CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

The Delegation of Cuba to the 61 CHR invites to the first meeting of the open-ended informal consultations on Draft Resolution:

“Question of detainees in the area of the United States Naval Base in Guantánamo”

Friday 15 April 2005

From 15:00 to 18:00

Room XXIII

Take 1 14 April 2005

CUBA 61 CHR Item 3

Draft Resolution

"Question of detainees in the area of the United States Naval Base in Guantánamo”

The Commission on Human Rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms through international cooperation,

Aware that all persons are entitled to respect for their human rights as set forth in the Universal Declaration of Human Rights, and bearing in mind that several of these rights do not prescribe, and that their enjoyment cannot be restricted under any circumstances,

Recalling the duty of all States to respect and comply with their obligations under international instruments, including those relating to human rights, to which they are parties,

Recalling also General Comment 31 of the Human Rights Committee, adopted at its 2187 meeting on 29 March 2004,

Recalling the request made to the Government of the United States on 25 June 2004, by four thematic procedures mandate holders of the Commission, with the objective of visiting the persons detained on grounds of terrorism, including in Guantánamo Bay,

Taking into account the declaration made on 4 February 2005 by six special procedures mandate holders of the Commission, reaffirming their serious concern over the situation of detainees at the Naval Base in Guantánamo, despite some positive developments which have taken place on the issue for the last few months,

Taking into account also that a significant number of governments and parliaments from all over the world have expressed their concern in this regard, among them the European Parliament, that in its resolution on Guantánamo adopted on 28 October 2004, called on the United Sates administration to allow an impartial and independent investigation into allegations of torture and mistreatment for all persons deprived of their liberty in U.S. custody,

1. Requests the Government of the United States to authorize an impartial and independent investigation by the relevant special procedures of the Commission on Human Rights, on the situation of detainees at its Naval Base in Guantánamo;

2. Requests also the Government of the United States- for such purposes - to authorize the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, to the Special Rapporteur on Torture, to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and to the Special Rapporteur on the independence of judges and lawyers, to visit the detention centers which have been established in that Base;

3. Requests the United Nations High Commissioner for Human Rights to prepare and submit to the 62nd Session of the Commission, a report on the situation of the detainees at the U.S. Base in Guantánamo, based on the results of the findings to be conducted therein by mandate holders of the afore-mentioned special procedures;

4. Decides to continue the consideration of this issue at its forth-coming session.

 

 

 

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