284. Should this ad hoc solution be mirrored in cases where medical necessity requires
resources and equipment that are not available at Guantánamo at the time, it would
nevertheless not sufficiently alleviate ODIHR’s concerns that the legislative ban on
detainee transfer to the United States may prevent Guantánamo detainees from receiving
timely and appropriate healthcare, especially in emergency situations. If no alternative
means to ensure adequate care for all detainees is found, this legislative ban would place
the United States in contravention of international standards.
d. Recommendations
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Concerning the detention of any Guantánamo detainee, to ensure that timely and
appropriate medical, psychological and dental care is provided;
To ensure that only medical personnel are involved in decisions regarding the medical care
of detainees;
To ensure that detainees suffering from mental health issues are not treated as noncompliant detainees or held in solitary confinement in punitive conditions;
To ensure that detainees’ medical records are complete and accurate; to allow detainees and
their attorney(s) direct access to the detainees’ complete medical records;
To ensure that allegations by detainees and suspicions by official personnel of torture or illtreatment are documented and reported to the competent authorities and/or international
bodies; to ensure that medical investigations into allegations of torture or ill-treatment
include a medical assessment as to the probable relationship between the physical or
psychological injury or symptom and the possible torture or ill-treatment;
Pending the closure of the Guantánamo Bay detention facility, to allow for the transfer of
detainees to US territory if necessary medical resources or equipment cannot reasonably be
made available at the Guantánamo Naval Base;
To allow detainees immediate access to independent medical and psychological
professionals with specific relevant expertise, and increase their involvement in the care of
detainees.
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