DOS Cable re: Letter Received from Theo van Boven

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E794D4' 051026Z /38
P 050949Z FEB 04
FM USMISSION GENEVA
TO SECSTATE WASHDC PRIORITY 8866
INFO USMISSION USUN NEW YORK PRIORITY

UNCLAS GENEVA 000320
STATE FOR IO/SHA, DRL/MLA, L, L/HRR,
PASS TO. HHS

E.O. 12958: N/A
TAGS:'PHUM, UNHRC-1
SUBJECT: CHR SPECIAL RAPPORTEURS ON TORTURE AND HEALTH
REQUEST INVITATION TO GUANTANAMO

REF: A) GENEVA 03 3873 B) GENEVA 03 3376
1.
Mission has received the following letter from the Special
Rapporteurs on torture and the right to health ("the right to
everyone to the enjoyment of the highest attainable standard
of physical and mental health") requesting an invitation to
visit Guantanamo to investigate information regarding "the
physical and mental integrity of persons held at the
Guantanamo Bay military base, Cuba." A 'response has been
requested by February 27, 2004.

2.
Begin text.

"30 January 2004

Excellency,

We have the honour to write to you in our respective
capacities as Special Rapporteur on torture and Special
Rapporteur on the right to health in accordance with
resolutions 2001/62 and 2002/31 of the Commission on Human
Rights, respectively.

In context of the present communication, we would like to
refer to paragraph 5 of resolution 2002/31, which requests

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UNITED STATES DEPARTMENT OF STATE
DOS-000495
REVIEW AUTHORITY: FRANK E SCHMELZER UNCLASSIFIED DATE/CASE ID: 10 DEC 2004 200303827

UNCLASSIFIED
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the Special Rapporteur on the right to health, inter alia:

(a)
To gather, request, receive and exchange information from
all relevant sources, including Governments...on the
realization of the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health;

(b)
To develop a regular dialogue...with all relevant actors,
including Governments...;

(c)
To report on the status, throughout the world, of the
realization of the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health
(...) and on developments relating to this right, including
on laws, policies and good practices most beneficial to its
enjoyment and obstacles encountered domestically and
internationally to its implementation; (and)

(d)
To make recommendations on appropriate measures to
promote and protect the realization of the right of everyone
to the enjoyment of the highest attainable standard to
physical and mental health, with a view to supporting States'
efforts to enhance public health.

We would further like to refer to resolution 2003/32 of the
Commission on Human Rights entitled 'Torture and other cruel;
inhuman or degrading treatment or punishment', in which the
Commission, inter alia, "calls upon all Governments to give
serious consideration to responding favorably to the Special
Rapporteur's requests to visit their countries and urges them
to enter into a constructive dialogue with the Special
Rapporteur with respect to the follow-up to his
recommendations, so.as to enable him to fulfill his mandate
even more effectively."

Finally, we wish to draw your Excellency's attention to
Commission resolution 2002/84, entitled "Human Rights and
Thematic Procedures", which inter alia:

2. Encourages all Governments to cooperate with the
Commission through the pertinent thematic procedures by:

(a)
Responding without undue delay to requests for
information made to them through the thematic procedures, so
that the procedures may carry out their mandates effectively;

(b)
Considering inviting thematic Special Rapporteurs,
representatives, experts and working groups to visit their
countries;

c) Considering follow-up visits with a view to the effective
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DOS-000496

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implementation of recommendations by the thematic procedures
concerned;

3. Calls upon the Governments concerned to study carefully
the recommendations addressed to them under thematic
procedures and to keep the relevant mechanisms informed
without undue delay on the progress made towards their
implementation."

In the exercise of our mandates, we continue to receive
information in relation to the physical and mental integrity
of persons held at the Guantanamo Bay military base, Cuba.
In this connection,- on 22 October 2003 the Special Rapporteur
on torture met with Mr. DeLaurentis and Mr. Peay of the
Permanent Mission of the Untied States of America in Geneva,

in order to bring your Government's attention to allegations

received relating to such persons. By letter dated 8

December 2003, the Special Rapporteur on torture sought

clarifications on the substance of these allegations and

other related matters. To date, the Special Rapporteur has

not received a reply.

In the light of the above, we would like to request your

Government to extend an invitation to us to undertake a

mission to the Guantanamo Bay military base, in accordance

with the above-mentioned resolutions. The purpose of such a

mission will be to gather first-hand information related to

our respective mandates, in the spirit of co-operation and

dialogue, with a view to evaluating the situation and making

appropriate recommendations.

We would be grateful if the reply of your Government were to
be received at the Office of the United Nations High
Commissioner for Human Rights no later than 27 February 2004.

We shall also make ourselves available for consultations,
should your Excellency's Government wish to discuss these
matters further. Arrangements may be made through the Office
of the United Nations High Commission for Human Rights in
Geneva.

Please accept, Excellency, the assurances of.our highest
consideration.

////////
Theo van Boven

.

Special Rapporteur on torture

///////
Paul Hunt

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DOS-000497
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Special Rapporteur on the right to health

End of text.
Moley

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