Ahmed Belbacha - #22 in Geneva 2007 Communications Log

UNCLAS GENEVA 001948 STATE FOR IO-RHS, DRL-MLA, L-HRR E.O. 12958: N/A TAGS: PHUM UNHRC SUBJECT: Ahmed Belbacha - #22 in Geneva 2007 Communications Log ¶1. Mission has received a communication from the Special Rapporteur on the question of torture, Manfred Nowak, regarding Ahmed Belbacha who is detained at Guantanamo without charge or trial. This communication has been sent via e-mail to IO-RHS. It is #22 on the Geneva 2007 Communications Log. ¶2. Begin text of letter: Excellency, I have the honour to address you in my capacity as Special Rapporteur on the question of torture pursuant to Commission on Human Rights resolution 2005/39, to General Assembly resolution 60/251 and to Human Rights Council decision 1/102. In this connection, I would like to draw the attention of your Government to information I have received regarding Mr. Ahmed Belbacha, former resident of the United Kingdom of Algerian origin who has spent more than 5 years in detention at Guantanamo without charge or trial. According to the information received, The United States authorities intended to transfer Mr. Belbacha from the detention facilities in Guantanamo Bay to his native Algeria on 6 August 2007, but the transfer has been delayed for an unspecified period. Ahmed Belbacha previously lived in the UK, applying for asylum on the grounds that in Algeria he faced persecution by both the government and an aimed opposition group. Taking into consideration that Mr. Belbacha might be believed to possess information about terrorist activities in Algeria or abroad, concern is expressed for his physical and mental integrity, should he be forcibly returned to Algeria. Without in any way implying any conclusion as to the facts of the case, I should like to appeal to your Excellency's Government to seek clarification of the circumstances regarding the case of Mr. Belbacha. I would like to stress that each Government has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. I would also like to draw your Government's attention to article 3 of the Convention against Torture, which provides that 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 this regard, paragraph 9 of General Comment 20 on the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, in which the Human Rights Committee states mat State parties "must not expose individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of extradition, expulsion or refoulement." Furthermore, paragraph 5 of the Resolution 2005/39 of the Commission on Human Rights urges States not to expel, return (refouler), extradite or in any other way transfer 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 the event that your investigations support or suggest the above allegations to be correct, I urge your Government to take all necessary measures to guarantee that the rights and freedoms of Mr. Belbacha are respected. In view of the urgency of the matter, I would appreciate a response on the initial steps taken by your Excellency's Government to safeguard the rights of Mr. Belbacha in compliance with the above international instruments. Moreover, it is my responsibility under the mandate provided to me by the Commission on Human Rights and extended by the Human Rights Council, to seek to clarify all cases brought to my attention. Since I am expected to report on these cases to the Human Rights Council, I would be grateful for your cooperation and your observations on the following matters: ¶1. Are the facts alleged in the above summary of the case accurate? ¶2. Has a complaint been lodged by or on behalf of Mr. Belbacha? ¶3. Please provide the details, and where available the results, of any investigation, and judicial or other inquiries carried out in relation to this case. If no inquiries have taken place, or if they have been inconclusive, please explain why. I undertake to ensure that your Government's response to each of these questions is accurately reflected in the report I will submit to the Human Rights Council for its consideration. Please accept, Excellency, the assurances of my highest consideration. Manfred Nowak, Special Rapporteur on the question of torture End of text. Tichenor NNNN