64 | Towards the Closure of Guantanamo
basic aspects of their lives, such as not knowing whether or not they will be tried;
whether they will be released and when; or whether they will see their family
members again. This continuing state of suffering and uncertainty creates grave
consequences such as stress, fear, depression, and anxiety, and affects the central
nervous system as well as the cardiovascular and immunological systems. 152 The
fate of Mr. Latif is an example of how indefinite detention, coupled with the
application of solitary confinement, can lead to devastating consequences.
135. In relation to religion and the rights of persons deprived of liberty, the IACHR’s
Principles provide that detainees shall have the right “to participate in religious and
spiritual activities and to practice traditional rites.” Further, prisoners shall have
the right to food “with due consideration to their cultural and religious concerns.”153
136. The Inter-American Commission considers that the conditions of confinement
described above constitute a violation of the right to humane treatment. Further, in
order to guarantee that prisoners’ rights are effectively protected in accordance
with applicable international human rights standards, the State must ensure that all
persons deprived of liberty have access to judicial remedies. 154 The IACHR notes
with deep concern that prisoners at Guantanamo have been prevented from
litigating any aspect of the conditions of their detention before federal courts, which
constitutes per se a violation of one of their most fundamental human rights. This
point, as well as some recent developments regarding this issue, will be assessed in
the chapter on access to justice. Further, as it will be addressed below, detainees’
lack of legal protection and the resulting anguish caused by the uncertainty
regarding their future has led them to take the extreme step of hunger strikes to
demand changes in their situation.
3.
Hunger strikes and forced feedings
137. In February 2013 a large group of detainees at Guantanamo Bay initiated a hunger
strike to protest their state of indefinite detention and the conditions of
confinement. Although the hunger strike received much public attention, there
have been periodic large-scale hunger strikes over the years. Engaging in hunger
strikes as a means of protest has been a common practice among Guantanamo
detainees since the early years of Camp X-Ray. The first hunger strike reportedly
took place in the beginning of February of 2002. An incident involving a Koran that
was thrown on the floor during a cell search prompted a widespread hunger strike
that lasted for approximately one week. A military officer who was at Guantanamo
at that time recalls “some of the detainees being so weak they could not move and
152
153
154
IACHR, Press Release 29/13: IACHR, UN Working Group on Arbitrary Detention, UN Rapporteur on Torture, UN
Rapporteur on Human Rights and Counter-Terrorism, and UN Rapporteur on Health Reiterate Need to End the
Indefinite Detention of Individuals at Guantanamo Naval Base in Light of Current Human Rights Crisis, May 1,
2013.
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, Principles
XI and XXV, March, 2008.
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, OEA/Ser.L/V/II.Doc.64,
December 31, 2011, para. 242.
Organization of American States | OAS
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