Cuba requests UN probe of Human Rights violations at Guantanamo
Campaign News | Saturday, 17 April 2004
Resolution tabled at Geneva
Havana, Apr 15 (Prensa Latina) Cuba has demanded that the UN Human Rights Commission investigate the conditions of prisoners at the US Naval Base in Guantanamo.
Cuban Foreign Minister Felipe Perez Roque told a press conference in Havana that a draft resolution presented by Cuba at the commission in Geneva is based on the obligations of states under the UN Charter to promote universal respect and observance of human rights and freedoms.
The document requests Washington provide the Office of the UN High Commissioner for Human Rights and the other States Parties to the International Covenant with the necessary information to clarify the living conditions and legal status of the people first detained during military operations in Afghanistan and imprisoned over two years ago at the US Naval Base.
Cuba also requests the US inform on the steps taken to secure respect for the prisoners" human rights and fundamental freedoms as well as their protection under International Humanitarian Law.
The draft resolution asks the US Government to put an end to the current violations of the rights of the detainees and urges it to take the necessary steps to prevent future infringements while they are under US jurisdiction.
The Caribbean Island further requests that the Special UN Rapporteurs on Torture, the Independence of Judges, and Lawyers and the Working Group on Arbitrary Detention, consider the situation described in the document and report on their findings to the High Commissioner for Human Rights.
The text also asks the UN High Commissioner to present a comprehensive report on the implementation of the resolution to the 61st session of the commission to be held next spring in Geneva.
The Cuban proposal is based in accordance with the United Nations Charter, the recognition of the inherent dignity and equal and the inalienable rights of all human beings, based on freedom, justice and peace worldwide.
It specifies that it is an obligation of all UN member states to promote respect and universal observance of human rights and freedoms.
The resolution recalls that every member of the International Covenant on Civil and Political Rights is obliged to respect and guarantee the rights recognized in the Covenant, without distinction of any kind, including race, color, sex, language, religion, national or social origin, property, birth or any other status.
It also reaffirms human beings right to life, and not be subjected to torture or cruel, inhuman or degrading treatment or punishment.
Cuba indicates that in accordance with the provisions of the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights any person who is arrested shall be informed of any charges against him or her and considered innocent until proven guilty.
Likewise, they shall be brought promptly before a judge or other officer authorized by law to exercise judicial power, and be entitled to a public trial within a reasonable period with all the guarantees necessary for their defense or release.
The International Covenant on Civil and Political Rights specifies there will be no restrictions upon or derogation from any of the fundamental human rights recognized or existing in any State belonging to the Pact.
The resolution presented by Cuba further notes there is a situation of deprivation of the above-mentioned rights affecting an undisclosed number of persons detained during military operations in Afghanistan and presently held in detention camps located at the US Naval Base in Guantanamo.
Text of the motion in full:
Draft Resolution
Agenda Item 17
Question of Arbitrary Detentions in the Area of the U.S. Naval Base in Guantánamo
The Commission on Human Rights
Considering that, in accordance with the principles enshrined in the Charter of the United Nations, the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,
Recalling that each State Party to the International Covenant on Civil and Political Rights is obliged to respect and to ensure to all individuals subject to its jurisdiction the rights recognized in the Covenant, without distinction of any kind, such as race, color, sex, language, religion or other opinion, national or social origin, property, birth or other status,
Reaffirming that every human being has the inherent right to life and the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment,
Noting that those rights are enshrined in articles 6 and 7 of the Covenant, and that in accordance with its article 4-2 no derogation from those two articles may be made under any circumstances,
Recalling that in accordance with the provisions of the Universal Declaration on Human Rights and the International Covenant on Civil and Political rights any person who is arrested shall be informed of any charges against him/her, be presumed innocent until proven guilty, be brought promptly before a judge or other officer authorized by law to exercise judicial power, and be entitled to a public trial within a reasonable time at which he/she has had all the guarantees necessary for his/her defense, or to be released,
Noting that article 5-2 of the International Covenant on Civil and Political Rights established that there shall be no restrictions upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent,
Deeply concerned that according to reliable information a situation of deprivation of said rights exists affecting an undisclosed number of persons made prisoners as a result of military operations launched in Afghanistan and presently held in detention camps located in the area of the U.S. Naval Base in Guantánamo,
Aware that the Office of the U.N. High Commissioner for Human Rights, several thematic procedures of the CHR and a large number of NGOs, as well as a number of States with nationals imprisoned in those camps, have expressed their most serious concerns with respect to such a situation,
Taking into account the provisions of the 1949 Geneva Convention relative to the Treatment of Prisoners of War,
1.Requests the State Party to the International Covenant exercising effective jurisdiction over these camps, to provide to the Office of the U.N. High Commissioner for Human Rights and to the other States Parties to the International Covenant the necessary information to clarify the living conditions and legal status of such persons, as well as the steps taken to secure respect for their human rights and fundamental freedoms and their protection under International Humanitarian Law;
2.Further requests said State Party to put an end to the above-mentioned violations and to take the necessary steps to prevent those which may take place while such persons are still under its effective jurisdiction;
3.Requests the Special Rapporteur on the Question of Torture, the Special Rapporteur on the Independence of Judges and Lawyers and the Working Group on Arbitrary Detention, in the discharge of their mandates, to give consideration to the situation described in the present resolution and to report on their findings to the High Commissioner for Human Rights;
4.Requests the High Commissioner for Human Rights to present a comprehensive report to the 61st session of the CHR on the implementation of the present resolution.
See:
http://www.plenglish.com/article.asp?ID={0039DC41-9061-4018-A50F-2656A8284F5F}&language=EN
http://news.bbc.co.uk/2/hi/americas/3633769.stm
And:
'US occupation of Guantanamo is illegal' in the CubaSi section of this website
