Major developments on Guantanamo as human rights groups mobilize across the world
A full year after President Barack Obama’s last major public promise to close the travesty of justice known as the Guantanamo Bay detention center, halting steps towards progress were made this week with a number of developments offering a glimmer of hope for 154 men who remain at the prison camp in an endless state of legal limbo.
The developments come as dozens of human rights groups mobilize for a global day of action today calling for Guantanamo’s permanent closure, an end to indefinite detention policies and the release of the men still languishing in the prison.
On Wednesday, a U.S. federal judge ordered the release of secret video recordings of a hunger-striking Guantanamo detainee being force-fed by his captors. The force-feeding process is a highly controversial practice condemned last year by UN Special Rapporteur on Torture Juan Mendez as a “form of ill-treatment that in some cases can amount to torture.”
The Defense Department had long kept these videos secret. As the Guardian reports:
Before last week, the Defense Department did not even acknowledge that videotapes of its enteral feedings of hunger striking detainees – conducted by inserting a tube into the stomach through the nose – even existed.
But now the US government has conceded that there are 34 videos showing the forcible feeding of one detainee. The analogue video cassettes are part of a broader set of 136 videos showing Dhiab being forcibly removed from his cell by Guantánamo Bay guards bringing the hunger striker to be fed enterally.
District court judge Gladys Kessler, of the Washington DC circuit, rejected an argument from the government that the tapes were irrelevant to Dhiab’s unusual lawsuit, which seeks to get a federal judge to set the conditions of his military confinement, which Dhiab considers amount to torture.
While certainly a positive development, according to a press release on the judge’s ruling by the British human rights group Reprieve, “Judge Gladys Kessler did not require the government to hand over all 136 videos of Mr. Dhiab being subjected to the ‘Forcible Cell Extraction’ process – which has been done to him on average three times a week for a full year.” It is also not clear whether the Defense Department will comply with the ruling.
On Thursday, Judge Kessler urged the authorities to find a compromise that would spare him “the agony of having the feeding tubes inserted and removed for each feeding” and “the pain and discomfort of the restraint chair.” The judge declined to extend the temporary restraining order in Dhiab’s case because of the risk that he would die, saying:
The Court is now faced with an anguishing Hobson’s choice: reissue another Temporary Restraining Order (“TRO”) despite the very real probability that Mr. Dhiab will die, because he has indicated a continuing desire to refuse to eat and/or drink liquids, or refuse to issue the TRO and allow the medical personnel on the scene to take the medical actions to keep Mr Dhiab alive, but at the possible cost of great pain and suffering.
Also on Thursday, the United States House of Representatives voted on an amendment that could help pave the way to ultimately closing the detention facility. It was something of a mixed blessing though, as it failed to close the prison but removed some restrictions on the transfer of detainees. As the U.S.-based rights group Human Rights First explained:
Though the House voted against an amendment proposed by Representative Adam Smith (D-WA) that would have helped shutter the detention facility, the final bill included fewer restrictions on transferring detainees than it has in past years.
“We came out of today’s floor debate with progress toward the ultimate goal of closing Guantanamo,” noted Wala. “There seems to be a bipartisan acknowledgement that Guantanamo has to be dealt with and that the detention facility should and will close one way or another.”
The developments this week provide some added momentum to the “global day of action” today dedicated to closing Guantanamo, marking one year since President Obama restated his promise to close the detention center. As Amnesty International describes the event planned for Washington, DC (at Lafayette Park in front of the White House):
On Friday, May 23, one year after President Obama once again made the case for closing the detention facility at Guantánamo Bay in a speech at National Defense University, Amnesty International, the National Religious Campaign Against Torture, September 11th Families for Peaceful Tomorrows, Witness Against Torture and other groups are banding together in Washington as part of a Global Day of Action to Close Guantánamo and End Indefinite Detention.
In total, demonstrations will take place today in 35 cities around the world calling for Guantanamo’s closure and the end of indefinite detention. A full list of events is available here.
The human rights groups’ sense of urgency has been intensified by new revelations that some Guantanamo detainees who had been thought to have committed suicide were in fact murdered by CIA torturers at a secret interrogation facility site at Guantanamo called “Camp No” or “Penny Lane.”
The revelations were published in Harper’s Magazine last week, including an incriminating document indicating that the men had been tortured to death, rather than having committed suicide. In response, the Center for Constitutional Rights, which represents the families of two of the men who died, issued the following statement:
The new eyewitness account of what happened on the day three men died at Guantanamo adds to the growing body of information strongly undercutting the military’s narrative that the men committed suicide in their cells, and suggesting that the men were instead killed at a CIA-run black site at Guantánamo known as “Camp No” or “Penny Lane.” There has never been an impartial and effective investigation into the deaths, and the heavily-redacted version of the military investigation the government was compelled to release is riddled with inexplicable gaps and inconsistencies. One of those gaps was the document published today by Harper’s, which was apparently deliberately removed from the military’s public report.
The families’ attempt to seek the truth about these deaths was met with dismissal by the district and circuit courts in D.C., on the grounds that even if federal officials had been involved in the homicides, the courts were powerless to grant a remedy. The families have now turned to the Inter-American Commission on Human Rights, which should accept their petition, investigate the violations of international law they have alleged, and uphold their right – and the public’s right – to know the truth about what happened.
To find a demonstration near you to demand Guantanamo’s closure today, click here.