PUBLIC AFFAIRS SECTION

Press Release

17 February 2006
Statement of Ambassador Robert H. Tuttle on UN Special Rapporteurs' Report on Guantanamo

The United States believes that the report produced by the four special rapporteurs of the United Nations and the Working Group on Arbitrary Detention on the situation of detainees in Guantanamo Bay is deeply flawed both factually and conceptually. We regret that the rapporteurs refused our offer to see the facilities first-hand, under conditions that are similar to the access which we provide to U.S. Congressional delegations. We also regret that the rapporteurs declined our invitation to receive additional briefings in Washington. Additionally, there is little evidence that they took into account the substantial information they received from the United States in 2005 regarding Guantanamo.

We profoundly disagree with the report for its selective inclusion of only those factual assertions needed to support the rapporteurs’ initial conclusions, its avoidance of facts that would undermine those arguments, and its erroneous legal analysis.

With respect to detainees, the United States complies with its Constitution, its laws, and its treaty obligations. The United States does not commit, authorize, or condone torture. Where there have been cases of unlawful treatment of detainees, the United States has vigorously investigated and, where appropriate, prosecuted those responsible.

Dealing with captured terrorists is a difficult challenge. Members of Al Qaeda and their supporters are engaged as combatants in armed conflicts against us, they do not represent any state or government, nor do they adhere to the rules of war. Al Qaeda has attacked our embassies, our warships, our capital city, and our financial center. We have a duty to protect our citizens and an obligation to work with all civilized countries to stop attacks on innocent civilians and other terrorist acts.

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