State Department cable from the U.S. Mission in Geneva containing a letter received by Ms. Asma Jahangir, UN Special Rapporteurs on Extrajudicial, Summary or Arbitrary Executions and Torture and Mr. Theo van Boven the Special Rapporteur on Torture regarding the twenty-two (22) Uighures being held at Guantanamo. The letter expresses concern over the saftey of the Uighures if they are returned to China after being resolved at Guantanamo.
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273E31 020641Z /38
R 020615Z JUN 04
FM USMISSION GENEVA
TO SECSTATE WASHDC 0866
INFO USMISSION USUN NEW YORK
UNCLAS SECTION 01 OF 02 GENEVA 001563
STATE FOR IO/SHA, DRL/MLA, L/HRR
E.O. 129. 58: N/A
TAGS: PHUM
SUBJECT: LETTER FROM SPECIAL RAPPORTEURS ON EXTRAJUDICIAL,
SUMMARY OR ARBITRARY EXECUTIONS AND TORTURE ON THE
DETENTION OF 22 ETHNIC-UIGHURS OF CHINESE NATIONALITY AT
GUANTANAMO BAY
1.
MISSION HAS RECEIVED THE FOLLOWING COMMUNICATION FROM MS.
ASMA JAHANGIR, SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY
OR ARBITRARY EXECUTIONS AND MR. THEO VAN BOVEN, SPECIAL
RAPPORTEUR ON TORTURE REGARDING 22 ETHNIC-UIGHURS OF CHINESE
NATIONALITY BEING HELD AT GUANTANAMO BAY.
2.
BEGIN TEXT:
EXCELLENCY,
WE HAVE THE HONOUR TO ADDRESS YOU IN OUR RESPECTIVE
CAPACITIES AS SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY OR
ARBITRARY EXECUTIONS AND SPECIAL RAPPORTEUR ON TORTURE
PURSUANT TO THE COMMISSION ON HUMAN RIGHTS RESOLUTIONS
2001/45 AND 2001/62 RESPECTIVELY.
IN THIS CONNECTION, WE WOULD LIKE TO DRAW THE ATTENTION OF
YOUR EXCELLENCY'S GOVERNMENT TO INFORMATION WE HAVE RECEIVED
REGARDING ABOUT 22 ETHNIC-UIGHURS OF CHINESE NATIONALITY.
IT IS ALLEGED THAT THEY ARE HELD AT CAMP 4 AT THE MILITARY
BASE IN GUANTANAMO BAY, CUBA, AND ARE AT RISK OF IMMINENT
FORCIBLE RETURN TO CHINA. THE «DIMMINEES» WERE ALLEGEDLY
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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
DATE/CASE ID: 17 NOV 2004 200303827 UNCLASSIFIED0DOS-002404
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CAPTURED IN THE CONTEXT OF THE ARMED CONFLICT IN «AFGHANISTAN»
AND TRANSFERRED TO «UNITED» «STATES» CUSTODY AROUND JANUARY 2002.
IT IS ALSO ALLEGED THAT A CHINESE GOVERNMENT DELEGATION
VISITED GUANTANAMO IN SEPTEMBER 2002 AND PARTICIPATED IN
INTERROGATIONS OF THE ETHNIC-UIGHUR «DITTAIWEES». IT IS ALLEGED
THAT THE «DETAINEES» WERE SUBJECTED TO INTIMIDATION AND
THREATS, AND TO "STRESS AND DURESS" TECHNIQUES SUCH AS
ENVIRONMENTAL MANIPULATION, FORCED SITTING FOR MANY HOURS,
AND SLEEP DEPRIVATION, SOME OF WHICH WERE CARRIED OUT ON THE
INSTRUCTIONS OF THE CHINESE DELEGATION.
WHILE WELCOMING REPORTS OF THE RELEASE OF THE «DETA/WEES»,
CONCERN IS EXPRESSED THAT THEY MAY BE AT RISK FOR TORTURE OR
OTHER FORMS OF ILL-«TMMUDLEMU5, OR EXECUTION SHOULD THEY BE
RETURNED.
WITHOUT-IN. ANY WAY IMPLYING ANY DETERMINATION ON THE FACTS OF
THE CASE, WE WOULD LIKE TO REFER YOUR EXCELLENCY'S GOVERNMENT
TO THE FUNDAMENTAL PRINCIPLES SET FORTH IN THE UNIVERSAL
DECLARATION OF HUMAN RIGHTS AND INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS. ARTICLES 3AND 6 OF THESE
.
INSTRUMENTS, RESPECTIVELY, PROVIDE THAT EVERY INDIVIDUAL HAS
THE RIGHT TO LIFE AND SECURITY OF THE PERSON, THAT THIS RIGHT
SHALL BE PROTECTED BY LAW AND THAT NO ONE SHALL BE
ARBITRARILY DEPRIVED OF HIS OR HER LIFE.
WE WOULD ALSO LIKE TO REFER YOUR EXCELLENCY'S GOVERNMENT TO
• THE FOLLOWING NORMS AND PRINCIPLES WHICH ARE PARTICULARLY
RELEVANT TO THE ABOVE ALLEGATIONS:
PRINCIPLES ON THE EFFECTIVE PREVENTION AND INVESTIGATION OF
EXTRA-LEGAL, ARBITRARY AND SUMMARY EXECUTIONS, ECONOMIC AND
SOCIAL COUNCIL RESOLUTION 1989/65 OF 24 MAY 1989. IN
PARTICULAR, PRINCIPLE 5 PROVIDES THAT NO ONE SHALL BE
INVOLUNTARILY RETURNED OR EXTRADITED TO A COUNTRY WHERE THERE
ARE SUBSTANTIAL GROUNDS FOR BELIEVING THAT HE OR SHE MAY
BECOME A VICTIM OF EXTRA-LEGAL, ARBITRARY OR SUMMARY
EXECUTION.
WE WOULD LIKE TO RECALL YOUR EXCELLENCY'S GOVERNMENT TO THE
FUNDAMENTAL PRINCIPLES ENUNCIATED IN ARTICLE 5 OF THE
UNIVERSAL DECLARATION OF HUMAN RIGHTS AND REITERATED IN
ARTICLE 7 OF THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS, WHERE IT IS PROVIDED THAT NO PERSON SHOULD
BE SUBJECTED TO TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
«TREATMENT» OR PUNISHMENT. THE HUMAN RIGHTS COMMITTEE, IN ITS
GENERAL COMMENT 20 ON ARTICLE 7, HAD STATED THAT STATE
PARTIES "MUST NOT EXPOSE INDIVIDUALS TO THE DANGER OF TORTURE
OR CRUEL, INHUMAN OR DEGRADING «TREATMENT» OR PUNISHMENT UPON
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RETURN TO ANOTHER COUNTRY BY WAY OF EXTRADITION, EXPULSION,
OR REFOULEMENT." WE WOULD FURTHER MENTION THAT UNDER ARTICLE
3 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING «TREATMENT» OR PUNISHMENT, NO STATE PARTY SHALL
EXPEL, RETURN (REFOULER), OR EXTRADITE A PERSON TO ANOTHER
STATE WHERE THERE ARE SUBSTANTIAL GROUNDS FOR BELIEVING THAT
THE PERSON WOULD BE IN DANGER OF BEING SUBJECTED TO TORTURE.
IN OUR OPINION, THE PRINCIPLE CONTAINED IN THE HUMAN RIGHTS
COMMITTEE'S STATEMENT AND THE ABOVE PROVISION OF THE
CONVENTION TORTURE REPRESENTS AN INHERENT PART OF THE OVERALL
FUNDAMENTAL OBLIGATION TO AVOID CONTRIBUTING IN ANY WAY TO A
VIOLATION OF THE PROHIBITION OF TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING «TREATMENT» OR PUNISHMENT.
IN RELATION TO A PREVIOUSL LETTER OF THE SPECIAL RAPPORTEUR
ON TORTURE DATED 8 DECEMBER 2003, CONCERNING THE RELEASE OF
«DETAINEES» FROM GUANTANAMO BAY (E/CN.4/2004/56/ADD.1, PARA
1821), THE SPECIAL RAPPORTEURS NOTE YOUR EXCELLENCY'S
GENEVA 00001563 002 OF 002
FIC ASSURANCES FROM
CONCERNED GOVERNMENTS, PARTICULARLY OF HUMANE 711mommauT»,
BEFORE RETURN, AND WOULD TAKE STEPS TO INVESTIGATE CREDIBLE
ALLEGATIONS OF TORTURE AND TAKEN APPROPRIATE ACTION IF THERE
WERE REASON TO BELIEVE THAT THOSE ASSURANCES WERE NOT BEING
HONOURED. WE WOULD LIKE TO APPEAL,TO YOUR EXCELLENCY'S
GOVERNMENT TO REFRAIN FROM DEPORTING THE AFOREMENTIONED
PERSONS TO CHINA, UNLESS YOUR EXCELLENCY'S GOVERNMENT OBTAINS
AN UNEQUIVOCAL GUARANTEE FROM THE GOVERNMENT OF CHINA THAT
THEY WOULD NOT BE SUBJECTED TO TORTURE OR ANY OTHER FORMS OF
• ILL-«77REJUMMINT5 UPON RETURN, AND THAT A SYSTEM TO MONITOR THE
.‹.enuuommam» OF THE PERSONS IN QUESTION HAS BEEN PUT INTO PLACE
WITH A VIEW TO ENSURING THAT THEY WILL BE TREATED WITH
RESPECT OF THEIR HUMAN DIGNITY.
WE WOULD GREATLY APPRECIATE RECEIVING INFORMATION FROM YOUR
EXCELLENCY'S GOVERNMENT CONCERNING THE STEPS TAKEN BY THE
COMPETENT AUTHORITIES IN COMPLIANCE WITH THE PROVISIONS
CONTAINED IN THE INTERNATIONAL LEGAL INSTRUMENTS REFERRED TO
ABOVE, AS THEY APPLY TO THE AFOREMENTIONED PERSONS.
ACCEPT, EXCELLENCY, THE ASSURANCES OF OUR HIGHEST
CONSIDERATION.
ASMA JAHANGIR, SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY
OR ARBITRARY EXECUTIONS.
THEO VAN BOVEN, SPECIAL RAPPORTEUR ON TORTURE.
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END TEXT.
3. MISSION WILL TRANSMIT BY FAX A COPY OF THE LETTER TO
IO/SHA, ATTENTION DIRECTOR.
MOLEY
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