The FIDH is extremely concerned with the condition of detention and the fairness of the future trials of the "presumed terrorists" or "battlefield detainees" currently detained by the United States and transferred to the US military base of Guantanamo bay, Cuba.
Pursuant to article 5 of the Third Geneva Convention relative to the treatment of prisoners of war and contrary to what Secretary of Defence Donald Rumsfeld stated on January 11, the FIDH wishes to recall that all detainees should be treated in accordance with humanitarian law, and to a minimum be granted the rights of common article 3 of the 1949 Geneva Conventions such as the right to a fair trial (including the presumption of innocence), and the right not to be subjected to torture and degrading, inhuman or cruel treatment "in any time and in any place".
On December 28th, you declared that ``whatever the procedures are for military tribunals our system will be more fair than the system of bin Laden and the Taliban (...) the prisoners that we capture will be given a heck of a lot better chance in court than those citizens of ours who were in the World Trade Centre or the Pentagon were given by Mr. bin Laden" (Reuters). The FIDH is somewhat surprised to see you adopt the Taliban’s standard of justice as a benchmark for the administration of justice by US courts.
While the FIDH condemned the horrific attacks of September 11 in the strongest terms, it recalls that when facing those terrorist acts, justice must prevail over the temptation of revenge. It is essential that justice be done in accordance with international human rights and humanitarian law provisions; or less it would be a mere parody of justice. In a November 15 press release, the FIDH strongly criticised and rejected the creation of military commissions pursuant to the November 13 Military Order to try individuals "suspected of participating in terrorist acts or of supporting terrorism". Indeed, according to article 14 of the 1966 International Covenant on Civil and Political Rights, "in the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law". One can legitimately doubt that this article and due process of law be guaranteed before military commissions. The presumed perpetrators - directly involved in the September 11 attacks - and who have been recently arrested should be investigated and prosecuted by ordinary tribunals.
Finally as developed in FIDH Report n°316 ( French version only) on Death Penalty in the United States, the FIDH urges the United States government to oppose the use of capital punishment, in all circumstances.
Yours Sincerely,
Sidiki Kaba President