Chapter 3 Conditions of Detention | 39
CONDITIONS OF DETENTION
63.
64.
One of the mandates of the Inter-American Commission on Human Rights, fulfilled
with the support of its Rapporteurship on the Rights of Persons Deprived of Liberty,
is to monitor conditions of confinement in detention facilities throughout the
hemisphere. As part of this mandate, the IACHR has closely followed the conditions
of detention at the U.S. Naval Base in Guantanamo Bay. In 2005, the Commission
extended the scope of precautionary measures 259-02 to request the United States
to investigate, prosecute and punish all instances of torture and other ill-treatment
that could have been perpetrated at Guantanamo. Since then, the IACHR has
monitored the situation through the precautionary measures, public hearings and
working meetings.
This chapter will focus first on the evolution of the legal status of prisoners at
Guantanamo and the changes in the position of the U.S. Government since 2009. It
will also address how inter-American human rights standards should be applied in
times of armed conflict, in particular how any deprivation of liberty should be
conducted in the context of armed conflicts. The chapter will then address the
major issues surrounding the detainees’ right to personal integrity, in particular the
authorized use of torture in interrogations during the early years of the
Guantanamo detentions and the role and responsibility of health professionals who
participated or condoned those acts. Further, the IACHR will identify some other
areas of concern such as prison conditions at Camp 7, problems in the provision of
health care adapted to the needs of the detainees, and religious and cultural
competence issues. Finally, this chapter will assess how the U.S. Government has
dealt with the hunger strikes, which have become the main form of protest at
Guantanamo, in light of the State’s obligations vis-à-vis persons deprived of liberty.
A.
Right to personal liberty and indefinite detention
65.
The right to personal liberty and security and to be free from arbitrary arrest is
provided for in Articles I and XXV of the American Declaration as follows:
Article I. Every human being has the right to life, liberty and the security of his
person.
Article XXV. No person may be deprived of liberty except in the cases and
according to the procedures established by pre-existing law. No person may be
deprived of liberty for nonfulfillment of obligations of a purely civil character.
Every individual who has been deprived of his liberty has the right to have the
Inter-American Commission on Human Rights | IACHR
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