Chapter 3 Conditions of Detention | 59
Common Article 3 of the Geneva Conventions. 125 After 13 days of onsite
investigations, the team issued a report on February 23, 2009, concluding that the
conditions of confinement met the requirements of Common Article 3. 126 The team
found no “substantiated evidence of prohibited acts” in the course of the review.
Military and civilian defense counsel have criticized the report claiming that the
methodology of the Department of Defense “was flawed from the start” and that “it
was merely an internal, executive level assessment that lacked any peer review
[and] failed to solicit scrutiny or input directly from the detainees themselves,
lawyers for detainees, and representatives of the International Committee of the
Red Cross (ICRC), the U.N., the “Sending” states, and civil-society stakeholders.”
122. The Inter-American Commission has received troubling information regarding
prison conditions at Camp 7, a single-cell facility currently used to house a small
group of special detainees, known as “high-value detainees.” These detainees are
reportedly held incommunicado and are not subject to the same treatment accorded
to other prisoners. On May 20, 2013, a group of eighteen military and civilian
defense counsel representing the “high-value detainees” sent a joint request to
Secretary of Defense Charles Hagel to improve the conditions of confinement in
Guantanamo. 127 They pointed out that these detainees are not permitted to contact
their families by telephone or video; that their access to religious materials has been
restricted (such as the sayings and descriptions of the life of the Prophet
Mohammed); that they have limited recreational opportunities; and that they are
not permitted to participate in group prayer, contrary to the entitlements of other
detainees.
123. The request noted that, although the report issued by Admiral Walsh “was
methodologically flawed,” he “did note his strenuous concerns about whether the
confinement conditions at Camp 7 were humane.” 128 The report considered that “in
certain camps, further socialization is essential to maintain humane treatment over
time” and strongly recommended to “give detainees in Camp 7 opportunities for
group prayer with three or more detainees, similar to practices in other camps.”129
According to defense counsel, the recommendations outlined in the 2009 report
have not been fulfilled. Defense counsel also stated that the JTF-Guantanamo’s
guard force adopted procedures that could only be construed as intended to
125
126
127
128
129
U.S. Department of Defense, DoD News, Navy Admiral to Lead Review of Guantanamo Detention Facility,
February 3, 2009. Available at: http://www.defense.gov/news/newsarticle.aspx?id=52940
U.S. Department of Defense, Review of Department Compliance with President’s Executive Order on Detainee
Conditions
of
Confinement,
February
23,
2009.
Available
at:
http://www.defense.gov/pubs/pdfs/REVIEW_OF_DEPARTMENT_COMPLIANCE_WITH_PRESIDENTS_EXECUTIV
E_ORDER_ON_DETAINEE_CONDITIONS_OF_CONFINEMENTa.pdf
Joint letter to Secretary Hagel, Re: Requests to Improve the Conditions of Confinement in Guantanamo, from
military and civilian counsel, May 20, 2013. Letter submitted during the IACHR’s Expert Meeting on the
situation of detainees held at the U.S. Naval Base at Guantanamo Bay, Washington DC, October 3, 2013.
Joint letter to Secretary Hagel, Re: Requests to Improve the Conditions of Confinement in Guantanamo, from
military and civilian counsel, May 20, 2013. Letter submitted during the IACHR’s Expert Meeting on the
situation of detainees held at the U.S. Naval Base at Guantanamo Bay, Washington DC, October 3, 2013.
U.S. Department of Defense, Review of Department Compliance with President’s Executive Order on Detainee
Conditions of Confinement, February 23, 2009, pp. 5 and 26.
Inter-American Commission on Human Rights | IACHR
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