66 | Towards the Closure of Guantanamo
according to their religious beliefs, and that guards [had] been disrespectful during
prayer times.” 158 The United States, however, believes that this was an organized
act of asymmetrical warfare. 159
141. According to information provided by the U.S. Government, on April 13, 2013, the
commander of the JTF-GTMO ordered the transition of detainees from communal to
single-cell living at Camp 6. This was reportedly done “to ensure the health,
security, order, and safety of detainees, for which around the clock monitoring is
necessary, in response to efforts by detainees to limit the guard force’s ability to
observe the detainees by covering surveillance cameras, windows, and glass
partitions.” The Government asserts that the vast majority of detainees complied
with the guards’ instructions but some detainees resisted with improvised weapons
and, in response, four non-lethal rounds were fired. There were reportedly no
serious injuries to guards or detainees. 160
142. The perspective of defense counsel, however, differs from that of the Government.
They indicate that the response to the hunger strike was swift and severe and that a
raid took place in Camps 5 and 6 in an effort by the military to regain control of the
hunger strike. As a result, all the detainees in those camps, about three quarters of
the detained population in Guantanamo, were reportedly put in single cell isolation
with no human contact for 22 to 24 hours a day and force-fed. At the same time, all
of their possessions, their legal and non-legal materials, were reportedly seized. 161
The military allegedly reinstituted a policy of genital searches any time a detainee
left the camp, so if a detainee was going to make a phone call, meet with the ICRC or
with counsel, he would have his genital area searched. This, according to defense
counsel, was a form of religious discrimination and humiliation for the detainees. 162
143. Available information indicates that about 45 detainees were forcibly fed during the
2013 hunger strike. According to the United States Government, the Department of
Defense supports “the preservation of life by appropriate clinical means, in a
humane manner, and in accordance with all applicable laws and policies.” With
regard to the forced feedings, the U.S. Government informed the IACHR that the
overwhelming majority of detainees were cooperative throughout the procedure;
that some individuals who were force-fed also consumed portions of their daily
meals; and that the choice of solid food or supplement was always offered to the
detainees. 163 In its response to this report, the U.S. Government pointed out that
158
159
160
161
162
163
Communication sent by the Center for Justice and International Law and the Center for Constitutional Rights
in the context of precautionary measures 259-02 and 211-08, April 11, 2013, p. 3.
IACHR’s Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay,
Washington DC, October 3, 2013.
Communication sent by the United States Government in the context of precautionary measures 259-02, July
11, 2013.
IACHR’s Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay,
Washington DC, October 3, 2013.
IACHR’s Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay,
Washington DC, October 3, 2013.
Communication sent by the United States Government in the context of precautionary measures 259-02, July
11, 2013.
Organization of American States | OAS
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