USA: Still failing human rights in the name of global

Report
January 20, 2010

USA: Still failing human rights in the name of global

6 The Court of Appeals said that while it believed Ghaleb Al-Bihani was lawfully detained because the record showed that he was “both part of and substantially supported enemy forces”, the picture might be less clear in other cases “where facts may indicate only support, only membership, or neither”. However, it said that it had no need at this point to “explore the outer bounds of what constitutes sufficient support or indicia of membership to meet the detention standard.”

7 Al Bihani v. Obama. Brief for Appellees, In the US Court of Appeals for the DC Circuit, July 2009.

8 Article 9(1) and (4) of the 1966 International Covenant on Civil and Political Rights (ICCPR), ratified by the USA in 1992.

9 See articles 14 and 26 of the ICCPR.

10 See Convention against Torture article 14; ICCPR article 2(3).

11 See also USA: Blocked at every turn: The absence of effective remedy for counter-terrorism abuses, 30 November 2009, http://www.amnesty.org/en/library/info/AMR51/120/2009/en.

12 The USA’s international human rights obligations prohibit in any event the use in proceedings of evidence obtained by torture or other cruel, inhuman or degrading treatment. See Convention against Torture, article 15; Human Rights Committee, General Comment no 20 (1992), para 12.

13 See also, for example, USA: Many words, no justice: Federal court divided on Ali al-Marri, mainland ‘enemy combatant’, August 2008, http://www.amnesty.org/en/library/info/AMR51/087/2008/en.