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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