Even as the Obama administration presses Russia and China to end human rights violations, it received a broadside from several United Nations human rights bodies about its treatment of the Guantanamo Bay prisoners currently on hunger strike.
In an opinion published today, six UN groups said detaining people beyond a reasonable period of time even in extraordinary circumstances “constitutes a flagrant violation of international human rights law and in itself constitutes a form of cruel, inhuman, and degrading treatment”.
The US must respect and guarantee the life, health and personal integrity of detainees at Gitmo, particularly the 100 on hunger strike, of whom 21 are being forcibly fed and 5 are hospitalized.
“Hunger strikers should be protected from all forms of coercion, even more so when this is done through force and in some cases through physical violence,” the statement said, interpreting international human rights norms. “Nor is it acceptable to use threats of forced feeding or other types of physical or psychological coercion against individuals who have voluntarily decided to go on a hunger strike.”
The detainees took the extreme step of going on hunger strike because of their high degree of uncertainty over basic aspects of their lives, such as knowing whether or not they will be tried; whether they will be released and when; or whether they will see their family members again. Such continued suffering causes severe and lasting psychological and physiological damage to the central nervous system and the cardiovascular and immunological systems, according to specialized information received by the human rights bodies.
The continuing and indefinite detention of individuals without the right to due process is arbitrary and constitutes a clear violation of international law. Particularly as all relevant US security agencies have expressly certified that 86 detainees do not represent a threat to U.S. security and have cleared them for transfer. Some 56 are Yemeni nationals, who are blocked because of a restriction imposed since January 2010 based solely on their nationality and the political situation in Yemen. This constitutes a clear violation of the principle of non-discrimination under international human rights law.
None of the opinion’s terms is legally binding on the US but they do place it alongside unsavory human rights violators like Russia, China, Iran, North Korea and others. Most human rights diplomats and campaigners recognize that the US government never violates human rights as a tactic to retain political power, as do the other regimes. But the clear UN criticisms do give legitimacy to the viewpoints of those who like to attack the US human rights record to distract attention from their own much worse violations.
Both China and Russia did just that in separate comments in late April. China said the U.S. ignores its own woeful human rights situation and never says a word about it while accusing other governments of all kinds of violations. Russia accused the US of applying double standards by doing whatever it wants with impunity while being holier-than-thou with others.
Since January 2002, various UN human rights bodies have repeatedly made requests to visit Gitmo to talk to the detainees without interference. But the Pentagon has refused permission. Today’s statement was made jointly by groups focused on human rights violations while countering terrorism. They were:the Inter-American Commission on Human Rights; the United Nations Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
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