORITY (CPA), AND TO THE IRAQI
GOVERNING COUNCIL, ITS SERIOUS CONCERN REGARDING THE
UNCERTAINTY OF THE LEGAL STATUS OF MANY «DETAINEES» CURRENTLY
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UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: SHARON E AHMAD
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DATE/CASE ID: 24 NOV 2004 200303827
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SUBJECTED TO INTERROGATION IN «IRAQ», IN THE CONTEXT OF REPORTS OF TORTURE, ILL-cTJUJUMMU5, SEXUAL HUMILIATION AND ABUSES OF PEOPLE IN DETENTION BY THE «UNITED» «STATES» AND UNITED KINGDOM MILITARY OFFICERS SERVING UNDER THE CPA.
THE WORKING GROUP HAS RECEIVED REPORTS RELATING THAT MOST OF
PEOPLE IN DETENTION IN «IRAQ» ARE IN FACT NOT PRISONERS OF WAR •
OR SECURITY PRISONERS DETAINED IN CONNECTION WITH THE ARMED
CONFLICT, BUT PERSONS ARRESTED DURING PUBLIC DEMONSTRATIONS,
AT CHECK POINTS AND IN HOUSE RAIDS. SOME PEOPLE HAVE BEEN
ARRESTED IN CONNECTION WITH THE COMMISSION OF COMMON CRIMES.
SOME OTHER PERSONS HAVE BEEN ARRESTED BECAUSE THEY WERE
CONSIDERED "SUSPECTED OF ANTI-COALITION ACTIVITIES.”
THE WORKING GROUP KNOWS THE CURRENT FRAGILE SITUATION IN
«IRAQ». HOWEVER, IT IS SERIOUSLY DISTURBED BY THE FACT THAT
THESE PERSONS HAVE NOT BEEN GRANTED ACCESS TO A COURT TO BE
ABLE TO CHALLENGE THE LAWFULNESS OF THEIR DETENTION AS
REQUIRED BY THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL
RIGHTS (ARTICLE 9), FROM WHICH THE «MUTED» «STATES» IS A STATE
PARTY. IN THE WORKING GROUP'S VIEW, THIS SITUATION THREATENS
TO ERODE THE RESPECT OF HUMAN RIGHTS NORMS THAT PROTECT
EVERYONE ARRESTED, DETAINED OR TAKEN INTO CUSTODY.
CONSEQUENTLY, THE WORKING GROUP DECIDED TO REQUEST OFFICIAL INFORMATION FROM YOUR GOVERNMENT ABOUT THE LEGAL STATUS OF PERSONS DETAINED IN «IRAQ» BY «UNITED» «STATES» TROOPS AND ON THE APPLICATION TO THESE PERSONS OF THE PRINCIPLES, RULES AND NORMS ENSHRINED IN ARTICLES 9 AND 10 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND 9 AND 14 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.
THE WORKING GROUP WOULD ALSO LIKE TO RECEIVE INFORMATION ON
THE APPLICATION OF THE PRINCIPLES, RULES AND NORMS OF
INTERNATIONAL HUMANITARIAN LAW, AS ENSHRINED IN THE GENEVA
CONVENTIONS OF 12 AUGUST 1949, TO PERSONS ENTITLED IN
PRINCIPLE TO PRISONER-OF-WAR STATUS AND TO OTHER PROTECTED
PERSONS UNDER INTERNATIONAL HUMANITARIAN LAW, INCLUDING
SECURITY PRISONERS ARRESTED IN CONNECTION WITH THE ARMED
CONFLICT.
LASTLY, THE WORKING GROUP WOULD LIKE TO BE INFORMED ABOUT THE
FOLLOWING:
(I)
IF AMERICAN TROOPS CARRYING OUT ARRESTS ARE REGISTERING
THE FULL NAMES OF THE DETAINED PERSONS;
(II)
IF THEY ARE INFORMING THESE PEOPLE OF THE REASONS FOR
THEIR ARRESTS;
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(III) IF AMERICAN TROOPS ARE NOTIFYING THE FAMILIES OF THE
ARRESTED PERSONS AS TO THE WHEREABOUTS OF THEIR RELATIVES;
(IV)
IF THEY ARE RECORDING THE LEGAL BASIS FOR EACH
DETENTION; AND
(V)
IF THE ARRESTING AUTHORITIES ARE ESTABLISHING WHETHER
THE ARRESTED PERSON IS A PRISON-OF WAR, A PROTECTED PERSON
UNDER INTERNATIONAL HUMANITARIAN LAW, A PERSON ARRESTED IN
CONNECTION WITH SUSPECTED SECURITY OFFENCES OR A CRIMINAL
SUSPECT.
THE WORKING GROUP WOULD BE GRATEFUL IF YOUR GOVERNMENT COULD
IT WITH A REPLY AT YOUR EARLIEST CONVENIENCE.
PLEASE ACCEPT, DEAR MR. AMBASSADOR, THE ASSURANCES OF MY
HIGHEST CONSIDERATION.
GENEVA 00001614 002 OF 002
MUNICATION.
3.
MISSION WILL FAX COPY OF THE COMMUNICATION TO IO/SHA,
ATTENTION DIRECTOR.
4.
MINIMIZE CONSIDERED.
MOLEY
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