Letter from Leila Zerrougui, Chairperson-Rapporteur of the Working Group on Arbitrary Detention to U.S. Ambassador Moley re: Detainees Subject to the Military Order on Detention

This letter is from Leila Zerrougui, Chairperson-Rapporteur of the Working Group on Arbitrary Detention under the United Nations Human Rights Council to U.S. Amb. Moley concerns the military detention of Feroz Ali Abassi, Moazzam Begg, David Hicks, Salim Ahmed Hamdan, Hamza Ahmad Suliman al Bahlul and Ibrahim Ahmed Mahmoud al Qosi. Ms. Zerrougui raises concerns over the military commissions and the opportunity to appeal any sentence handed down under the procedures of the court. Ms. Zerrougui asks that "take all necessary measures to guarantee the right of the above named persons not to be deprived arbitrarily of their liberty and to fair proceeding before an Independent and impartial tribunal, in accordance with articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights.

Monday, June 28, 2004
Wednesday, December 29, 2004

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28 lune 2004
I have the honour to iukiresa you in my capacity as Clusisparzion-Reppurteer of the Working Group on Arbitrary Detaatism pursuant to Col iuioA OA Human Rights resoludein 2003/31.
In this connection, I would like to draw the attention of your Government Os Infix:nation I have received regarding Yeroz AB Abbell (m). UK national. aged 23. Monism Bags (m). WC/Pakistannatant/LI, aged 35, Ara Hicks (m), Australian national, aged 28, Salim Ahmed Hamden (ro), Yemen ninionel, aged 34, All Barnes Ahmed Sulayinan al Bahlul (r11), Yemen national and Ibrahim Ahmed hissisnauod mI Qoal (m). Sudan national why rusidiu u, wlitaty uvuLOsOtiont kr US military custody in Guantiummo Bay, Cuba. They are reportedly the only detainees so Mr ma& aubjeet to the Military Order on the Detention, Treatment and Trial of C.ertebs Non-Citi ss in OW War Alehist Tern:Irina signed by President Bush in November 2001_ Those held under the Onder can reportedly be detained indefinitely without 'charge or trial. They ems also be tried by esilitaty ocauniettions, whose vat diets, including death acntencr.s, cannot be appealed in any court. Three of them, Ali Manta Ahmed BiLlayuaut. ai Bahlul, Ibrahim Ahmed Mahmoud al Qosi and David Hicks, have allegedly been abased with conspiracy to commit war crimes. No dates for reir trials hays been set, but reportedly David Hicks may faro a military commission in August.
All six man arc befit-rut to be held In Camp Us°, the part of the Clueuninamo facility where For commission detainees are held Eacb mac it allegedly held for 23-24 hours a day in a reportedly windowlesa cell with no possibility of eommunicacton with other detainees. Prolonged isolation in conditions of reduced sensory stimulation oats reportedly pause sevens physical and psychological damage. In a. declaration signed on 31 March 2004, paphiatriet Dr Daryl Matthews, wise visited Guatttinamo in 2003 at the invitation of the Pentagon, stated that tht solitary ceniinement places the detainees "at slignii3otait risk for fixture psychiatric dareinragion, possibly including the development of irreversible psychiatric symptoms.
The announcement that these six detaineos weep subject to the Military Order cone reportedly on 3
July 2003, and they were aupposcdly transferred to Camp Echo after this. Salim Ahmed Hamden, who ham been In US custody since November 2001, was tranaferred to Camp Ecbo in early December 2003, while Fero: Abbasi and Moazzam Begg are believed to have been held there loneer, ha a separate development,
H.E. M. Kevin& Moley
enaciaertc MissiOn of she United States Or AtteriCra

Geneve DATE/CASE ID: 10 DEC 2004 200303827
Received Time 28•Jun• 14:29.

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All llama Ahmed Sulaynum al Bahlul's military lawyer add on 22 lune that be has not met with hie client for two months because of delays obtaining AllOUTIV clearance for an interpreter.
Concerns have been expressed that any guilty pleat or detsitee testimony before the military commissions could be the result of the coercive nature of the conditions in which the detainees have long been held without taw legal proven. The conditions in Camp Echo ere likely to leave the detainees he even more sueceenble to raveholo cal aostsion and false conthssion. A0cording to Dr Marthowe's declared° as said that he has considered o ameliorate his situation. a p on in a US federal court oil *behalf 6 military lawyerallegedly claims that the authorities have told the prisoner that he shall remain in cur o y wail such time ea he wishes to plead guilty to ciente unspecified crime against the /Jolted States In a manner satisfactory toMme authorldes], and that his appointed defense counsel is not authorized to mount any legal defense to either his detention or the circumstances of his incarceration, but rather is available only to assist Mr
In pleading guilty to some unspecified offcesc.
Without in any way making any determination on the facts end circumstances of this ease and on
whether the detention of the above-mentlOned portions Is arbitrary or not, I would like to appeal to your Excellency's Government, to take ail necessary measures to guarantee the right of the above nantedpercons not to be deprived arbitrarily of their liberty and to fair proceeding before an Independent and impartial tribunal, in accordance with ertiolas 9 and 10 of the Universal Declaration ofHum= Rights and articles 9 and 14 of the Intenontiemal Covenant on Civil end Political Matta.
would greatly appreciate receiving intimation from your Govennmcn concerning the steps taken by the competent authorities in compliance with the provisions contained Inu?...A..nraniatiopel legalinstruments referred to above, as they apply to the aforementioned parsons.
Accept, Excellency, the aasaranece of my highest conalderation.
Lelia Zerragui Chairperson•appotteur of the Working Gimp C111 Artliingy Detention
Received Time 28.Jun. 14:29