Credit: OAS
In response to the hunger strike carried out by detainees held at the Guantanamo Bay detention facility, the Inter-American Commission on Human Rights (IACHR), UN Working Group on Arbitrary Detention, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan Mendez, UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, and UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, called on the United States government to free or prosecute detainees in accordance with international law. [OHCHR] Specifically, the human rights experts urge the U.S. to:
“(a) adopt all legislative, administrative, judicial, and any other types of measures necessary to prosecute, with full respect for the right to due process, the individuals being held at Guantánamo Naval Base or, where appropriate, to provide for their immediate release or transfer to a third country, in accordance with international law; (b) expedite the process of release and transfer of those detainees who have been certified for release by the Government itself; (c) conduct a serious, independent, and impartial investigation into the acts of forced feeding of inmates on hunger strike and the alleged violence being used in those procedures; (d) allow the IACHR and the United Nations Human Rights Council mechanisms, such as the Working Group and the UN Special Rapporteurs, to conduct monitoring visits to the Guantánamo detention center under conditions in which they can freely move about the installations and meet freely and privately with the prisoners; and (e) take concrete, decisive steps toward closing the detention center at the Guantánamo Naval Base once and for all. Along these lines, they urge the Government to state clearly and unequivocally what specific measures it will implement toward that end.”
Last month, the United Nations High Commissioner for Human Rights, Navi Pillay, called for Guantanamo closure, saying the United States was in clear breach of international law. [OHCHR] Pillay expressed disappointment that the government had failed to close the facility after ten years of operation, and had “instead entrenched a system of arbitrary detention” and failed to “ensure accountability for serious human rights violations, including torture, that took place there.” Pillay’s April statement echoed her earlier statement in January 2012. In 2009, Pillay had welcomed President Obama’s stated commitment to closing Guantanamo and prohibiting torture.
During its last session in March 2013, the IACHR also heard evidence regarding the “severe and lasting physiological and psychological damage” Guantanamo detainees face due to uncertainty over whether they will be released, transferred, prosecuted, or held indefinitely. [IACHR] The Special Rapporteur on torture, Juan Mendez, underscored that the detention “goes far beyond a minimally reasonable period of time and causes a state of suffering, stress, fear and anxiety, which in itself constitutes a form of cruel, inhuman, and degrading treatment.” [UN] And, the Special Rapporteur on countering terrorism, Ben Emmerson, made clear that security-related government agencies have certified that about half of the detainees do not pose a threat to U.S. security and can be cleared for transfer to their home countries or a third country.
The IACHR and various UN special procedures have previously made requests to the U.S. government to visit the facility and interview detainees, guards, and other witnesses. However, the U.S. has informed the IACHR that the only institution it considers to have competence to conduct visits is the International Committee of the Red Cross, and the government has failed to respond to requests from UN Special Rapporteurs. [IACHR; Amnesty International]
With the arrival of medics at Guantanamo Bay to force-feed the hunger strikers, UN and IACHR human rights experts point out that the World Medical Assembly’s Declaration of Malta regulates the duty of medical personnel to act ethically and respect individuals’ autonomy in the case of a hunger strike. [OHCHR] In agreement, the International Committee of the Red Cross (ICRC) and the American Medical Association (AMA) also oppose the U.S. government’s practice of force-feeding the hunger strikers. [Reuters; Miami Herald] Peter Maurer, President of the ICRC, claimed that the hunger strikes are a symptom of the detainees’ legal problems and agreed with international medical groups in their opposition to force-feeding. [Reuters] The AMA stated in a letter that “ force feeding of detainees violates core ethical values of the medical profession” and reiterated that patients have a right to refuse medical treatment. [Miami Herald]
A number of NGOs have also made statements regarding the situation at Guantanamo. The Center for Justice and International Law (CEJIL) and the Center for Constitutional Rights (CCR) joined the IACHR in urging the U.S. to close Guantanamo Bay, saying indefinite detention is contrary to the U.S.’s international legal obligations. [CCR] CCR, which represents some of the Guantanamo detainees, also reports that some attorneys have witnessed detainees losing weight and losing consciousness as a result of the hunger strike and recognizes that if the hunger strike is not soon resolved, it could lead to severe and permanent physical and psychological harm or even death. [CCR] In a letter to Charles Hagel, the U.S. Secretary of Defense, Amnesty International requested more information regarding the facility’s cell search policies and practices, steps taken to ease tensions between detainees and facility personnel, and detainees’ access to medical treatment.
On April 30, 2013, President Obama stated his renewed intention to close the Guantanamo Bay detention facility, claiming that “[t]he notion that we’re going to keep 100 individuals in no man’s land in perpetuity” made no sense. [New York Times] A number of NGO’s lauded his statement while also calling for more action. [ACLU; Amnesty International;CCR]