56 | Towards the Closure of Guantanamo
114. With regard to the role and responsibility of health professionals, the IACHR
highlights that, according to the Istanbul Protocol, it is a gross contravention of
health-care ethics to participate, actively or passively, in torture or condone it in any
way. 111 The Principles of Medical Ethics relevant to the Role of Health Personnel,
particularly Physicians, in the Protection of Prisoners and Detainees against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, make clear that
health professionals have a moral duty to protect the physical and mental health of
detainees and that assessment of detainees’ health in order to facilitate punishment
or torture is clearly unethical. 112 In this regard, participation in torture includes
“evaluating an individual’s capacity to withstand ill-treatment; being present at,
supervising or inflicting maltreatment; resuscitating individuals for the purpose of
further maltreatment or providing medical treatment immediately before, during or
after torture on the instructions of those likely to be responsible for it; providing
professional knowledge or individuals’ personal health information to torturers;
and intentionally neglecting evidence and falsifying reports, such as autopsy reports
and death certificates.” 113
115. The Inter-American Commission notes that conditions at Guantanamo today have
improved since the days of Camp X-Ray. On his second day in office President
Obama issued Executive Order 13491, Ensuring Lawful Interrogations, directing the
U.S. military and other U.S. agencies to follow the Army Field Manual, which bans
torture when interrogating detainees, “to promote the safe, lawful and humane
treatment of individuals in United States custody” in accordance with Common
Article 3 of the Geneva Conventions. 114 The Executive Order revoked all executive
directives, orders, and regulations inconsistent with this order, including but not
limited to those issued by the CIA from September 11, 2001, to January 20, 2009.
Further, in its response to this report, the United States claimed that the harsh
interrogation techniques highlighted in the SSCI Report “are not representative of
how the United States deals with the threat of terrorism today, and are not
consistent with [U.S.] values.” 115
111
112
113
114
115
Istanbul Protocol, Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Professional Training Series No. 8/Rev.1, United Nations,
New
York
and
Geneva,
2004,
para.
52.
Available
at:
http://www.ohchr.org/Documents/Publications/training8Rev1en.pdf
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection
of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
adopted by General Assembly resolution 37/194 of 18 December 1982.
Istanbul Protocol, Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Professional Training Series No. 8/Rev.1, United Nations,
New York and Geneva, 2004, para. 53.
Executive Order 13491, Ensuring Lawful Interrogations, January 22, 2009. Available at:
http://www.whitehouse.gov/the-press-office/ensuring-lawful-interrogations
Submission of the Government of the United States to the Inter-American Commission on Human Rights with
respect to the Draft Report on the Closure of Guantanamo, OEA/Ser.L/V.II.Doc. 30 January 2015, March 30,
2015, p. 5.
Organization of American States | OAS
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