United Nations
Commission on Human Rights
Speach given to the Commission on Human Rights of the United Nations on April 18, 2005 by Mr. Raymond G. Mérat, Honorary President of Interjurist, for the following NGO's :
International Association of Democratic Lawyers,
Union des Juristes Arabes,
Ligue pour les Droits de l'Homme,
Mouvement contre le Racisme et pour l'Amitié entre les peuples,
General Arab Women Federation.
Mr. Chairman,
The Commission's work is drawing to a close and we come to item 17 on the agenda which mainly concerns the protection of Human Rights.
This Commission's work cannot be finalised without taking a clear position in regard to serious and indisputable violations of International Law, and by the same token, the rights of the victims of those violations.
A- The first case, where the Commission should take a clear stand, is that of several hundred prisoners, held for some years in Guantanamo, Cuba.
The fact that the war in Afghanistan was led by an international coalition, with the Security Coucil's approval, is not disputed.
On the other hand, the prisoners of whom we speak, were apprehended during this conflict, flown thousands of miles away, to be detained and imprisonned in Guantanamo. International opinion has been moved, and rightly so, by this fact which constitutes an indisputable violation of International Law relative to prisoners of war.
Those responsible for this transportation of prisoners to a foreign land have replied, surprisingly, that these are not prisoners of war. Public opinion, disconcerted by this statement, then asked that the crimes imputed should be clearly announced and followed up, according to the laws of the countries detaining them, giving them the right to know the facts, to dispose of legal assistance, to appear before a jurisdiction worthy of the name and to be presumed innocent.
Those responsible for this imprisonment have replied that these prisoners cannot be tried according to the laws of the detainers, because these people are not actually on the territory of the country in question.
The summing up of these “arguments” is clear : these people have been detained for several years without justice, without rights, without recourse.
The Commission cannot finish its work without bringing to light this serious violation of International Law. Let us note, finally, that according to the International Red Cross, it appears that the conditions in which they are detained are frequently inhuman, and that there have been cases of torture.
B- We must bring to the attention of the Commission to the case of Iraqi prisoners of war. Indeed this conflict came about without the approval of the Security Council, and constitutes a conflict in opposition with the United Nations Charter.
Mr. Kofi Annan declared in September 2004 that the coalition's attack against Iraq was illegal. Furthermore, the present detention of thousands of prisoners of war or political prisoners, without trial or indictment, also constitutes a serious violation of International Law and of Human Rights. It should be stopped.
C- Finally, we wish to bring the attention of the Commission to a special case, particularly serious : the case of Mr. Abdul Jabbar Al Kubaysi.
This man, far from being supportive of the former regime, was living in exile in France since 1995 with his wife and children. He returned to his homeland, where he created, and managed a daily paper. Quite unexpectedly and without accusation made public, he was held in the zone of Bagdad Airport, where he is to this day.
This man deserves the attention of the Commission to his case and more particularly that Mme The High Commissioner of Human Rights who should take, as quickly as possible, the necessary steps to obtain his liberation.
We have heard interventions on the lack of credibility of this Commission, and read many articles holding the same propos.
The cases submitted today to the Commission could serve as examples to show that the Commission is indeed credible.
In conclusion, as many ONG's have already requested, the Commission should name a Special Rapporteur for Iraq who could give us the facts as they really are.
