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"I am slowly dying in this solitary prison cell," says Omar
Deghayes, a British refugee and Guantánamo Bay prisoner. "I have
no rights, no hope. So why not take my destiny into my own hands, and die for
a principle?"
This magazine goes to press on the forty-ninth day of the Guantánamo
hunger strike. In 1981 near Belfast, Bobby Sands and nine other members of the
IRA starved themselves to death. The prisoners had insisted that they be treated
as POWs rather than criminals. They died before the British government accepted
that its use of kangaroo courts and its policy of "criminalization"
did not just betray democratic principles; these methods functioned as the most
persuasive recruiting sergeant the IRA ever had. How soon these lessons are
forgotten. Three and a half years of internment without trial in Guantánamo,
and any US claim to be the standard-bearer of the rule of law has dissolved.
But there are two important distinctions between the experience of Sands and
Omar Deghayes: The US military has insisted on secrecy regarding Guantánamo,
and the US media have been compliant in their apathy. Despite the traditional
British hostility to free speech, every moment of Bobby Sands's decline was
broadcast live. In contrast, nothing we lawyers learn from our Guantánamo
clients can be revealed until it passes the US government censors. Thus, two
weeks went by before the public even knew there was a hunger strike, and the
military has been allowed to dissemble on the details since.
From its inception, Guantánamo has relied on a soldier-speak that is replete
with half-truths and distortions. In 2002 there was a ripple of concern at the
number of Guantánamo detainees trying to take their own lives. The military
then announced that suicide attempts had radically declined. It took a foreign
journalist to expose the truth: The very word "suicide" had been replaced
by the authorities with the term Manipulative Self-Injurious Behavior (SIB)--and
there were still plenty of SIBs. The military was lying by semantics.
Similar dissimulation is taking place around the Guantánamo hunger strike,
which began June 28. It was suspended July 28, when the military promised various
concessions, terrified at the public relations prospect of having six prisoners
in the hospital within forty-eight hours of death. The strike started again
on August 11, because the detainees concluded that the military had broken its
promises.
Defense Secretary Rumsfeld has insisted that the Guantánamo prisoners
are being treated in a manner "consistent" with the Geneva Conventions.
To end their hunger strike, the detainees ask simply that they be treated in
a manner "consistent with the Geneva Conventions." If Rumsfeld is
telling the truth, why would the prisoners have to starve themselves to death?
The Conventions mandate that, unless convicted of a crime, "prisoners
of war may not be held in close confinement." In Camp V each detainee is
held in a Supermax solitary cell, hermetically sealed from all human contact,
allowed out for just one hour each week. The detainees there include juveniles
and even Sami Al Laithi, held for more than four months in his wheelchair after
being found innocent by the US military's own biased tribunals.
The Conventions forbid coercive interrogations. The prisoners reasonably objected
when, on August 5, Hisham Sliti had a mini-refrigerator thrown at him by an
interrogator nicknamed King Kong.
The Conventions guarantee the free exercise of religion. So why, the detainees
demand, haven't they been allowed to meet with an imam for three years? Why
is collective prayer curtailed? And why was a Yemeni prisoner recently beaten
and his Koran trampled because he asked to finish his prayers before responding
to a guard's demand?
The conclusion is inescapable: The detainees have a series of valid complaints,
and Rumsfeld is not telling the truth.
Governments did learn one lesson from Bobby Sands: He is famous because he
died. The US military is determined not to allow its prisoners to make this
ultimate, tragic political statement. Thus, the military admits to force-feeding
prisoners. Recently its spin doctors changed the phrase to "assisted feeding,"
another attempt to hide the truth of what is going on. During the July hunger
strike, prisoners tore the needles out of their arms to prevent drip-feeding,
so the military is now using nose tubes. They assure us that none of the twenty-one
people in the Guantánamo hospital will be able to kill himself.
But someone committed to self-starvation could easily remove such a tube, if
he had any freedom of movement. So we can surmise that there is a line of twenty-one
hospital beds, each with a prisoner held tight in four-point restraints. His
head must be strapped down, immobile, and forcible sedation seems probable.
Hardly the image evoked by the term "assisted feeding."
Deprived of legal rights, the Guantánamo detainees must rely on public
scrutiny to protect them. This is also true for detainees in Iraq, where the
United States has acknowledged it is bound by Geneva, but where soldiers recently
interviewed by Human Rights Watch describe systemic humiliation and torture,
encouraged by military higher-ups. The only lasting solution is for the United
States to practice what it preaches, rather than hide its hypocrisy behind a
smokescreen of secrecy and semantics. Human rights enforcement is the most effective
counterterrorism measure the US government can take, and deep down its leaders
have always known this. The United States signed the Geneva Conventions more
than fifty years ago. Surely Rumsfeld has had enough time to work out how to
apply them.