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Guantánamo Detainees / United States of America
The Inter-American Commission on Human Rights (IACHR) granted precautionary measures to protect the integrity of those held in the Guantánamo Detention Center in 2002, due to the petition of CEJIL, the Center for Constitutional Rights (CCR), the lawyer Richard Wilson and the Human Rights Clinic of Clolumbia University. The United States has rejected debating the subject, giving information, executing the orders of the IACHR, or authorizing a visit without restrictions to members of the Commission.
Along with the precautionary measures in favor of those detained in Guantánamo, CEJIL and CCR obtained precautionary measures for the Algerian citizen, Djamel Ameziane, in August 2008, and denounced his arbitrary detention, torture and violation of due process before the IACHR. This is the first accusation presented against the United States in the Inter-American System as the perpetrator of human rights violations in Guantánamo, where more than 240 people are detained and of which only two have been sent through the legal process.
Djamel Ameziane has been held in Guantánamo since February 2002, and the United States has yet to accuse him of having participated in any terrorist activity or battle.
Ameziane, born in 1967, has remained in solitary confinement in a small, windowless cell since 2007. He has been interrogated hundreds of times, hit, and suffered from simulations of strangulation. They have prevented him from sleeping for prolonged time periods, and he has been submitted to loud music as a form of torture.
CEJIL and CCR allege that Ameziane has suffered physical and psychological torture, he has been denied medical attention to treat the cuts he suffered due to this confinement, he is prevented from practicing his religion, he has been insulted for his beliefs and he hasn’t been allowed to have contact with his family.
Ameziane has neither had access to a judicial revision of his detention, nor to any judicial resources that allow him redress for the abuses he has suffered.
In June 2008, the United States Supreme Court decided to resolve another case, affirming that those held in Guantánamo have the constitutional right to petition for habeas corpus and to have their petition heard in federal court. However, Ameziane’s case has not been addressed.