A draft report by UN Human Rights experts has demanded the closure of the detention facility in Guantanamo Bay, and accuses the US of practices there amounting to torture.
A 2004 report by the ICRC â€“ that was leaked to the media by someone outside the organisation â€“ alleged the US military used methods “tantamount to torture” at Guantanamo. Those allegations were later reinforced by memos written by officials of the Federal Bureau of Investigation.
The Bush administration argues it has a right to hold detainees in the “global war on terror” indefinitely, while debating internally what it should do with its prisoners, some of whom are held in secret prisoners denied access by the ICRC.
In Guantanamo, the UN experts concluded that the US operated “as judge, as prosecutor, and as defence counsel”, thereby violating their right to a fair trial before an independent tribunal.
The report found the uncertainty about the length of detention and prolonged solitary confinement amounted to “inhuman treatment”, and that the “excessive violence used in many cases during transportation”, as well as forced feeding of detainees on hunger strike “must be assessed as amounting to torture”.
It added: “the interrogation techniques authorised by the Department of Defenseâ€¦ amount to degrading treatment. If in individual cases, which were presented in interviews, the victim experienced severe pain or suffering, these acts amounted to torture.”
The Soldier appeared to be in a state similar to the Traveler. He had wound the Condemned Manâ€™s chain around both his wrists and was supporting himself with his hand on his weapon, letting his head hang backward, not bothering about anything. The Traveler was not surprised at that, for the Officer spoke French, and clearly neither the Soldier nor the Condemned Man understood the language. So it was all the more striking that the Condemned Man, in spite of that, did what he could to follow the Officerâ€™s explanation. With a sort of sleepy persistence he kept directing his gaze to the place where the Officer had just pointed, and when the question from the Traveler interrupted the Officer, the Condemned Man looked at the Traveler, too, just as the Officer was doing.
â€œYes, the harrow,â€ said the Officer. â€œThe name fits. The needles are arranged as in a harrow, and the whole thing is driven like a harrow, although it stays in one place and is, in principle, much more artistic. Youâ€™ll understand in a moment. The condemned is laid out here on the bed. First, Iâ€™ll describe the apparatus and only then let the procedure go to work. That way youâ€™ll be able to follow it better. Also a sprocket in the inscriber is excessively worn. It really squeaks. When itâ€™s in motion one can hardly make oneself understood. Unfortunately replacement parts are difficult to come by in this place. So, here is the bed, as I said. The whole thing is completely covered with a layer of cotton wool, the purpose of which youâ€™ll find out in a moment. The condemned man is laid out on his stomach on the cotton woolâ€”naked, of course. There are straps for the hands here, for the feet here, and for the throat here, to tie him in securely. At the head of the bed here, where the man, as I have mentioned, first lies face down, is this small protruding lump of felt, which can easily be adjusted so that it presses right into the manâ€™s mouth. Its purpose is to prevent him screaming and biting his tongue to pieces. Of course, the man has to let the felt in his mouthâ€”otherwise the straps around his throat would break his neck.â€ â€œThatâ€™s cotton wool?â€ asked the Traveler and bent down. â€œYes, it is,â€ said the Officer smiling, â€œfeel it for yourself.â€
He took the Travelerâ€™s hand and led him over to the bed. â€œItâ€™s a specially prepared cotton wool. Thatâ€™s why it looks so unrecognizable. Iâ€™ll get around to mentioning its purpose in a moment.â€ The Traveler was already being won over a little to the apparatus. With his hand over his eyes to protect them from the sun, he looked at the apparatus in the hole. It was a massive construction. The bed and the inscriber were the same size and looked like two dark chests. The inscriber was set about two metres above the bed, and the two were joined together at the corners by four brass rods, which almost reflected the sun. The harrow hung between the chests on a band of steel.
The Officer had hardly noticed the earlier indifference of the Traveler, but he did have a sense now of how the latterâ€™s interest was being aroused for the first time. So he paused in his explanation in order to allow the Traveler time to observe the apparatus undisturbed. The Condemned Man imitated the Traveler, but since he could not put his hand over his eyes, he blinked upward with his eyes uncovered.
â€œSo now the man is lying down,â€ said the Traveler. He leaned back in his chair and crossed his legs.
â€œYes,â€ said the Officer, pushing his cap back a little and running his hand over his hot face. â€œNow, listen. Both the bed and the inscriber have their own electric batteries. The bed needs them for itself, and the inscriber for the harrow. As soon as the man is strapped in securely, the bed is set in motion. It quivers with tiny, very rapid oscillations from side to side and up and down simultaneously. You will have seen similar devices in mental hospitals. Only with our bed all movements are precisely calibrated, for they must be meticulously coordinated with the movements of the harrow. But itâ€™s the harrow which has the job of actually carrying out the sentence.â€
â€œWhat is the sentence?â€ the Traveler asked. â€œYou donâ€™t even know that?â€ asked the Officer in astonishment and bit his lip. â€œForgive me if my explanations are perhaps confused. I really do beg your pardon. Previously it was the Commandantâ€™s habit to provide such explanations. But the New Commandant has excused himself from this honourable duty. The fact that with such an eminent visitorâ€â€”the traveler tried to deflect the honour with both hands, but the officer insisted on the expressionâ€”â€œthat with such an eminent visitor he didnâ€™t even once make him aware of the form of our sentencing is yet again something new, which . . .â€ He had a curse on his lips, but controlled himself and said merely: â€œI was not informed about it. Itâ€™s not my fault. In any case, I am certainly the person best able to explain our style of sentencing, for here I am carryingâ€â€”he patted his breast pocketâ€”â€œthe relevant diagrams drawn by the previous Commandant.â€
â€œDiagrams made by the Commandant himself?â€ asked the Traveler. â€œThen was he in his own person a combination of everything? Was he soldier, judge, engineer, chemist, and draftsman?â€
â€œHe was indeed,â€ said the Officer, nodding his head with a fixed and thoughtful expression. Then he looked at his hands, examining them. They didnâ€™t seem to him clean enough to handle the diagrams. So he went to the bucket and washed them again. Then he pulled out a small leather folder and said, â€œOur sentence does not sound severe. The law which a condemned man has violated is inscribed on his body with the harrow. This Condemned Man, for example,â€ and the Officer pointed to the man, â€œwill have inscribed on his body, â€˜Honour your superiors.â€™â€
The Traveler had a quick look at the man. When the Officer was pointing at him, the man kept his head down and appeared to be directing all his energy into listening in order to learn something. But the movements of his thick pouting lips showed clearly that he was incapable of understanding anything. The Traveler wanted to raise various questions, but after looking at the Condemned Man he merely asked, â€œDoes he know his sentence?â€ â€œNo,â€ said the Officer. He wished to get on with his explanation right away, but the Traveler interrupted him: â€œHe doesnâ€™t know his own sentence?â€ â€œNo,â€ said the Officer once more. He then paused for a moment, as if he was asking the Traveler for a more detailed reason for his question, and said, â€œIt would be useless to give him that information. He experiences it on his own body.â€ The Traveler really wanted to keep quiet at this point, but he felt how the Condemned Man was gazing at himâ€”he seemed to be asking whether he could approve of the process the Officer had described. So the Traveler, who had up to this point been leaning back, bent forward again and kept up his questions, â€œBut does he nonetheless have some general idea that heâ€™s been condemned?â€ â€œNot that either,â€ said the Officer, and he smiled at the traveler, as if he was still waiting for some strange revelations from him. â€œNo?â€ said the Traveler, wiping his forehead, â€œthen does the man also not yet know how his defence was received?â€ â€œHe has had no opportunity to defend himself,â€ said the Officer and looked away, as if he was talking to himself and wished not to embarrass the Traveler with an explanation of matters so self-evident to him. â€œBut he must have had a chance to defend himself,â€ said the Traveler and stood up from his chair.
The Officer recognized that he was in danger of having his explanation of the apparatus held up for a long time. So he went to the Traveler, took him by the arm, pointed with his hand at the Condemned Man, who stood there stiffly now that the attention was so clearly directed at himâ€”the Soldier was also pulling on his chainâ€”and said, â€œThe matter stands like this. Here in the penal colony I have been appointed judge. In spite of my youth. For I stood at the side of our Old Commandant in all matters of punishment, and I also know the most about the apparatus. The basic principle I use for my decisions is this: Guilt is always beyond a doubt. Other courts could not follow this principle, for they are made up of many heads and, in addition, have even higher courts above them. But that is not the case here, or at least it was not that way with the previous Commandant. Itâ€™s true the New Commandant has already shown a desire to get mixed up in my court, but Iâ€™ve succeeded so far in fending him off. And Iâ€™ll continue to be successful. You want this case explained. Itâ€™s simpleâ€”just like all of them. This morning a captain laid a charge that this man, who is assigned to him as a servant and who sleeps before his door, had been sleeping on duty. For his task is to stand up every time the clock strikes the hour and salute in front of the captainâ€™s door. Thatâ€™s certainly not a difficult dutyâ€”and itâ€™s necessary, since he is supposed to remain fresh both for guarding and for service. Yesterday night the captain wanted to check whether his servant was fulfilling his duty. He opened the door on the stroke of two and found him curled up asleep. He got his horsewhip and hit him across the face. Now, instead of standing up and begging for forgiveness, the man grabbed his master by the legs, shook him, and cried out, â€˜Throw away that whip or Iâ€™ll eat you up.â€™ Those are the facts. The captain came to me an hour ago. I wrote up his statement and right after that the sentence. Then I had the man chained up. It was all very simple. If I had first summoned the man and interrogated him, the result would have been confusion. He would have lied, and if I had been successful in refuting his lies, he would have replaced them with new lies, and so forth. But now I have him, and I wonâ€™t release him again. Now, does that clarify everything? But time is passing. We should be starting the execution, and I havenâ€™t finished explaining the apparatus yet.â€
He urged the traveler to sit down in his chair, moved to the apparatus again, and started, â€œAs you see, the shape of the harrow corresponds to the shape of a man. This is the harrow for the upper body, and here are the harrows for the legs. This small cutter is the only one designated for the head. Is that clear to you?â€ He leaned forward to the Traveler in a friendly way, ready to give the most comprehensive explanation.
The Traveler looked at the harrow with a wrinkled frown. The information about the judicial procedures had not satisfied him. However, he had to tell himself that here it was a matter of a penal colony, that in this place special regulations were necessary, and that one had to give precedence to military measures right down to the last detail.