nine Guantánamo detainees who had alleged abuse, as this review found a correlation
between detainees’ symptoms and their allegations of abuse but noted that medical
personnel treating these detainees “failed to inquire and/or document causes of the physical
injuries and psychological symptoms they observed”.599 Such failure runs contrary to
international standards, including the Istanbul Protocol on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.600
278. Several past practices continue to impact the current quality of care provided to
Guantánamo detainees. First, the involvement of behavioural science consultation teams in
interrogations led to detainees’ severe distrust of medical personnel.601 Other practices
carried out by medical personnel also undermined the doctor/patient relationship. This is
the case of force-feeding, a practice which is still used in conditions that some hunger
strikers have recently described as extremely painful.602 Similarly, while medical personnel
no longer participate in security functions such as body-cavity searches, it has been
reported that they may still allow the sedation of detainees for transportation and security
purposes.603 It can reasonably be assumed that past abuses and current practices such as
force-feeding keep fuelling detainees’ distrust of medical personnel. Furthermore, the rapid
rotation of medical personnel appears to further undermine the development of a trusting
relationship between detainees and medical staff and the effectiveness of medical care.604
Lack of trust is said to remain a significant problem which still compromises the quality of
care at Guantánamo.605
279. Lack of timely and appropriate medical care may have an adverse effect on detainees’
ability to meaningfully participate in the proceedings against them. For this reason, defence
599
The Report of The Constitution Project's Task Force on Detainee Treatment, op. cit., note 183, p. 227; Vincent Iacopino and
Stephen N. Xenakis, “Neglect of Medical Evidence of Torture in Guantánamo Bay: A Case Series”, PLOS Medicine, 26 April
2011, <http://www.plosmedicine.org/article/info%253Adoi%252F10.1371%252Fjournal.pmed.1001027>.
600
Istanbul Protocol, op. cit., note 313, paras. 67, 69, 72; “Principles on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, op. cit., note 564, Principle 6(b).
601
UN Special Procedures, “Situation of detainees at Guantánamo Bay”, op. cit., note 23, para. 76; Ethics Abandoned, op. cit.,
note 430, pp. xix, 47. In 2004, the ICRC, for instance, reported that detainees did not seek care for fear that medical personnel
would pass on the information to interrogators. Lewis, “Red Cross Finds Detainee Abuse in Guantánamo”, op. cit., note 399. For
more information about the involvement of behavioural science consultation teams in interrogations, see Part 1-II-A of this
report.
602
For more information about the force-feeding of Guantánamo detainees, see Part 1-II-A of this report.
603
Ethics Abandoned, op. cit., note 430, p. 47.
604
ODIHR interview with Brigadier General Stephen Xenakis, op. cit., note 231; United States Military Commission, United
States of America v. Al-Nashiri, “Unofficial/unauthenticated transcript of the hearing dated 4/24/2014 from 09:06 AM to 11:20
AM”, p. 3753; “Medical Care and Medical Ethics at Guantanamo: A conference co-sponsored by The Constitution Project and
Global Lawyers and Physicians - Post-conference summary”, The Constitution Project’s Task Force on Detainee Treatment
website, 2 December 2013, p. 8, <http://detaineetaskforce.org/wp-content/uploads/2013/12/12-2-Conference-SummaryFINAL.pdf>.
605
ODIHR interview with Brigadier General Stephen Xenakis, op. cit., note 231; ODIHR interview with Physicians for Human
Rights, op. cit., note 472. See, also, United States District Court for the District of Columbia, Shaker Aamer v. Barack H. Obama,
Case No. 04-CV-2215 (RMC), “Petitioner’s motion for judgment on his petition for writ of habeas corpus”, 7 April 2014, p. 9,
<http://s3.documentcloud.org/documents/1104737/aamer-ill-motion.pdf>: “Because Joint Medical Group (…) physicians at
Guantánamo are accountable to the Joint Detention Group (…) rather than their patients, a relationship of trust and agreement
between JMG physicians and their prisoner-patients is impossible. (…) Further, “the ability to collaborate and build physiciantrust at Guantánamo is impossible because [Joint Medical Group] clinicians were often complicit in the abusive interrogations of
their patients. (…)With no possibility of sustained doctor-patient trust at Guantánamo, any treatment the [Joint Medical Group]
provides in an attempt to rehabilitate Mr. Aamer’s mental and physical fitness will be doomed to fail.”
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