RESPONSE TO UN SPECIAL RAPPORTEUR NOWAK:

UNCLAS STATE 105452


E.O. 12958: N/A
TAGS: PHUM
SUBJECT: RESPONSE TO UN SPECIAL RAPPORTEUR NOWAK:
GUANTANAMO BAY


1. (U) Following in paragraph 2 below is the text of a
response to the UN Special Rapporteur on the Question of
Torture, Mr. Manfred Nowak, regarding the situation of Mr.
Abdullah Bin Omar Al Hajji and Mr. Lutfi Ben Swi Lagha.
Mission is requested to convey this response to Mr. Nowak
under cover of a diplomatic note. Text of the letter will
also be emailed to post. This responds to item number 17 on
the 2007 Geneva Special Procedures Log.


2. (U) BEGIN TEXT OF LETTER:

Mr. Manfred Nowak
Special Rapporteur on the Question of Torture
Geneva, Switzerland

Dear Mr. Nowak:

This letter responds to your correspondence of June 27, 2007
regarding Mr. Abdullah Bin Omar Al Hajji and Mr. Lutfi Ben
Swi Lagha.

In the annex to its most recent report to the Committee
Against Torture, the United States explained in extensive
detail the process whereby individuals at Guantanamo Bay are
captured, held, and released, as well as a description of
conditions and treatment at the detention facility.

The report reaffirms that United States officials from all
government agencies are prohibited from engaging in torture,
at all times, and in all places. All United States
officials, wherever they may be, are also prohibited from
engaging in cruel, inhuman or degrading treatment or
punishment against any person in United States custody, as
defined by our obligations under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment
(Convention Against Torture).

Finally, the report reiterates that, as a matter of policy,
the United States does not transfer persons from Guantanamo
to countries where it determines that it is more likely than
not that they would be tortured.

The above-referenced materials are available at
http://www.state.gov/g/drl/rls/45738.htm.

On the issue of diplomatic assurances, our practice is as
follows: In appropriate circumstances, the Department of
State obtains diplomatic assurances from countries to which
transfers are being considered. The credibility of
diplomatic assurances is evaluated considering the identity,
position or other information regarding the official making
the assurances, as well as relevant political, legal, and
diplomatic circumstances. In appropriate cases the United
States seeks access by governmental or non-governmental
entities to verify the treatment of those who are transferred.

In all cases, the Department of State conducts an
individualized determination as to whether a detainee can be
transferred consistent with humane treatment policies,
considering the totality of the circumstances. Our
procedures are tailored to take into account individualized
concerns that may be raised with respect to any transfer.

In cases where transfers are completed, we conduct
post-transfer follow up as appropriate. Where we receive
credible reports that a country has mistreated a transferred
detainee, we investigate those reports by engaging government
representatives and other groups and individuals with
relevant knowledge. These groups and individuals may include
members of the NGO community, and representatives or
associates of the individual in question. Any determination
that a government failed to comply with its assurances would
constitute a serious issue in the context of our bilateral
relationship with that government and would, of course, have
an adverse impact on our ability to do future transfers.
Under our humane treatment policy, we would not be able to go
forward with any future transfer to that country unless
circumstances changed to a point where we could do so
consistent with that policy.

Consistent with our policies as outlined above, the United
States is engaged in appropriate follow-up with regard to the
treatment of Mr. Bin Omar Al Hajji and Mr. Lutfi Ben Swi
Lagha.

(complimentary closing)

RICE


NNNN