58 | Towards the Closure of Guantanamo
above-mentioned precautionary measures has resulted in irreparable harm to the
fundamental rights of the detainees. 120
119. The IACHR also reminds the United States that the right to reparation for victims of
torture is a well-established principle of international law and, according to the
ICRC, a rule that is applicable in any type of armed conflict. 121 The consequences of
torture “reach far beyond the immediate pain.” 122 Many victims suffer from posttraumatic stress disorder (PTSD). The report issued by the U.S. Senate Intelligence
Committee in December 2014 states in this regard that the effects of the use of
enhanced interrogation techniques on the detainees included “hallucinations,
paranoia, insomnia, and attempts at self-harm and self-mutilation.” 123 The IACHR
notes that U.S. courts have dismissed claims for damages under the Fifth
Amendment (so called “Bivens claims”) brought against federal officials by a former
Guantanamo detainee. Federal courts have also rejected, based on national security
concerns, civil suits brought by former Guantanamo detainees under the Alien Tort
Statute against a Boeing subsidiary accused of arranging flights for the CIA in the
context of the “extraordinary rendition program.”124 The IACHR reiterates the call
to the United States to provide integral reparations to the victims, including
restitution, compensation, rehabilitation, satisfaction and measures of nonrepetition, pursuant to international standards.
2.
Cruel, inhuman or degrading treatment
120. Although progress has been made to improve conditions of detention at
Guantanamo, there are still many areas of concern.
The Inter-American
Commission notes in this regard that detainees at Camp 7 do not enjoy the same
treatment accorded to other prisoners; that health care faces many challenges, in
particular given the ageing population at Guantanamo; and that religion is still a
sensitive issue. Further, the IACHR is especially concerned with the suffering, fear
and anguish caused by the situation of ongoing indefinite detention, which has led
to several hunger strikes as a form of protest and, in some extreme cases, to the
drastic decision by prisoners to end their lives.
121. As part of President Obama’s decision to close the facility, the Department of
Defense selected Admiral Patrick M. Walsh in 2009 to lead a review of the
conditions of detention at Guantanamo to ensure that they were in conformity with
120
121
122
123
124
IACHR, Resolution No. 2/11, Regarding the Situation of the Detainees at Guantanamo Bay, Precautionary
Measure 259-02, July 22, 2011.
ICRC, Customary IHL, Rule 150. Reparation. Available at: https://www.icrc.org/customaryihl/eng/docs/v1_rul_rule150
International Rehabilitation Council for Torture Victims, Effects of torture. Available at:
http://www.irct.org/what-is-torture/effects-of-torture.aspx
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.
See in this regard, Center for Constitutional Rights, Hamad v. Gates (amicus brief). Available at:
http://ccrjustice.org/ourcases/current-cases/hamad-v.-gates-amicus; and ACLU, Mohamed et al. v. Jeppesen
Dataplan, Inc., November 15, 2011. Available at: https://www.aclu.org/national-security/mohamed-et-al-vjeppesen-dataplan-inc
Organization of American States | OAS
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