“acquiescence” than the Committee against Torture, thus narrowing the scope of the
domestic prohibition of torture. Additionally, US law may not cover degrading treatment
or punishment to the same extent as the CAT.
26.
The Bush administration interpreted provisions against torture and ill-treatment in ways
that defied and greatly weakened the prohibition of torture, drastically restricting the range
of acts that would constitute torture as per the international definition. It appears that the
Bush Administration interpreted international standards on torture in a way that aimed at
institutionalizing a system effectively authorizing and perpetuating torture in violation of
international law.
27.
The Obama administration undertook a number of positive steps, stressing the US
commitment to Common Article 3 as a minimum baseline for treatment in detention,
including detention conditions and the interrogation of detainees arrested in the context of
any armed conflict. It has also reaffirmed the prohibition of torture and cruel, inhuman or
degrading treatment or punishment of individuals detained in one of the facilities it
operates, controls or owns, and asserted that the prohibition applies to all areas that it
“controls as a governmental authority” outside of its territory, such as Guantánamo.
However, while explicitly prohibiting abusive techniques, the revised Army Field Manual,
which serves as guidance for interrogations, may still result in some practices amounting to
torture or cruel, inhuman or degrading treatment or punishment. ODIHR also encourages
the United States to clearly acknowledge that the torture and ill-treatment prohibition
applies to all areas over which it exercises “effective control”, including detention facilities
abroad.
28.
Detention and interrogation practices at Guantánamo. A wide variety of sources,
including leaked ICRC reports and official reports have pointed to numerous instances of
abuse at Guantánamo under the Bush administration. Interviews with former Guantánamo
detainees have provided ODIHR with further information on the severity of abuses
inflicted upon them during their detention and interrogations. Practices were reportedly
designed to break detainees’ will, cause stress and make them co-operate with and wholly
dependent on their interrogators who had total control over their level of isolation, access
to comfort items and basic needs such as access to food, drinkable water, sunlight or fresh
air. The lack of co-operation with interrogators and non-compliance with constantlychanging prison rules were punished, including by the removal of basic items and
prolonged isolation. Documented cases corroborated by ODIHR interviews of former
detainees indicate the routine use of excessive force against detainees by the Initial
Reaction Forces and during the force-feeding of hunger strikers.
29.
These practices contravened the prohibition of torture as defined under international law.
They appear to have been inflicted intentionally by government officials in order to extract
a confession, obtain information or punish detainees. They have been a source of severe
pain or suffering as reported by detainees, leading to the deterioration of their mental
health and to physical injuries, including with long-term consequences in some cases.
12
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