30. Restrictive and punitive conditions of detention included, for instance, depriving detainees of access to their basis rights and needs over a prolonged period of time. These practices, combined with the use of prolonged solitary confinement, reportedly caused severe psychological or physical pain or suffering to the detainees, and amounted to cruel or inhuman treatment. 31. While the commitment of the Obama administration to respect the prohibition of torture and ill-treatment is welcome, concurring testimonies and reports point to a deterioration of the conditions of confinement in 2011 and even further in 2013 following a mass hunger strike, thus calling into serious question the US statement on the compliance of such conditions with Common Article 3. 32. Physical isolation remains the norm for a number of detainees kept in segregated cells with access to two to four hours of recreation per day, alone or with one other detainee. At a minimum, all detainees who spend 22 hours a day in segregated cells are undoubtedly held in solitary confinement. While US officials maintain that single-cell confinement does not amount to solitary confinement, these conditions of detention cannot be considered as allowing meaningful contact with other detainees. 33. Solitary confinement can lead to severe impact on detainees’ health and its effect can be even more pronounced in cases of individuals suffering mental distress from past abuses. Solitary confinement has to remain exceptional and can amount to torture or ill-treatment, depending on the circumstances of a particular case. To ODIHR’s knowledge, solitary confinement at Guantánamo has been used, among others, to gather intelligence or punish detainees. When used to extract information or a confession, or when it is imposed as punishment for breaching prison rules and leads to severe pain or suffering, solitary confinement violates the prohibition of torture and ill-treatment. Moreover, ODIHR considers that solitary confinement combined with the prospect of indefinite detention is even more likely to amount to torture or ill-treatment. 34. Hunger strikes and force feeding at Guantánamo. The reportedly substantial deterioration of confinement conditions during hunger strikes, including the most recent mass hunger strike of 2013 seems to constitute a system of punishment or reward implemented to break the hunger strike and discourage detainees from continuing to protest. Should gathered information be true, such practices would be unjustifiable and would violate a number of international human rights standards, including prison standards and the right of detainees to peacefully protest. It may also violate the prohibition of torture or ill-treatment. 35. The decision of the administration to force-feed detainees is of particular concern. Forcefeeding mentally competent hunger strikers who voluntarily take part in a hunger strike and refuse treatment contradicts rules of ethics and the right to health, inter alia, irrespective of the danger caused to their life or health. It should never be used to pressure detainees to put an end to their protest, and other avenues should be explored, such as discussing detainees’ grievances in good faith. In the Guantánamo context, force-feeding mentally competent detainees on hunger strike amounts to ill-treatment. 13

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