October 29, 2010, Washington D.C – A heated discussion on Guantanamo took place this morning at the headquarters of the Inter-American Commission on Human Rights in Washington D.C. At the centre of the debate was Djamel Ameziane, an Algerian citizen detained in Guantanamo for the past eight years without being charged with a crime. He was tortured and suffered numerous other human rights violations.

Ameziane was represented by lawyers of the Center for Constitutional Rights (CCR) and CEJIL (Center for Justice and International Law). The United States delegation was composed of numerous high ranking officials from the Departments of State and Defense as well as the country´s Mission to the Organization of American States.
Djamel Ameziane fears forcible repatriation to Algeria. As a member of the ethnic Berber minority in the northern province of Kabyle, Ameziane´s lawyers are particularly concerned that he will become a target for competing factions wishing to recruit him in this unsettled region. Ameziane´s lengthy detention in Guantanamo, added to his publicly expressed fear of being repatriated to his native country due to its negative human rights record, will also increase his vulnerability.

Even though Ameziane is an ideal candidate for resettlement, he has not obtained a ruling from any tribunal or human rights body in the US or abroad. In addition, Ameziane´s lawyers expressed that his petition for Habeas Corpus filed five years ago has not been heard to conclusion on the legality of his detention. Under International Law, Habeas Corpus petitions must be rapidly processed.  The excessive delay is neither acceptable nor in accordance with international standards.

CCR and CEJIL requested the hearing before the Commission with a view to having the case admitted. Viviana Krsticevic, Executive Director for CEJIL, expressed the urgency of the situation, asking that the IACHR join admissibility and merits of the case to launch it forward: “We encourage the IACHR to facilitate dialogue between the US government and the other member states of the Organization of American States to find a safe resettlement option for Mr.Ameziane,” she said.

In its defense the United States argued that the Obama administration has made significant progress since the President signed an executive order to close Guantanamo in January 2009. Wells Dixon, Senior Attorney at CCR, acknowledged progress in closing Guantanamo but expressed concern that: “There is no place where Mr Ameziane may go to air his fears of persecution in Algeria.” Abdul Aziz Naji, an Algerian citizen, was forcibly repatriated to his native country from Guantanamo in July 2010.

The United States elaborated on the improved conditions in the detention centre but did not specifically address Mr.Ameziane´s case. Commissioner Pinheiro attempted to refocus the debate around the detainee. “Better conditions of confinement are not an adequate substitute for freedom or due process” added Dixon.

CCR and CEJIL call on third party States wishing to resettle Djamel Ameziane in their country to come forward, a plea echoed by the United States. The IACHR´s resolutions are binding on the United States, as a signatory of the American Declaration of the Rights and Duties of Man. The State must therefore respond to the petitioners´ allegations. In the meantime some 174 detainees still remain in Guantanamo.

Watch the hearing by clicking here.

NOTE:

What is the IACHR? The Inter-American Commission of Human Rights (IACHR) is one of the principal autonomous bodies of the Organization of American States (OAS) of which the United States is a member State. It is mandated to promote respect for human rights in the region and acts as a consultative body to the OAS in this area.


The Center for Justice and International Law (CEJIL) is an organization advocating for the defense and promotion of human rights in the Americas. CEJIL's main objective is to ensure full implementation of international human rights standards in the Member States of the Organization of American States (OAS), through the effective use of the Inter-American human rights system and other international protection mechanisms. CEJIL is a nongovernmental nonprofit with consultative status at the OAS, the United Nations (UN) and observer status at the African Commission on Human Rights – visit www.cejil.org