68 | Towards the Closure of Guantanamo
fully informed consent, about what a detainee wants and about the way to make
decisions about their life if it were in danger. However, according to some experts,
that did not occur during the 2013 hunger strike. What allegedly occurred were
much more abbreviated conversations about what the detainees understood might
happen, which were reportedly compromised by the lack of trust between the
clinicians and the detainees. 168
147. The force-feeding that has been taking place at Guantanamo is widely considered to
be in violation of medical ethics and international law, which prohibits cruel,
degrading and humiliating treatment. In an opinion issued on July 8, 2013, U.S.
District Judge Gladys Kessler denied the request filed by Jihad Dhiab to end the
forced feeding for lack of jurisdiction to rule on conditions of confinement at
Guantanamo. However, Judge Kessler stated that “force-feeding is a painful,
humiliating, and degrading process” and said President Obama has the authority to
directly address this issue. 169 On May 16, 2014, the same federal judge ordered the
U.S. Government to temporarily suspend the forced feeding of Mohammed Abu
Wa’el Dhiab and preserve all videotapes of the forced feedings and forcible cell
extractions of the detainee. 170 This was the first time such a suspension was
ordered by a federal judge. However, on May 22, 2014, the temporary ban was
lifted. The judge reportedly said that, faced with the very real probability that Mr.
Dhiab will die, she had no choice but to “allow the medical personnel on the scene to
take the medical actions to keep Mr. Dhiab alive, but at the possible cost of great
pain and suffering.”171
148. The IACHR has stressed that, according to the World Medical Assembly’s
Declaration of Malta, in cases involving people on hunger strikes, the duty of
medical personnel to act ethically and the principle of respect for individuals’
autonomy, among other principles, must be respected. 172 Under these principles, it
is unjustifiable to engage in forced feeding of individuals contrary to their informed
and voluntary refusal of such a measure. Moreover, hunger strikers should be
protected from all forms of coercion, even more so when this is done through force
and in some cases through physical violence. Health care personnel may not apply
undue pressure of any sort on individuals who have opted for the extreme recourse
of a hunger strike. It is also not acceptable to use threats of forced feeding or other
168
169
170
171
172
IACHR’s Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay,
Washington DC, October 3, 2013.
Jihad
Dhiab
v.
Barack
Obama,
No.
05-1457
(D.C
Cir.
2013).
Available
at:
http://legaltimes.typepad.com/files/gitmo-order.pdf
Reprieve, Press release, Judge orders US government to halt force-feeding of Guantanamo prisoner and
preserve video evidence of his ordeal, May 16, 2014. Available at: http://www.reprieve.org/judge-orders-usgovernment-to-halt-force-feeding-of-guantaacutenamo-prisoner-and-preserve-video-evidence-of-abuse.html
CNN, Justice allows forced feeding to resume on Guantanamo detainee, May 23, 2014. Available at:
http://www.cnn.com/2014/05/23/justice/guantanamo-detainee-forced-feeding/index.html
Article 21 of the 1991 Malta Declaration of the World Medical Association (as revised in 1992 and 2006)
establishes: “Forcible feeding is never ethically acceptable. Even if intended to benefit, feeding accompanied
by threats, coercion, force or use of physical restraints is a form of inhuman and degrading treatment. Equally
unacceptable is the forced feeding of some detainees in order to intimidate or coerce other hunger strikers to
stop fasting.”
Organization of American States | OAS
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