41.
Medical care, in particular prior to 2008, has been described as not only “inadequate and
negligent, but also abusive”. Reported past practices included, for instance, long delays or
denial of medical treatment, inadequate care, treatment conditioned on detainees’ cooperation with interrogators, humiliating treatment, forced drugging, forced medication for
mental illness, prolonged solitary confinement in punitive conditions of detainees with
mental health issues, force-feeding of hunger strikers, among others. Such practices run
contrary to the right of detainees to receive adequate medical care. Additionally, subjecting
detainees with mental health issues to prolonged solitary confinement in punitive
conditions would not only amount to a violation of this right but could also constitute illtreatment.
42.
Other concerns included deficient mechanisms for medical personnel to report abuse and
their failure to do so, in contravention of international standards on effective investigation
and documentation of torture and other forms of ill-treatment.
43.
Medical care has improved over the years and for certain medical conditions, it has been
presented to ODIHR as equivalent as or higher than in other detention facilities in the
United States.
44.
Adequate medical care may not be provided to military commission defendants. In
addition, the limited access of attorneys and defendants to their (said to be incomplete)
medical records, including documentation of acts of torture and ill-treatment, may have an
impact on the outcome of their case. This would contravene international standards
providing for detainees’ right to access their medical records.
45.
The legislative ban on detainee transfer to the United States may prevent the aging
Guantánamo population, presenting increasingly complex medical problems, from
receiving timely and appropriate healthcare, especially in emergency situations. The
possibility of treating detainees in the Naval Base Hospital may not present a quality
alternative to ensure adequate care of detainees as it lacks certain specialty medical
capabilities.
CIA Rendition, Detention and Interrogation Programme
46.
Under its RDI programme, the CIA secretly captured, detained and interrogated individuals
in secret locations (including reportedly at Guantánamo) and transferred individuals to
third countries to be secretly detained and interrogated on behalf of the United States. The
report focuses primarily on the situation of those detainees who were subsequently
transferred to Guantánamo under military custody, and, to a certain extent, under CIA
detention.
47.
Reportedly going beyond its authority to detain individuals given in the executive
Memorandum of Notification (MON) of 2001, the CIA allowed the detention of not only
“high-value targets” who “pose a continuing threat of violence” or who were “planning
terrorist activities” but also individuals who could provide information on the high-value
targets. The CIA detained at least 119 individuals as part of this programme, at least 26 of
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