R 131505Z AUG 07
FM USMISSION GENEVA
TO SECSTATE WASHDC 4938
USMISSION USUN NEW YORK

UNCLAS GENEVA 001948 
 
 
STATE FOR IO-RHS, DRL-MLA, L-HRR 
 
E.O. 12958: N/A 
TAGS: PHUM UNHRC
SUBJECT: Ahmed Belbacha - #22 in Geneva 2007 Communications Log 
 
¶1.  Mission has received a communication from the Special Rapporteur 
on the question of torture, Manfred Nowak, regarding Ahmed Belbacha 
who is detained at Guantanamo without charge or trial.  This 
communication has been sent via e-mail to IO-RHS. It is #22 on the 
Geneva 2007 Communications Log. 
 
¶2.  Begin text of letter: 
 
Excellency, 
 
I have the honour to address you in my capacity as Special 
Rapporteur on the question of torture pursuant to Commission on 
Human Rights resolution 2005/39, to General Assembly resolution 
60/251 and to Human Rights Council decision 1/102. 
 
In this connection, I would like to draw the attention of your 
Government to information I have received regarding Mr. Ahmed 
Belbacha, former resident of the United Kingdom of Algerian origin 
who has spent more than 5 years in detention at Guantanamo without 
charge or trial. According to the information received, 
The United States authorities intended to transfer Mr. Belbacha from 
the detention facilities in Guantanamo Bay to his native Algeria on 
6 August 2007, but the transfer has been delayed for an unspecified 
period. 
 
Ahmed Belbacha previously lived in the UK, applying for asylum on 
the grounds that in Algeria he faced persecution by both the 
government and an aimed opposition group. 
 
Taking into consideration that Mr. Belbacha might be believed to 
possess information about terrorist activities in Algeria or abroad, 
concern is expressed for his physical and mental integrity, should 
he be forcibly returned to Algeria. 
 
Without in any way implying any conclusion as to the facts of the 
case, I should like to appeal to your Excellency's Government to 
seek clarification of the circumstances regarding the case of Mr. 
Belbacha. I would like to stress that each Government has the 
obligation to protect the right to physical and mental integrity of 
all persons. This right is set forth inter alia in the Universal 
Declaration of Human Rights, the International Covenant on Civil and 
Political Rights and the Convention against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment. 
 
I would also like to draw your Government's attention to article 3 
of the Convention against Torture, which provides that no State 
party shall expel, return (refouler), or extradite a person to 
another State where there are substantial grounds for believing that 
the person would be in danger of being subjected to torture. In this 
regard, paragraph 9 of General Comment 20 on the prohibition of 
torture and other cruel, inhuman or degrading treatment or 
punishment, in which the Human Rights Committee states mat State 
parties "must not expose individuals to the danger of torture or 
cruel, inhuman or degrading treatment or punishment upon return to 
another country by way of extradition, expulsion or refoulement." 
Furthermore, paragraph 5 of the Resolution 2005/39 of the Commission 
on Human Rights urges States not to expel, return (refouler), 
extradite or in any other way transfer a person to another State 
where there are substantial grounds for believing that the person 
would be in danger of being subjected to torture. 
 
In the event that your investigations support or suggest the above 
allegations to be correct, I urge your Government to take all 
necessary measures to guarantee that the rights and freedoms of Mr. 
Belbacha are respected. 
 
In view of the urgency of the matter, I would appreciate a response 
on the initial steps taken by your Excellency's Government to 
safeguard the rights of Mr. Belbacha in compliance with the above 
international instruments. 
 
Moreover, it is my responsibility under the mandate provided to me 
by the Commission on Human Rights and extended by the Human Rights 
Council, to seek to clarify all cases brought to my attention. Since 
I am expected to report on these cases to the Human Rights Council, 
I would be grateful for your cooperation and your observations on 
the following matters: 
 
¶1. Are the facts alleged in the above summary of the case accurate? 
 
¶2. Has a complaint been lodged by or on behalf of Mr. Belbacha? 
 
¶3. Please provide the details, and where available the results, of 
any investigation, and judicial or other inquiries carried out in 
relation to this case. If no inquiries have taken place, or if they 
have been inconclusive, please explain why. 
 
I undertake to ensure that your Government's response to each of 
these questions is accurately reflected in the report I will submit 
to the Human Rights Council for its consideration. 
 
Please accept, Excellency, the assurances of my highest 
consideration. 
Manfred Nowak, 
 
Special Rapporteur on the question of torture 
End of text. 
 
Tichenor 
 
 
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