VIII. Recommendations

To the United States executive branch

Provide any person subject to transfer from Guantanamo Bay to his home or a third country with at least 30 days’ advance notice of the transfer, and an effective opportunity to challenge his transfer and the reliability of any diplomatic assurances before a federal court based on fear of torture, inhumane treatment, or persecution upon return.
In cases where detainees choose to return to their home country, urge the receiving government to allow US officials access to returned detainees should they be detained by the receiving country; visit the detainees; monitor their treatment; and pressure the receiving government to ensure that it treats them humanely and provides them a fair trial.
Do not rely on diplomatic assurances to override a detainee’s fear of return when there are substantial grounds for believing that the detainee would be in danger of torture or abuse.
Protest publicly and at the diplomatic level the mistreatment of former Guantanamo Bay detainees upon learning of such abuse.
Disclose any diplomatic assurances the US may have received from Tunisian authorities regarding the treatment of former Guantanamo detainees Abdullah al-Hajji Ben Amor and Lotfi Lagha.

Promptly restore to Guantanamo Bay detainees legal access to federal courts; ensure that detainees are able to seek injunctive relief to protect against a transfer to torture, inhumane treatment, or persecution.
Enact legislation requiring the executive branch to provide at least 30 days’ notice to Guantanamo Bay detainees and their lawyers prior to any return, and an opportunity to challenge the transfer, including the reliability of diplomatic assurances before federal courts.

Ensure that Abdullah al-Hajji Ben Amor and Lotfi Lagha are either prosecuted for cognizable criminal offenses that do not violate their rights to freedom of association or expression, or are released. Their trials should meet international fair trial standards and be open to observers.
Conduct independent and impartial investigations into al-Hajji’s and Lagha’s allegations of mistreatment.
End the practice of trials in absentia as compromising the ability of an accused to exercise his or her rights to a fair trial. Until the practice of in absentia trials is ended, records of such convictions, like any convictions, should be made public and readily available to Tunisians, including those held at Guantanamo Bay.
Honor the government’s commitment to end the practice of placing detainees in long-term solitary confinement.

Work with the United States to help find resettlement options for Guantanamo detainees entitled to release or transfer who cannot be returned to their home countries due to credible fears of torture, inhumane treatment, or persecution.

September 2007