International community reiterates calls for Guantanamo’s closure as Congress moves to keep it open
Two major developments took place on Tuesday regarding the ongoing travesty of justice known as Guantanamo Bay. Taken together, the developments once again demonstrate how drastically out of step the United States is with the global community when it comes to human rights and international norms, and in particular how contemptuous the U.S. Congress remains of nearly universal international opinion on the Guantanamo Bay abomination.
On the same day that the U.S. Senate voted 91-3 in favor of a military spending bill that obstructs President Obama’s plans to close the Guantanamo prison camp by prohibiting transfers of detainees, one of Europe’s leading human rights bodies issued a comprehensive report reiterating the international community’s calls to close the detention facility and to either bring the remaining detainees to trial or free them.
The scathing 280-page report issued by the OSCE Office for Democratic Institutions and Human Rights also calls for the full investigation of human rights violations at the prison, including torture, as well as prosecutions of those responsible.
“There is a clear need for full transparency and accountability in addressing the violations of the human rights of detainees, including torture, that have occurred at the Guantanamo detention facility, and as part of the CIA rendition program,” said Omer Fisher, Deputy Head of ODIHR’s Human Rights Department. “Detainees have a right to redress, including access to justice, to compensation, and to medical rehabilitation.”
The report analyses compliance with international human rights standards of the detention and proceedings before U.S. military commissions, demands accountability for human rights violations both at Guantanamo and in the CIA’s illegal rendition and torture program, and specifies the right of victims to claim redress for arbitrary detention and ill-treatment. Regarding the CIA’s rendition and torture program, the report makes clear not only the United States but 27 other OSCE countries are guilty of participating and enabling this gross violation of human rights.
Detention and interrogation practices are examined in some detail. According to the report’s executive summary:
A wide variety of sources, including leaked ICRC reports and official reports have pointed to numerous instances of abuse at Guantánamo under the Bush administration. Interviews with former Guantánamo detainees have provided ODIHR with further information on the severity of abuses inflicted upon them during their detention and interrogations. Practices were reportedly designed to break detainees’ will, cause stress and make them co-operate with and wholly dependent on their interrogators who had total control over their level of isolation, access to comfort items and basic needs such as access to food, drinkable water, sunlight or fresh air. The lack of co-operation with interrogators and non-compliance with constantly changing prison rules were punished, including by the removal of basic items and prolonged isolation. Documented cases corroborated by ODIHR interviews of former detainees indicate the routine use of excessive force against detainees by the Initial Reaction Forces and during the force-feeding of hunger strikers.
Other areas of focus of the report include the use of physical isolation, which “remains the norm for a number of detainees kept in segregated cells with access to two to four hours of recreation per day, alone or with one other detainee.”
The OSCE takes issue with U.S. claims that single-cell confinement does not amount to solitary confinement, noting that “all detainees who spend 22 hours a day in segregated cells are undoubtedly held in solitary confinement.” This isolation “can lead to severe impact on detainees’ health and its effect can be even more pronounced in cases of individuals suffering mental distress from past abuses,” the OSCE points out.
“Solitary confinement combined with the prospect of indefinite detention is even more likely to amount to torture or ill-treatment,” notes the OSCE.
Hunger strikes and force feeding are another area of concern. According to the executive summary:
The reportedly substantial deterioration of confinement conditions during hunger strikes, including the most recent mass hunger strike of 2013 seems to constitute a system of punishment or reward implemented to break the hunger strike and discourage detainees from continuing to protest. Should gathered information be true, such practices would be unjustifiable and would violate a number of international human rights standards, including prison standards and the right of detainees to peacefully protest. It may also violate the prohibition of torture or ill-treatment.
As this report was being published yesterday, the Senate was voting overwhelmingly to thwart Obama’s plans to shutter the Guantanamo facility by maintaining a ban on transferring detainees. The bill adopted Tuesday imposes restrictions on moving any of the 112 remaining detainees to the United States or foreign countries. The measure had passed the house by a vote of 370-58 last week, and although Obama officially opposes the Guantanamo provisions, the White House has indicated that he will sign it into law anyway.
Pentagon spokesman Peter Cook however said that it is premature to say that Congress has blocked the efforts to close Guantanamo. “Let’s wait to see what the plan finally looks like,” he said. “The folks who are crafting that plan have been working very hard on this for months. … This is not going to deter the department from moving forward.”
Even if the plan goes forward, it’s not clear exactly how much impact it would have on ensuring U.S. compliance with international law. Since Obama’s plan would essentially import Guantanamo to the United States while keeping intact the system of indefinite arbitrary detention without charge, the physical closing of the facility in Cuba would largely be symbolic. As a recent letter to the New York Times by Steven W. Hawkins, Executive Director of Amnesty International USA, explained:
The purpose of closing Guantánamo should be to end the human rights violation of indefinite detention without charge — not merely move it to a new location and change Guantanámo’s ZIP code. If the United States does not intend to prosecute a detainee in a fair trial, it should release him. No exceptions.
This call for charging and trying Gitmo detainees or releasing them was echoed by the OSCE report released Tuesday. “Notwithstanding the complexity of the cases before the military commissions, the right to be tried without undue delay has likely been violated in a number of cases,” explained the OSCE. The report goes on:
This right, as recognized under international human rights and humanitarian law and contained in OSCE commitments, applies from the first official charges until the final judgment on appeal. ODIHR is gravely concerned that the US government has intentionally deprived the Guantánamo detainees of this right by excluding the applicability of certain speedy trial rights to cases before the military commissions. The lack of longstanding established procedures and precedent of the military commissions and the hindrances to holding regular hearings due to the remote location of Guantánamo are examples of US government actions that have contributed to the slow path of the proceedings. ODIHR is not aware of particular conduct of the defendants that had led to significant delays. Moreover, lengthy detention, including of 12-13 years in some cases, is likely a violation of the right to liberty and security which applies to pre-trial detention and provides individuals arrested or detained for criminal charges with the right to be tried within a reasonable time or released.
The Director of the OSCE Office for Democratic Institutions and Human Rights, Michael Georg Link, will present the findings of the report Thursday at OSCE headquarters in Vienna. The OSCE is an intergovernmental organization whose membership includes all of the member countries of the European Union, NATO and the Commonwealth of Independent States. The U.S. is one of its charter members, having signed its founding document, the Helsinki Final Act, in 1975.
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