Guantánamo detainees live with constant damage from torture and other abuses, expert alert

The special rapporteur on the protection of human rights while countering terrorism* A visit to the United States naval base in Guantánamo ended on Monday, where he met some of the detainees and was able to observe that they all live with constant damage as consequence of systematic practices of surrender, torture and arbitrary detention.

At the end of the visit, Fionnuala Ní Aoláin explained in a statement that “for many [detenidos]the dividing line between the past and the present is extremely thin, and past experiences of torture live on in the present, with no apparent end in sight, partly because They have not received rehabilitation independent, holistic or adequate”.

The expert reported significant improvements in prison conditions, but expressed great concern about the continuous detention of 30 men and the systematic arbitrariness that characterizes their day to day, which entails “insecurity, suffering and anxiety for everyone, without exception”.

He added that despite the seriousness and nature of the current physical and psychological damage suffered by many detainees, the infrastructure implies near constant surveillance, forced cell removals, misuse of restraints and other arbitrary operating procedures that do not comply with human rights.

Among other violations of fundamental guarantees, he cited deficiencies in health care, inadequate access to family, and arbitrary detention characterized by constant violations of fair trials.

“The set of these practices and omissions have cumulative and aggravating effects on the dignity and fundamental rights of detainees, and amount to continuous cruel, inhuman and degrading treatment,” he said.

For this reason, he stated that “It remains a priority to close that facility.”

Former detainees continue to suffer human rights violations

Ní Aoláin also met with repatriated and resettled detainees and their families, as well as government officials from other countries, after which he noted serious deficiencies in the provision of the essential means that ex-detainees need to live a dignified life, including legal identity, health care, education, housing, family reunification, and freedom of movement.

He stated that these deficiencies contravene United States obligations under international law contracted before, during and after the transfer of detainees, including with regard to non-refoulement, adding that these obligations are greater because the individual has been tortured in their custody, which requires that they be guaranteed adequate rehabilitation .

Once transferred, they are left to fend for themselves, vulnerable to hardship, social exclusion, stigma and government inference.

The expert highlighted that the US government does not have an adequate system to address the well-being of those transferred, or the lack of respect by governments for their rights, adding that the vast majority of former detainees continue to suffer continuous violations of its fundamental guarantees.

victims of terrorism

That of Ní Aoláin was the first official visit to Guantánamo by a UN expert and focused on three issues: the rights of victims of the terrorist attacks of September 11, 2001, the rights of detainees at the Guantánamo detention center, and the rights of former detainees.

Referring to the attacks of September 11, the rapporteur said that they constituted a crime against humanity and reported that in his conversations with victims and survivors he heard the devastating long-term consequences of these attacks on individuals, families, and communities.

In this regard, he praised the extensive legislative, social, symbolic and financial action taken to support the victims and survivors of September 11, but emphasized that more needs to be done to fill in the gaps in the realization of your rights to redress, including a legislative provision that ensures them long-term medical care.

Ní Aoláin considered that the United States is prepared to address the most difficult human rights problems and acknowledged the openness to his visit, the spirit of dialogue and the access to all requested places of detentionas well as the prisoners.

In conclusioncalled on the US government to ensure accountability for all violations of international law, both for the victims of the fight against terrorism and for the victims of terrorism. “The time has come to undo the legacies of exception and discrimination perpetuated by the continued existence of Guantanamo,” he said.

*The special rapporteurs are part of the “Special Procedures” of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN system for Human Rights, is the general name of the independent fact-finding and monitoring mechanisms established by the Council to deal with specific country situations or thematic issues worldwide. the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organization and act in their individual capacity.