Cable is a forwarding of a request from the Chairman-Rapporteur of the Working Group on Arbitrary Detention to visit and examine the detainees in the custody of the U.S.
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P 241716Z JAN 02 FM USMISSION GENEVA TO SECSTATE WASHDC PRIORITY 5960
INFO USMISSION USUN NEW YORK
UNCLAS GENEVA 000255
FOR IO/SHA, H/LRR, DRL/MLA
E.O. 12958: N/A TAGS: PHUM, UNHRC-1 SUBJECT: REQUEST FROM CHAIRMAN-RAPPORTEUR OF THE WORKING GROUP ON ARBITRARY DETENTION
1.
MISSION HAS RECEIVED A COMMUNICATION DATED JANUARY 22, 2002, FROM THE CHAIRMAN-RAPPORTEUR OF THE WORKING GROUP ON ARBITRARY DETENTION IN THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS.
2.
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DEAR MR. AMBASSADOR,
THE ATTENTION OF THE WORKING GROUP ON ARBITRARY DETENTION HAS
BEEN DRAWN TO THE SITUATION OF PERSONS WHOSE DETENTION IS
RELATED WITH THE INVESTIGATIONS THAT HAVE BEEN INITIATED
FOLLOWING THE TRAGIC EVENTS THAT TOOK PLACE IN YOUR COUNTRY
ON 11 SEPTEMBER 2001.
AS YOU MAY KNOW, THE SITUATION OF PERSONS DETAINED UNDER THE "PRISONER OF WAR" STATUS - WHO ARE COVERED BY THE GENEVA CONVENTIONS OF 1949 - DOES NOT FALL WITHIN THE MANDATE OF THE
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WORKING GROUP ON ARBITRARY DETENTION (RESOLUTIONS 1991/42 AND
1997/50 OF THE COMMISSION ON HUMAN RIGHTS).
HOWEVER, WE HAVE OBSERVED THAT, ACCORDING TO OFFICIAL
STATEMENTS, WHICH HAVE BEEN BROUGHT TO THE ATTENTION OF THE
WORKING GROUP, YOUR GOVERNMENT CONSIDERS THAT THESE PERSONS
DO NOT FALL INTO THE "PRISONER OF WAR" CATEGORY, AND THUS,
THE GENEVA CONVENTIONS DO NOT APPLY TO THEM.
WE WOULD THEREFORE LIKE TO REQUEST YOUR GOVERNMENT TO INVITE
THE WORKING GROUP FOR A VISIT TO YOUR COUNTRY IN ORDER TO
EXAMINE IN SITU THE LEGAL ASPECTS OF THE PERSONS CONCERNED
AND THE PROBLEMS THIS SITUATION INVOLVES, IN CLOSE
COOPERATION WITH YOUR AUTHORITIES AND IN KEEPING WITH THE
GROUP'S MANDATE.
GIVEN THE EXCEPTIONAL CIRCUMSTANCES DUE TO TERRORISM THAT
YOUR COUNTRY FACES, AND IN LIGHT OF THE VERY BROAD SUPPORT OF
THE INTERNATIONAL COMMUNITY, THE WORKING GROUP WOULD TAKE
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INTO CONSIDERATION THE PROVISIONS OF SECTIONS 4 AND 15 PAR. 2
OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS,
-
.ND WHICH THE UNITED STATES OF AMERICA IS A PARTY, IN ORDER TO
BE THE MOST RIGOROUS AND OBJECTIVE POSSIBLE.
I REMAIN AT YOUR ENTIRE DISPOSAL SHOULD YOU WISH TO CONTACT
ME FOR ANY ADDITIONAL INFORMATION, ESPECIALLY REGARDING THE
PRACTICAL ARRANGEMENTS OF THE ORGANIZATION OF SUCH A VISIT.
PLEASE ACCEPT, MR. AMBASSADOR, THE ASSURANCES OF MY HIGH
CONSIDERATION.
END TEXT.
3. MISSION WILL TRANSMIT BY FAX A COPY OF THE COMMUNICATION
TO IO/SHA, ATTENTION MIRTA ALVAREZ.
MOLEY
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