procedures that would violate their profession’s code of ethics, or their religious and moral
beliefs.453 It also welcomes the statement that should a medical procedure be illegal, “every
military member of every specialty has an obligation to do all in his or her power to stop it
or refuse participation”.454
233. Furthermore, ODIHR is troubled by reports indicating that the current force-feeding
process at Guantánamo inflicts “gratuitous pain and suffering” on hunger strikers. It has
been alleged that “extraction teams” forcibly taking detainees from their cells to feeding
sessions use disproportionate force and violence to overpower detainees and illustrate
“who is in control”, that feeding tubes are too thick and are forcibly and painfully
reinserted for each feeding, as well as that fluids are forced into detainees at excessive
speed, causing severe enteral pain, inter alia.455 A restraint chair is also used for enteral
feedings as a matter of policy since late 2005.456
234. US Department of Defense representatives indicated to ODIHR that the use of force, if
needed, is kept to a minimum, further explaining that extraction teams are used to transport
detainees to enteral feedings when they refuse to freely do so.457 The force-feeding of
Guantánamo detainees has also been the subject of extensive debate in US federal courts,
as reflected for instance by the Dhiab v. Obama case. The judge in this particular case
successively denied a request to end the force-feeding of Abu Wa’el Dhiab on
jurisdictional grounds,458 decided a temporary ban on his force-feeding which was
453
“Ethical Guidelines and Practices for U.S. Military Medical Professionals”, Defense Health Board, 3 March 2015, p. ES7,
<http://www.health.mil/Reference-Center/Reports/2015/03/03/Ethical-Guidelines-and-Practices-for-US-Military-MedicalProfessionals>.
454
Ibid., p. ES5.
455
The force-feeding protocol at Guantánamo is being litigated before US federal courts. The allegations mentioned above have
been made by detainees and their counsel on several occasions. See, for instance, United States District Court for the District of
Columbia, Imad Abdullah Hassan v. Barack H. Obama, Case No. 04-cv-1194 (UNA), “Statement of Points and Authorities in
Support of Petitioner’s Application for Preliminary Injunction”, 11 March 2014,
<http://www.reprieve.org/uploads/2/6/3/3/26338131/2014.03.11_-_hassan_brief_and_exhibits_-_compressed.pdf>; United States
District Court for the District of Columbia, Abu Wa’el (Jihad) Dhiab v. Barack H. Obama, Case No. 05-1457, “Petitioner’s
notice of filing of expert report of Stephen N. Xenakis, M.D., LLC”, 15 September 2014,
<http://www.reprieve.org/uploads/2/6/3/3/26338131/2014_09_15_pub_expert_report_-_xenakis.pdf>. See, also, “Statement of
the UN Special Rapporteur on torture at the Expert Meeting on the situation of detainees held at the U.S. Naval Base at
Guantanamo Bay - Inter-American Commission on Human Rights”, OHCHR website, op. cit., note 108; Ethics Abandoned, op.
cit., note 430, p. xxvi. ODIHR interview with Lakhdar Boumediene, op. cit., note 216. Lakhdar Boumediene described to ODIHR
the procedure used when he was force-fed prior to his release in May 2009: “The normal procedure is that you are taken to the
chair (…) There are eight belts, wrists, head, legs, waist (…) [If you refused to do what they said] they would bring (…) the IRF
team (…) [and sometimes] use pepper spray (…) Literally all seven would come at me (…) they would take you regardless of
how many bones would be fractured. They would just grab you and throw you on the chair. (...) They would tighten the belts so
much on my stomach [that my stomach could not keep anything]. (…) Only very few people persist [with their hunger strike] in
spite of this torture”.
456
United States District Court for the District of Columbia, Dhiab v. Obama, Exhibit 33A, “Health Declaration”, “Declaration
of Colonel David E. Heath”, 26 September 2014, para. 8,
<https://s3.amazonaws.com/s3.documentcloud.org/documents/1309854/guantanamo-hunger-strike-tps-and-sops.pdf>; United
States District Court for the District of Columbia, Dhiab v. Obama, 7 November 2014, p. 13,
<http://www.reprieve.org/uploads/2/6/3/3/26338131/2014_11_07_pub_kessler_opn_denying_mot_prelim_injunction.pdf>;
Ethics Abandoned, op. cit., note 430, p. xxvi.
457
ODIHR Meeting with the Department of Defense Office of the General Counsel and Office of Detainee Policy, op. cit., note
194.
458
United States District Court for the District of Columbia, Dhiab v. Obama, 8 July 2013,
<http://legaltimes.typepad.com/files/gitmo-order.pdf?utm_source=Press+mailing+list&utm_campaign=8f48b175162013_07_08_Gtmo_forcefeeding_controls&utm_medium=email&utm_term=0_022da08134-8f48b17516-285915546>.
100
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