Prisoners of War at Guantanamo Bay, Cuba

January 17, 2002

President George W. Bush
White House
Washington, D.C.
United States of America

Dear Mr. President:

Re: Prisoners of War at Guantanamo Bay, Cuba

I am writing to you as President of Rights & Democracy to express my grave concern regarding the status and conditions of detention of the prisoners currently detained by the United States and transferred to the US military base of Guantanamo Bay, Cuba. While Rights & Democracy condemned in the strongest terms the horrific attacks of September 11, it also stated that 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.

I am concerned about alleged ill-treatment of prisoners in transit and in Guantanamo, including reports that they were shackled, hooded and sedated during transfer, their beards were forcibly shaved, and that they are housed in small cages in Guantanamo that do not protect them against the elements. Degrading treatment of prisoners is a flagrant violation of international law which cannot be justified under any circumstances.

The US has obligations under international law to ensure respect for the human rights of all persons in their custody - including the duty to treat them humanely and ensure that they have recourse to fair proceedings, regardless of the nature of the crimes they are suspected of having committed.

We consider that those who are held in Guantanamo, captured during the war in Afghanistan, should be treated as prisoners of war. If there is any dispute about their status, the US must allow a competent tribunal to decide, as required by Article 5 of the Third Geneva Convention.

As you know, the United Nations High Commissioner for Human Rights, Mary Robinson, has already reminded the US of your international obligations towards these prisoners of war as specified in the Geneva Convention. As Ms. Robinson said, if there is a dispute on whether the captives are prisoners of war, a competent tribunal should be set up, in accordance with the provisions in the Convention, to decide their status. Indeed, it is not the prerogative of any US administration official to determine whether those held in Guantanamo are prisoners of war.

Yours sincerely,

Warren Allmand, P.C., O.C., Q.C.
President

CC: The Right Honourable Jean Chrétien, Prime Minister of Canada