seen by specialists when their condition so requires. A prison should nonetheless provide adequate facilities and medical staff to deal with emergencies if outside facilities are too remote or inaccessible.574 Accurate medical records should also be kept.575 At the time of writing, US authorities had not conceded that the Eighth Amendment applies to Guantánamo detainees. 270. The Department of Defense Directive on the DoD Detainee Program stipulates that all detainees should be treated humanely, which includes “appropriate medical care and attention required by the detainee’s condition to the extent practicable”. The Directive also stipulates that “[detainees] will not be subjected to medical or scientific experiments”.576 The Department of Defense Instruction on Medical Program Support for Detainee Operations further requires that “in general, health care [be] provided with the consent of the detainee” and that “accurate and complete medical records [be] created and maintained”.577 Medical personnel are to be trained to detect and report signs of abuse or neglect.578 c. Findings and Analysis 271. Early efforts were made at Guantánamo to arrange medical care.579 Medical facilities now include a detainee hospital, medical treatment rooms at Camps 5, 6 and 7, and a behavioural health unit. These provide medical, dental and mental health care to detainees. If required, detainees can also be treated at the Naval Hospital on the main base, including for major surgeries. Specialists can also be brought to Guantánamo.580 Detainees cannot be brought to the United States for medical treatment even in case of medical emergency.581 The United States nevertheless argues that Guantánamo detainees receive “quality care on the same level as that which US service members receive while on the base”.582 Richard Murphy v. Richard E. Walker, Case No. 94-1820, 4 April 1995, <http://caselaw.findlaw.com/us-7thcircuit/1248951.html> (several month delay in getting prisoner with head injury to a doctor). 574 See, for instance, United States Court of Appeals, Ninth Circuit, Frederick Hoptowit et al. v. Dixy Lee Ray et al., Case No. No. 80-3366, 16 February 1982, <http://openjurist.org/682/f2d/1237/hoptowit-v-ray-w-md>; “Know your rights - Medical, dental and mental health care”, American Civil Liberties Union website, ibid., p. 6. 575 See, for instance, United States Court of Appeals, Eight Circuit, Tyrone Antonio Johnson-El, et al. v. Vincent C. Schoemehl, et al., Case No. 88-1252, 17 July 1989, <http://openjurist.org/878/f2d/1043/johnson-el-v-c-schoemehl-f-lt>; United States District Court for the Eastern District of California, Ralph Coleman, et al. v. Pete Wilson, et al., Case No. S-90-0520 LKK JFM, 13 September 1995, <http://www.leagle.com/decision/19952194912FSupp1282_12061.xml/COLEMAN%20v.%20WILSON>; “Know your rights - Medical, dental and mental health care”, American Civil Liberties Union website, ibid., p. 7. 576 Department of Defense Directive 2310.01E, op. cit., note 14, paras. 3.b(1)(d) and 3.b(2). 577 Department of Defense Instruction 2310.08E, “Medical Program Support for Detainee Operations”, 6 June 2006, paras. 4.2, 4.7, <http://www1.umn.edu/humanrts/OathBetrayed/Winkenwerder%206-6-2006.pdf >. 578 Ibid., para. 4.5; UN CAT, Third to fifth periodic reports of States parties due in 2011, United States of America, op. cit., note 162, paras. 101, 106. 579 Ethics Abandoned, op. cit., note 430, p. xix; Walsh Report, op. cit., note 422, p. 13. 580 Detailed descriptions of the medical facilities at Guantánamo are available in: Walsh Report, ibid., pp. 13-15; GAO November 2012 Report, op. cit., note 425, pp. 21-22; Carol Rosenberg, “Web Extra – A prison camps primer”, Miami Herald website, last updated on 15 June 2014, <http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article1939250.html>. 581 The NDAA bans all transfers of Guantánamo detainees to the United States, which effectively prevents any transfer for emergency medical care. Although it has been proposed that an exception allowing for emergency medical care in the United States, in limited circumstances, be included in the NDAA, in the past, the final Act has so far not incorporated this provision. 582 UN CAT, Third to fifth periodic reports of States parties due in 2011, United States of America, op. cit., note 162, para. 222; Walsh Report, op. cit., note 422, p. 52. 117