International Committee of the Red Cross July News and Notes

8/6/2019 International Committee of the Red Cross July News and Notes

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International Committee of the Red CrossRegional Delegation for the United States and Canada

In This Issue:

ICRC Policy on Torture:Interview with EdouardDelaplace

ICRC Washington's Work onDetention

Confidentiality - A CrucialApproach for the ICRC

ICRC News fromAround the Globe

AfghanistanBrazil

GeorgiaHaitiIraqKuwaitLibyaPakistanPeruSomaliaSouth SudanSudanSyria

Yemen

News and NotesJuly 2011

Dear David,

This month we focus on the issue ofdetention. As part of itsmandate to ensure humanitarian protection and assistance forvictims of armed conflict and other situations of violence, theICRC visits both prisoners ofwar and civilians internedduring armed conflict. The objective of its visits is toensure respect for the life and dignity of the detainees.Detention-related activities are a central of the ICRC'swork. In 2010, ICRC delegates visited 500,928 detainees heldin 1,783 places of detention in 71 countries and in 5 differentinternational courts.

First we present you with an interview with Edouard Delaplace, whoadvises the ICRC's Geneva-based Unit for Persons Deprived ofLiberty. Last month, we shared the ICRC's new policy on torture.Here, Mr. Delaplace provides additional details on what the policymeans for the detainees. We also take this opportunity to directyour attention to the results of a survey conducted by the AmericanRed Cross this April on the views of Americans on torture.

Moving from global to local, we take a look at the work of ICRCWashington on U.S. detention related to armed conflict. RalphWehbe, Guantanamo Team leader from 2009 to 2011, shares hisexperiences in coordinating visits to the island.Lastly, we highlight a key facet of the ICRC's work on detention,which forms a cornerstone of the organization's approach tocarrying out its mandate: confidentiality. Our emphasis on bilateraldialogue enables us to engage substantively and directly with thosewho detain. Confidentiality, however, is often misunderstood. Wetake this opportunity to explain why the ICRC has chosen thismethod to achieve concrete results.

As always, please write us with your thoughts and feedback.Kind regards,The ICRC Washin ton Dele ation
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Zimbabwe

NEW ICRC Photo Gallery : ImprovingLiving Conditions for Inmates in Haiti

In this photo gallery, we share with youa recent detention success story.Working closely together with Haiti 'sprison administration, the ICRC has justcompleted major repair and refurbishingwork on the "Titanic" wing of Port-au-Prince prison, the largest place ofconfinement in the country with acapacity of over 2,000 people. Thecompletion of this project providesimproved living conditions for hundredsof detainees.

In this picture, an ICRC engineerexplains the new water system to prisonguards.

For more pictures of this project, clickhere.

UPDATED ICRC Publication:Restoring Links Between DispersedFamily Members

This new leaflet summarizes theproblems faced by families who have

ICRC Policy on Torture: An Interview withEdouard Delaplace

Last month, tocommemorateInternational Day inSupport of Victimsof Torture, we

shared with you theICRC's newoperationalpolicyon torture and cruel,inhuman ordegrading treatmentinflicted on personsdeprived of liberty.With the adoption ofthis policy, the ICRCreaffirmed its strongcommitment to thefight against this

practice, all toowidespread in detention facilities. In this interview, EdouardDelaplace, who advises the organization's Geneva-basedUnit for Persons Deprived of Liberty, explains what theICRC's approach aims to achieve for detainees.

First, could you summarize the ICRC's position ontorture?The ICRC's position is very clear: torture constitutes anintolerable outrage upon the victims themselves and uponhuman dignity. It is and must be prohibited absolutely.

Torture constitutes a flagrant violation ofinternationalhumanitarian law and the international human rights law.However, it is not only a reflection of the law - it is first andforemost our profound conviction based on ethicalconsiderations and a sense of humanity. No grounds, be theypolitical, economic, cultural or religious, can justify torture orother forms of ill-treatment. Nor can torture be justified on thegrounds of national security.Yet, torture is very widespread. There is no country, no societytoday that is entirely immune from this phenomenon in one form oranother. In some cases, we may be talking about a single,isolated act in a police station or a prison, and in others a

systematic, institutionalized practice.

After more than a century of visits to detainees, the ICRCpossesses a large body of knowledge on the subject of torture. Inrecent years, over 500,000 people have been visited by the ICRC insome 80 countries. Every day we see the distress anddehumanization of thousands of people who have been physicallyand mentally damaged, sometimes beyond repair. It is this firsthandcontact with torture victims that has forged our conviction andstrengthened our will to actively fight against this scourge.

Practically speaking, what does the ICRC do to help
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been separated by conflict. It includes adescription of the methods used torestore family links, reunite separatedfamilies and ascertain the status ofdetainees and missing persons.

NEW ICRC Film: Broken Family Ties

Underinternational humanitarian law,detainees held in an armed conflictmust be treated humanely and allowedcontact with their families. In June 2007,

Israeli authorities suspended familyvisits for detainees from Gaza. Thedecision was made a year afterPalestinian armed groups captured theIsraeli soldierGilad Shalit , who hasbeen in captivity without family contactfor over 5 years. Family visits are anessential lifeline to the outside world.See the recent ICRC pressrelease demanding proof of life of GiladShalit and to allow family contact. Thisfilm portrays two cases of broken familyties in Gaza and the importance of

family visits for detainees.

ICRC Detention Visits

The ICRC follows the same standardprocedures for all visits to personsdeprived of liberty, listed below. Formore information on the history, purposeand characteristics of detention visits,we encourage you to read Protection ofDetainees: ICRC Action Behind Bars, by

Alain Aeschlimann's, former head of theICRC's Central Tracing Agency andProtection Division.

- In confidential discussions with theauthorities before and after each visit,delegates raise concerns and makerecommendations where appropriate.

- ICRC delegates must have access toall cells where detainees are held andother facilities used by detainees, such

torture victims?The ICRC's work is based on the visits it makes to peopledeprived of their liberty to assess the conditions in which theyare held and the way they are being treated. Of course, ourpresence alone is not always enough to stop or prevent ill-treatment, but people in detention often tell us that thesevisits provide them with a welcome respite.For men and women detainees who have been tortured, avisit by an ICRC delegate provides reassurance that someone

recognizes their existence and their suffering. Helping thosepeople recover a sense of their dignity by speaking to them,giving them time and attention, is the first thing an ICRCdelegate does when he meets someone who is in prison.These visits are sometimes an opportunity for a man orwoman who has suffered ill-treatment to see a doctor. Theyalso enable the ICRC to provide detainees with humanitarianservices, such as the opportunity to contact and exchangenews with loved ones through Red Cross Messages (RCMs).Outside places of detention, the ICRC aims to act moreconsistently and on a greater scale to offer victims

rehabilitation. It is increasingly working with organizations thatspecialize in this field. In addition, the organization also workswith national authorities to help them improve the practices oftheir officials with regard to detainees.Lastly, how can the ICRC help eradicate torture? Can yougive us a few examples?Torture is an extremely complex phenomenon. Its prevalence,or otherwise, may be influenced by a wide range of factorsinvolving individuals, the law, the mechanisms of governance,and ethical convictions. The ICRC takes a comprehensiveapproach, the primary aim of which is to provide victims with

protection, assistance and rehabilitation. At the same time,however, it works to create a legal, institutional and ethicalenvironment conducive to stopping these practices, andwhere such an environment already exists, to bolster it.In terms of the legal environment, the ICRC tries to ensurethat the prohibition on torture and other forms of ill-treatmentbecomes an integral part of national constitutions and thatthese rules are incorporated at the various levelsconcerned. When it comes to the institutional environment,there needs to be monitoring and disciplinary measures inplace, and these need to be effective. The ICRC works with avariety of entities to strengthen these mechanisms.

Bolstering the ethical environment is perhaps the biggestchallenge of all. Where certain values are not deeply rootedin society, it is much more difficult to have an impact on thephenomenon of ill-treatment. For the ICRC, ethical argumentsshould therefore be at the forefront. It is vital to be able toinfluence the debate on torture if we are to have a chance ofmaking a real impact.
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as kitchens, showers, infirmaries andpunishment cells.- ICRC delegates must be able to speakprivately with each and every detaineeof their choice.- The ICRC registers detainees fallingwithin its area of concern individually, soas to be able to monitor the situation ofeach person as long as he or she

remains in captivity.

- The ICRC must be allowed to repeatits visits as frequently as it chooses.

Upcoming EventsHealth Emergencies in LargePopulations (H.E.L.P) Courses

A multicultural and multidisciplinarylearning experience created to enhanceprofessionalism in humanitarian

assistance programmes conducted inemergency situations.July 11-29Baltimore/USAJuly 11-22Hawaii/USA

5th Annual InternationalHumanitarian Law DialogsAugust 28-30Co-sponsored by and held at the RobertH. Jackson Center at the ChautauquaInstitution in New York, this event is a

historic gathering of renownedinternational prosecutors fromNuremberg through present day andleading professionals in the internationalcriminal law field. It will allowparticipants and the public to engage inmeaningful dialog concerning past andcontemporary crimes against humanity,and the role of modern internationalcriminal law.Call for applications: 16th course inIHL for humanitarian professionalsand policy-makersSeptember 19-24The ICRC regional delegation forKenya, Djibouti and Tanzania calls forapplications for its 16th course ininternational humanitarian law (IHL) forhumanitarian professionals and policy-makers. Held in Naivasha, Kenya.

ICRC Washington's Work on DetentionThe ICRC has been visiting people captured in the context ofarmed conflict and the fight against terrorism who are beingheld at U.S. detention facilities in Afghanistan and inGuantanamo Bay since January 2002 and in Iraq sinceMarch 2003. When ourWashington-based team conducts itsvisits at Guantanamo Bay, it adheres to the same detentionprocedures followed by the organization worldwide; for moreinformation on these, see the side bar at left.

As of July 2011, the ICRC has carried out a total of 81 visitsto the detention facility at Guantanamo Bay. The 171individuals currently being held on the island originate from 24different countries.

To provide some insight into the work ofICRC Washington onU.S. conflict-related detention, we first share an interview withRalph Wehbe, ICRC Washington's Detention Coordinator from2009 until earlier this month.

Interview with Ralph Wehbe, outgoing DetentionCoordinator for ICRC Washington

As Detention Coordinatorfor the Protection (PROT)team in Washington,Ralph Wehbe was incharge of our visits toGuantanamo Bay for thelast two and a halfyears.

First, could you explainwhat the Protectiondepartment does in

Washington?

The PROT department

serves as the focal point with the U.S. Government formatters related to U.S. detention in Guantanamo, Afghanistanand Iraq. It interacts with the relevant authorities onprotection matters of ICRC concern.

The department focuses on visits to Guantanamo Bay, whichare carried out four times a year on average. Up to 20delegates, including Arabic, Pashto and Urdu interpreters, inaddition to physicians, legal advisors and specialists,

participate in each visit. These visits can last up to threeweeks. They aim mostly at assessing the overall situation inthe facility and providing humanitarian services to theinternees, including maintaining contact between detaineesand their families.

In addition, the team conducts ad-hoc visits. During mymission, I traveled to GTMO whenever needed, in case oftransfers or resettlements to third countries. That is when weconduct pre-departure interviews to offer the internee achance to express concerns, if any, about his safety, well-being or persecution in the country where he will be
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ICRC Mission

The ICRC is an impartial, neutral, andindependent organization whoseexclusively humanitarian mission is toprotect the lives and dignity of victims of

war and internal violence and to providethem with assistance.

repatriated to or resettled in. Whenever appropriate, we thenshare these concerns with the authorities.

So, in that context, could you explain your work asDetention Coordinator over the past few years?

My main tasks as a "Co/Det," as I was known, in these visitscan be split into three phases: before; during; and after. It is acontinuous cycle. Preparations for the next visit startimmediately at the end of the previous one.Before the visit, my main task is to work on the administrativeaspects. It takes a lot of preparation to make one visithappen. For instance, we must first identify the delegateswho will take part in the visit. This is based on the languagesand skill sets needed. Then we have to get these people toGuantanamo, no small task since we are talking about 20people who live around the world.During the visit, I brief participating delegates. I then monitorand guide our daily activities by supervising and leading thedetention team. Throughout, I am the focal point for the

detaining authorities on the ground. All this is done in closecoordination with our management in Washington andGeneva.The mostimportanttask of anyvisit is, ofcourse, tospeak withthedetainees.That means

listening tothem andallowingthem tobenefit froma the widerange of humanitarian services we provide. Those includeRed Cross Messages as well as phone calls and video tele-conferences with their families. Ultimately, we end the visitwith a clear understanding of the situation in the facility,including material conditions, treatment, health situation, andlegal developments. This allows us to engage in aconfidential dialogue with the authorities and provide practical

recommendations aimed at improving the detainees' overallcondition of detention. After a visit, the reporting and writingbegin; and then it is already time to start all over again.

How do you look at Guantanamo after two and a halfyears spent working on this complex file?

Over the years, there has been substantive dialogue betweenthe ICRC and the U.S. on the issue of detention related toarmed conflict and counter-terrorism operations. There havebeen differences of opinion, particularly regarding the legal
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framework applicable to persons detained in the fight againstterrorism. We welcomed the three detention-related ExecutiveOrders issued by President Obama on January 22, 2009 asan opportunity for a thorough review of the status of alldetainees and of the conditions and procedures governingtheir internment.We strongly believe that a detainee's welfare depends on hisability to stay in contact with his family members. Wededicate significant resources restoring and maintaining familylinks between detainees and their relatives. We have

facilitated the exchange of thousands of Red Cross Messagesbetween detainees and their families. We have set up asystem that enables detainees to regularly speak to theirfamilies by telephone. This is facilitated by ICRC delegationsand National Red Cross and Red Crescent Societies aroundthe world. It was implemented by U.S. authorities in April2008. Over 1,300 telephone calls have been made since westarted this program.From a legal perspective, we maintain that persons capturedor arrested within the context of the fight against terrorismmust take place within a clear and appropriate framework. No

person should be deprived of his freedom or interrogatedoutside a legal framework. For the ICRC, the detention ofpersons in connection with an international armed conflict isgoverned by international humanitarian law. In particular, therules set out in the Third and Fourth Geneva Conventionsshould be adhered to. The detention of people in connectionwith a non-international armed conflict is governed by Article3 common to the four Geneva Conventions, the rules ofcustomary international humanitarian law, Additional ProtocolII where ratified, and applicable provisions of internationalhuman rights law and domestic law.Historically in the context of U.S. detention, we have adopted

a case-by-case approach to determine whether situationsarising from the fight against terrorism amount to armedconflict or not. Today in GTMO, and elsewhere, we believethat the status of each detainee should be determined on thebasis of the rules applicable to the situation in which he wascaptured.As you look back, what are your best memories?Being allowed to photograph the internees so that they couldsend their portraits to their families was important. The firstvideo tele-conference between an internee in GTMO and hisfamily in Tunisia was also a significant accomplishment.

These services have an immensely positive impact.Where are you heading next?

I will join our team in Colombo. A main task will be to clarifythe fate of persons who went missing throughout the conflictyears in Sri Lanka. The protection department in Colomboalso works on detention and I will be involved in that. It is difficult toleave friends and colleagues in Washington, with whom I sharedsome very intense moments in the course of our humanitarian work,but I also look forward to this new mission.
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Confidentiality - A Crucial Approach for theICRC

Confidentialityis an essential toolthat enables theICRC to help peopleaffected by insecurity,violence and armed

conflict. As DominikStillhart, ICRC DeputyDirector ofOperations, explains,"the ICRC works in alot of places andcontexts whereoutside scrutiny andcriticism are oftenunwelcome.Confidentiality is thekey that enables theICRC to open doors

that would otherwiseremain shut, giving usaccess to people inneed and places that

many other organizations cannot reach."

Wherever the ICRC visits places of detention, it uses thisworking method to discuss findings and observations aboutconditions of detention and treatment of detainees directlywith the authorities in charge. ICRC visits to US detentionfacilities in Afghanistan, Iraq and Guantanamo Bay are noexception.

The purpose of the ICRC's policy ofconfidentiality is toensure that the organization obtains - and maintains - accessto detainees around the world held in highly sensitivesituations of armed conflict or other violence. The ICRC's lackof public comment on the conditions of detention and thetreatment of detainees in the more than 70 countries where itvisits places of detention can not be interpreted to mean thatthe organization has no concerns. Working outside thespotlight of media attention often makes it easier for the ICRCand the detaining authorities to achieve concrete progress inplaces of detention.

Furthermore, the ICRC fears that information divulged aboutits findings in places of detention could easily be exploited forpolitical purposes. The ICRC deplores the fact thatconfidential information conveyed to US authorities has beenpublished by the media on a number of occasions in recentyears and reiterates that it has never given ICRC consent tothe publication of such information.
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