36.
Several sources indicate that the force-feeding process may inflict gratuitous pain and
suffering on hunger strikers. Should these allegations be accurate, the force-feeding
process in itself would amount to cruel and inhuman treatment and potentially to torture.
For this reason, it is crucial for the US government to be more transparent on the forcefeeding process.
37.
Involvement of medical staff in the treatment of detainees. Medical staff has
contributed to the development and use of the CIA enhanced interrogation techniques
under the RDI programme and in abusive interrogation methods at Guantánamo. They
have allegedly also provided advice on detention conditions that would foster the
detainees’ dependence on their interrogators, participated or have been present in
interrogations at Guantánamo, among others. Such practices contradict standards
forbidding medical personnel from taking part in torture, directly or indirectly.
38.
Involvement of other OSCE participating States in acts of torture and ill-treatment. If
the allegations formulated by various and concurring sources prove to be true, the
participation or mere presence of interrogators, sent from several OSCE participating
States to Guantánamo, when they “knew or ought to have known” that the detainees under
interrogations faced a real risk of torture, ill-treatment or arbitrary detention, could be
understood as condoning such practices and would violate international law.
39.
Freedom of religion or belief. Reported past and present violations of the right to freedom
of religion or belief are of concern. This right is protected under the ICCPR and relevant
OSCE commitments and is a norm of customary international humanitarian law. Such
violations have included cases of desecration of religious items, the use of discriminatory
detention and interrogation techniques intended to offend detainees’ religious sensitivities,
and the explicit or implicit association of Islam and terrorism by US authorities. Although
the United States has taken positive measures to allow for the free exercise of detainees’
religion “consistent with the requirements of detention”, individuals held at Guantánamo
continue to face hindrances to pray communally, in particular when held in segregated
cells and/or when participating in hunger strikes. High-value detainees’ access to religious
materials and a Muslim chaplain has been allegedly restricted without further explanation.
International standards on freedom of religion or belief provide for the absolute nature of
the right to have or adopt a religion or belief of one’s choice, and foresee potential
limitations to the right to manifest such religion or belief, but under strict conditions only.
National security does not constitute a legitimate ground for restrictions.
40.
Right to health and obligation to secure medical attention. OSCE commitments and
international human rights and humanitarian law require states to provide detainees with
healthy living conditions and quality medical care, including treatment as needed. Medical
examinations should be guided by the principles of clinical independence, medical ethics,
autonomy of patients and informed consent. Medical care should not be conditioned on
detainees’ compliance or co-operation with prison authorities and interrogators. Medical
personnel have a duty to document and report signs of abuse or neglect as well as to report
when the conditions of detention affect the physical and mental health of detainees.
14
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