As Ramadan begins, more than 100 hunger-strikers in
Guantánamo Bay continue their protest. More than 40 of them
are being force-fed. A leaked document sets out the military
instructions, or standard operating procedure, for
force-feeding detainees.
Force-feeding — Guantanamo's shame
Force-feeding — Guantanamo's shame
As President Obama has said, force-feeding detainees held without charge for more than a decade is unacceptable.
By
Alka Pradhan, Kent Eiler and Katherine Hawkins
At
least 106 of the 166 prisoners at Guantanamo Bay
detention center are reported to be on hunger strike,
with 45 currently being force-fed.
A
recently published report by the Constitution Project's
Task Force on Detainee Treatment, to which we
contributed, found that the practice of forced feeding
at Guantanamo was "a form of abuse and must end." A
member of the task force, Dr. Gerald Thomson, described
the process: "You are forced physically to eat, by being
strapped into a specially made chair and having
restraints put on your arms, your legs, your body and
your head so that you cannot move. [You have] a tube
inserted into your throat that extends into your
stomach, and you're trying to resist that with the only
muscles that are free — in your throat." Detainees have
said that it is intensely painful.
When the restraint chairs were first introduced to
Guantanamo in December 2005, the force-feeding process
was reportedly especially punitive. Several detainees
said that guards kept them in a restraint chair for
hours after the tube feeding ended — sometimes for as
long as six hours. The military says that the restraint
chairs prevent assaults on U.S. personnel, but a
detainee whose condition has deteriorated such that
force-feeding is medically necessary to sustain life is
unlikely to have the physical ability to commit assault.
At
least two detainees were force-fed in the chair twice a
day for close to four years. By 2009, the process was
less prolonged and brutal, but the restraint chair was
still used for every feeding regardless of a detainee's
compliance, according to an independent physician who
visited Guantanamo and examined detainees. She found
that the force-feeding procedure caused physical pain
and psychological harm that in one case became
full-blown post-traumatic stress disorder.
Another detainee, Tariq Ba Awdah, has told lawyers that
he has been force-fed for six years, and he is still on
a hunger strike. Doctors have a duty to preserve life,
but they also have a duty to respect patients' autonomy
and not to subordinate their medical judgment to prison
authorities. As the World Medical Assn.'s Declaration of
Malta states: "Fostering trust between physicians and
hunger strikers is often the key to achieving a
resolution that both respects the rights of the hunger
strikers and minimizes harm to them."
Therefore, doctors should be assessing the hunger
striker to determine whether he is mentally competent,
whether he is suicidal, and whether he is being
pressured by other detainees into fasting. Clinicians
need to be able to counsel patients about the risk of
permanent injury or death, and about measures that can
be taken to mitigate those risks.
Above all, as required by their medical ethics, doctors
need to be able to act in their individual patient's
best interest and exercise their independent clinical
judgment.
The International Committee of the Red Cross, the World
Medical Assn. and the American Medical Assn. all oppose
force-feeding of prisoners as a violation of medical
ethics. Pentagon officials are no doubt sincere in
wanting to keep detainees alive. But they also view
hunger strikes as a means of "asymmetrical warfare," as
the Guantanamo commander told task force staff when they
visited the prison in February 2012.
That belief probably influenced the response to the
current hunger strikes. On April 13, the military placed
nearly every captive on lockdown in single cells. Since
then, there have been at least two suicide attempts.
Fortunately, neither succeeded, but a Muslim advisor to
the prison recently told reporters that he expected
"more than one death" to result from the current hunger
strike.
Putting detainees in lockdown and force-feeding them in
restraints can postpone deaths, but it cannot prevent
them indefinitely. Prolonged force-feeding carries its
own medical risks, and Guantanamo detainees have killed
themselves even in the highest security sections of the
prison. There have been seven suicides.
In
2010, 86 prisoners at Guantanamo — including several
currently being force-fed — were cleared for transfer by
an interagency task force convened by the Obama
administration. But transfers have been mostly halted in
recent years, with Congress and the White House blaming
each other. The transfers must restart as soon as
possible.
As
the president said in a speech on May 23, force-feeding
detainees who have been held without charge for more
than a decade is unacceptable: "Is that who we are? Is
that something our founders foresaw? Is that the America
we want to leave our children?"
Unfortunately, the detainees at Guantanamo no longer
place much hope in Obama's promise to close the prison.
Since the president's speech, the number of detainees
being force-fed has increased by at least 13. The
administration must move as swiftly as possible to
exercise its authority to restart transfers out of
Guantanamo, beginning with those detainees previously
cleared for transfer. Exercising that authority is the
best chance to end the hunger strike.
Alka Pradhan and
Kent Eiler were counsels, and Katherine Hawkins was an
investigator, for the Constitution Project's Task Force
on Detainee Treatment.
Copyright ©
2013,
Los Angeles Times
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