U.N. report alleges torture
Baltimore Sun/LA Times
By Maggie Farley
February 13, 2006
NEW YORK // A draft U.N. report on the detainees at Guantanamo Bay
concludes that U.S. treatment of them violates their right to physical and
mental health, and, in some cases, constitutes torture.
It urges the United States to close the detention center in Cuba and bring
the detainees to trial on U.S. territory, contending that Washington's
justification for their continued detention is a distortion of international
law.
The report, compiled by five special envoys to the United Nations who
interviewed U.S. officials, former prisoners, and detainees' lawyers and
families, is the product of a 1 1/2 -year investigation ordered by the U.N.
Commission on Human Rights. The team did not have access to prisoners at the
U.S. military detention center at Guantanamo.
Its findings - notably, a conclusion that the violent force-feeding of
hunger strikers, incidents of excessive violence used in transporting prisoners
and combinations of interrogation techniques "must be assessed as amounting to
torture" - are likely to stoke criticism of the detention facility.
More than 500 people captured abroad since 2002 as "enemy combatants" are
detained at Guantanamo.
"We very, very carefully considered all of the arguments posed by the U.S.
government," said Manfred Nowak, the U.N. special rapporteur on torture, one of
the envoys. "There are no conclusions that are easily drawn. But we concluded
that the situation in several areas violates international law and conventions
on human rights and torture."
The draft report, reviewed by the Los Angeles Times, has not been officially
released; comments and clarifications from the U.S. government are being
incorporated.
In November, the Bush administration offered the U.N. team the same tour of
the detention facility given to journalists and members of Congress but refused
to allow the envoys access to prisoners. Because of that, the U.N. group
declined the visit.
The International Red Cross is the only party allowed by the U.S. government
to have access to prisoners and monitor their physical and mental health, but
it is forbidden to make its findings public.
Nowak said he did not expect major changes to the report's conclusions and
recommendations as a result of the U.S. government's response.
Navy Lt. Cmdr. J.D. Gordon, a Pentagon spokesman, said the Defense
Department would not comment on U.N. matters.
The report is not legally binding, but human-rights and legal advocates said
they hoped it would add weight to similar findings by rights-monitoring groups
and the European Parliament.
"I think the effect of this will be to revive concern about the government's
mistreatment of detainees, and to get people to take another look at the legal
basis," said Kenneth Roth, executive director of Human Rights Watch. "There are
lots of lingering questions about how do you justify holding these people."
The report focuses on the U.S. government's legal basis for detention of
prisoners as described in a formal response to the U.N. inquiry: "The law of
war allows the United States - and any other country engaged in combat - to
hold enemy combatants without charges or access to counsel for the duration of
hostilities. Detention is not an act of punishment, but of security and
military necessity. It serves the purpose of preventing combatants from
continuing to take up arms against the United States," it said.
But the U.N. team concluded there had been insufficient due process to
determine that all of the 502 people detained at Guantanamo Bay since January
2002 were "enemy combatants." The team determined that the primary purpose of
their confinement was for interrogation, not to prevent them from taking up
arms.
It also rejected the premise that "the war on terrorism" constituted an
armed conflict for the purposes of international humanitarian law.
The report concludes that some of the treatment of detainees meets the
definition of torture under the international Convention Against Torture: The
acts are committed by government officials, with a clear purpose, inflicting
severe pain or suffering against victims in a position of powerlessness.
The simultaneous use of several interrogation techniques - prolonged
solitary confinement; exposure to extreme temperatures, noise and light; forced
shaving and other techniques that exploit religious beliefs or cause
intimidation and humiliation - constitutes inhumane treatment and, in some
cases, reaches the threshold of torture, according to the report.
Nowak said the U.N. team was "particularly concerned" about the
force-feeding of hunger strikers through nasal tubes that detainees claimed
were brutally inserted and removed, causing intense pain, bleeding and
vomiting. "It remains a current phenomenon," he said.
One detainee, a Kuwaiti named Fawzi al-Odah, told his lawyer this month that
he had stopped his five-month hunger strike under threats of brutal physical
abuse. Thomas B. Wilner, a lawyer at Shearman & Sterling in Washington who
has represented 12 Kuwaitis interned at Guantanamo, said al-Odah told him that
in December guards began taking clothes, shoes and blankets away from about 85
hunger strikers. Wilner said al-Odah described guards mixing laxatives into the
liquid formula given to about 40 prisoners through nose tubes, causing them to
defecate on themselves.
Wilner said al-Odah told him that, on Jan. 9, an officer read what he said
was an order from Guantanamo commander Brig. Gen. Jay W. Hood stating that
hunger strikers would be strapped into a restraint chair and force-fed with
thick nasal tubes that would be inserted and removed twice a day. After hearing
a neighboring prisoner scream in pain and tell him not to go through it,
al-Odah reluctantly ceased his hunger strike, Wilner said.
Pentagon officials confirmed that the number of hunger strikers had dropped
to four.
White House Spokesman Scott McClellan, speaking Thursday, dismissed
al-Odah's claims.
"Well, yes, we know that al-Qaida is trained in trying to make wild
accusations, and so forth," he said in response to a question about al-Odah.
"But the president has made it very clear what the policy is, and we expect the
policy to be followed. And he's made it very clear that we do not condone
torture, and we do not engage in torture."
The five special U.N. envoys are independent experts appointed by the U.N.
Commission on Human Rights to examine arbitrary detention, torture, the
independence of judges and lawyers, freedom of religion, and the right to
physical and mental health. The five had each, under separate mandates, been
following the situation in Guantanamo Bay since it opened in January 2002. They
made the decision in June 2004 to do a joint report and asked the U.S.
government for access to all detention centers.
"This report is not aimed at criticizing. It is looking at what
international human-rights law says about Guantanamo," Nowak said. "We are
hoping that this report will actually strengthen the dialogue."
Maggie Farley writes for the Los Angeles Times.
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