that he lost consciousness and one side of his face subsequently remained paralyzed for 10
days.413
222. ODIHR considers that such practices contravene the prohibition of torture or ill-treatment
as understood by international law.414 They appear to have been inflicted intentionally by
government officials in order to extract a confession, obtain information or punish
detainees.415 Several of the techniques, at minimum, were reportedly perceived by the
detainees as a source of severe pain or suffering.416 Detainees’ treatment ultimately led to
the deterioration of their mental health, reportedly placing them “under a constant state of
stress, [suffering] from garbled conversation, disorientation, hallucination, irritability,
anger, delusions, and sometimes paranoia”.417 Former detainees interviewed by ODIHR
also mentioned sustaining physical injuries from their treatment in detention, including
with long term consequences.418
223. Additionally, depriving Guantánamo detainees of access to their basic rights and needs
over a prolonged period of time violated their right to be treated with humanity and respect
for the inherent dignity of the human being.419 As the techniques were specifically aimed at
causing stress and pressuring detainees into obtaining their co-operation, ODIHR
concludes that these restrictive and punitive conditions of detention, combined with the use
of prolonged solitary confinement, caused severe psychological or physical pain or
suffering to the detainees and amounted to cruel or inhuman treatment.420
224. ODIHR welcomes the commitment of the current administration to respect the prohibition
of torture and ill-treatment,421 and notes that the 2009 review of the conditions of
confinement at Guantánamo, known as the Walsh Report, concluded that detention
conditions were in conformity with Common Article 3.422 However, it is concerned that
any executive order, including Executive Order 13491, can be rescinded or overridden by
subsequent administrations.423 Furthermore, concurring testimonies and reports lead
413
ODIHR interview with Mustafa Ait Idir and Hajj Boudella, ibid.
See, also, UN Special Procedures, “Situation of detainees at Guantánamo Bay”, op. cit., note 23, paras. 51-54.
415
Ibid., para. 51.
416
Ibid., para. 52.
417
Break Them Down: Systematic Use of Psychological Torture by US Forces (Cambridge: Physicians for Human Rights, 2005),
p. 52, <http://humanrights.ucdavis.edu/resources/library/documents-and-reports/physicians_for_human_rights>.
418
ODIHR interview with David Hicks, op. cit., note 228; ODIHR interview with Mustafa Ait Idir and Hajj Boudella, op. cit.,
note 217.
419
See, also, UN Special Procedures, “Situation of detainees at Guantánamo Bay”, op. cit., note 23, para. 53.
420
Ibid.
421
Barack H. Obama, Executive Order 13491, op. cit., note 351; UN CAT, Third to fifth periodic reports of States parties due in
2011, United States of America, op. cit., note 162, para. 13; “Opening Statement, Mary E. McLeod, Acting Legal Adviser, U.S.
Department of State, Committee Against Torture, November 12-13, 2014 – Geneva”, op. cit., note 361, p. 2.
422
“Review of Department Compliance with President’s Executive Order on Detainee Conditions of Confinement”, 2009
(hereinafter, “Walsh Report”), p. 72,
<http://www.defense.gov/pubs/pdfs/review_of_department_compliance_with_presidents_executive_order_on_detainee_conditio
ns_of_confinementa.pdf>. This review was conducted pursuant to Section 6 of Executive Order 13492.
423
As executive orders can be rescinded or overridden, ODIHR welcomes the Senate amendment to the NDDA for the Fiscal
Year 2016, which reaffirms the prohibition of torture. At the time of writing, the 2016 NDAA had not been adopted. The bill was
passed in a vote in the House (May 2015) and subsequently passed in the Senate with changes (June 2015), but has yet to be
passed by both chambers in identical form. “H.R. 1735: National Defense Authorization Act for Fiscal Year 2016”, Govtrack.us,
<https://www.govtrack.us/congress/bills/114/hr1735>; “Text of the National Defense Authorization Act for Fiscal Year”,
Govtrack.us, 18 June 2015, Section 1040, <http://www.gpo.gov/fdsys/pkg/BILLS-114hr1735eas/pdf/BILLS-114hr1735eas.pdf>;
414
95
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents