§ Lord Lester of Herne Hill
asked Her Majesty's Government:
Whether they consider that the British citizens detained by the public authorities of the United States at Camp X-Ray are within the jurisdiction of the United States for purposes of Article 2 of the United Nations International Covenant on Civil and Political Rights, so as to be entitled to the enjoyment of the protection of the rights recognising the covenant. [HL3261]
§ Baroness Symons of Vernham Dean
Under Article 2 of the International Covenant on Civil and Political Rights each state party to the covenant undertakes to respect and ensure to all individuals within its territory and subject to its jurisdiction the rights recognised in the covenant. The applicability of a particular provision of either the ICCPR or, alternatively, of international humanitarian law, will depend on the status of the individual concerned and the circumstances of his detention.
The question of the detainees' status, access to them and the legal procedure to which they might be subject are complex. In response to our approaches, the US Government have given us the assurance that they would treat all UK detainees humanely and consistently with the principles of the Geneva Convention.