43 The United States recognizes the special role of the International Committee

43 the united states recognizes the special role of

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43. The United States recognizes the special role of the International Committee of the Red Cross (ICRC) under the Geneva Conventions in support of the protection of detainees during armed conflict. The ICRC has regular, private access to all detainees interned by 9
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CRC/C/OPAC/USA/Q/2/Add.1 DOD at Guantanamo and at its detention facility in Afghanistan, and it assists the United States with facilitating contact with detainee families. Additionally, the ICRC delivers mail to detainees in U.S. custody, and it helps to facilitate telephone calls between family members and detainees, as well as to increase family access at the detention facility in Afghanistan. The Afghanistan Independent Human Rights Commission has also visited the DFIP. UNICEF has not been given access to detainees at the DFIP. Reply to the issues raised in paragraph 12 of the list of issues 44. Omar Khadr is no longer detained in Guantanamo. The United States transferred Omar Khadr to Canada to serve the remainder of his sentence on 29 September 2012. In 2010 he pleaded guilty pursuant to a pre-trial agreement, and was convicted in a military commission of several charges, including murder in violation of the law of war and spying. Consistent with the terms of the pre-trial agreement, the Military Commissions Convening Authority approved an eight-year sentence of confinement. The pre-trial agreement specified that after one year of confinement in the United States, Mr. Khadr could be transferred to Canada to serve the remainder of his sentence in accordance with Canadian law, and that transfer occurred in September 2012. The treatment of Omar Khadr while in detention in Afghanistan and Guantanamo Bay was addressed in litigation before a military judge in the military commissions system. The judge found that there was “no credible evidence the accused was ever tortured… even using a liberal interpretation considering the accused’s age.” See . 45. The charges against Mohammed Jawad were withdrawn by the Military Commissions Convening Authority without prejudice on 31 July 2009. This withdrawal occurred before the commencement of the trial on the merits. Because the charges were withdrawn, the commission did not reach a finding regarding Mr. Jawad’s guilt or innocence. During the pre-trial phase, counsel for Mr. Jawad made several allegations that their client was mistreated by both Afghan and U.S. personnel. In response to these allegations, the judge ordered the suppression of all of Mr. Jawad’s confessions of guilt. The United States repatriated Mr. Jawad to Afghanistan on 24 August 2009. Mr. Jawad’s transfer was carried out under an arrangement between the United States and the government of Afghanistan, to ensure that appropriate security and humane treatment measures were in place.
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  • Summer '16
  • Ramon Wawire
  • Armed forces

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