54 | Towards the Closure of Guantanamo
subjected to systemic physical and/or psychological ill-treatment that amounted to
torture. Among the different methods of ill-treatment described in the report are
suffocation by water, prolonged stress standing positions (held naked with the arms
extended and chained above the head), beatings by use of a collar held around the
detainees neck and used to forcefully bang the head and body against the wall,
confinement in a box, prolonged nudity for several weeks or months, and sleep
deprivation.
In this regard, Jason Wright, defense counsel for Khalid Sheikh
Mohammed, one of the six “high value detainees” being prosecuted at Guantanamo,
stated that his client in particular has faced a level of torture “beyond
comprehension.” According to declassified information, he was waterboarded by
the CIA 183 times, subjected to over a week of sleep deprivation, and threatened
that his family would be killed. 100
108. On December 3, 2014, the U.S. Senate Select Committee on Intelligence (SSCI)
published a declassified version of the findings, conclusions and executive summary
of a 6,700-page study documenting the program of indefinite secret detention and
the use of brutal interrogation techniques by CIA personnel between late 2001 and
early 2009. 101 The Committee, which during four years reviewed more than six
million pages of CIA materials, revealed shocking details about the “enhanced
interrogation techniques” some of them already known through the “Torture
Memos” and other sources. Based on the “overwhelming and incontrovertible”
evidence in the report, Senator Feinstein also concluded that “under any common
meaning of the term, CIA detainees were tortured;” and that the conditions of
confinement and interrogation techniques were “cruel, inhuman and degrading.”
The study includes the description of the use of enhanced interrogation techniques
regarding persons who were later transferred to Guantanamo. The IACHR has
called on the United States to investigate and punish the acts of torture established
in the report. 102
109. In a hearing held on March 16, 2015, at the IACHR, military defense counsel alleged
that U.S. Prosecutors take the position that the memories, impressions and
experiences of torture victims are classified and belong to the U.S. Government. 103
The United States reportedly prohibits the detainees and their advocates from
revealing information about their treatment to any organization other than a U.S.
Department of Defense military commission, preventing torture victims from
seeking rehabilitation, redress and accountability.
100
101
102
103
NPR, Guantanamo Defense Lawyer Resigns, Says U.S. Case Is “Stacked,” August 31, 2014. Available at:
http://www.npr.org/2014/08/31/344576895/guantanamo-defense-lawyer-resigns-says-u-s-case-is-stacked
U.S. Senate, Senate Select Committee on Intelligence, Committee Study of the Central Intelligence Agency’s
Detention and Interrogation Program, Declassification Revisions December 3, 2014. Available at:
http://www.intelligence.senate.gov/study2014/sscistudy1.pdf
IACHR Calls on the United States to Investigate and Punish Acts of Torture Established in the Senate
Intelligence Committee Report, Press Release No. 152/14, December 12, 2014.
IACHR’s hearing, Human Rights Situation of Persons Deprived of Liberty at the Guantanamo Naval Base,
United States, 154 period of sessions, March 16, 2015.
Organization of American States | OAS
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