Human rights after Guantanamo? : essay from a civil rights perspective on the situation of ex-Guantanamo detainees in Europe

Abstract

The purpose of this master thesis is to find out whether the civil rights of ex-GTMO detainees in Europe are respected. To answer the research question, five specific recurrent common issues of ex-GTMO detainees in Europe are discussed: (1) torture and other forms of ill-treatment, (2) initial detention, bail and trial, (3) risk of refoulement, (4) surveillance and security and (5) identity cards and passports. Per issue, a description of the situation of ex-GTMO detainees in Europe is followed by an overview of the relevant legal and non-legal provisions. An assessment of the facts is made against those provisions. The answer to the research question of this master thesis is that the civil rights of ex- GTMO detainees in Europe have been violated in many cases. The common characteristic of the restrictions is that European States appear to impose them upon ex-GTMO detainees because of their previous detention at GTMO. The conclusion of this research is that instead of restricting the civil rights of ex-GTMO detainees, European States should provide them with special protection of their civil rights because the stigma attached to ex-GTMO detainees makes them more vulnerable to violations of their civil rights.