Torture continues to be used in United States’ notorious Guantanamo Bay prison run by its military despite the practice being banned by local and international laws, according to reports received by a United Nations human rights investigator.
Nils Melzer, the U.N. special rapporteur on torture, issued a statement this week which said that he had received evidence that Ammar al-Baluchi one of the accused in 9/11 attacks continues to be subjected to practices that are deemed as torture in the prison located in Cuba.
Melzer said that al-Baluchi was being held in isolated on Guantanamo Bay for over a decade now in a highly restricted access facility. He alleged that over and above previous instances of torture, al-Baluchi was still being subjected to torture using noise and vibrations resulting in sleep deprivation and other mental and physical disorders for which he wasn’t receiving sufficient medical attention.
The US banned the practice of using torture a decade ago, which had been approved by George W. Bush administration in the aftermath of 9/11 attacks.
Torture Against International Law
The use of torture is banned under international law which Melzer pointed out in his statement. He noted that “no circumstances, however exceptional and well argued” could be a reason to justify torture.
Melzer further stated that the U.S. was in “clear violation” of international law for not prosecuting for the crime of torture committed on detainees in CIA custody. He warned that this was sending “a dangerous message of complacency and impunity” to officials across the world and the US.
Melzer said that if the evidence with him was true, then “the conditions of detention some of the high security inmates are subjected to can only be described as cruel, inhuman and degrading.”
He urged the US administration to allow independent verification of the situation inside the prison by international experts.
US Denies Allegations of Torture
Melzer pointed out that there was no dispute that US officials had previously used systemic torture which had not been prosecuted. A Senate Intelligence Committee report acknowledged in 2014 that torture was being used by the US against suspects.
But Pentagon has denied Melzer’s allegations of torture continuing in Guantanamo Bay.
Major Ben Sakrisson, a Department of Defense spokesman noted that such claims had been previously investigated on “multiple occasions and no “credible evidence” had been found to substantiate the claims.
A State Department spokesperson also rejected Melzer’s claims adding that his “conclusions” were a reflection of his “perspectives” which are not “legal obligations.”
Guantanamo Bay Prison Remains Open Controversies
There are around 41 men being detained currently at the Guantanamo Bay prison, as per a report from the American Civil Liberties Union. Twenty six of them have never been charged of any crime, while five are being held there despite being approved for release.
Since it was set up in January 2002, nearly 800 men have passed through Guantanamo Bay. The cost of holding one detainee at the prison is around $7 million per year.
As a result of the widely reported atrocities in the prison, it has featured prominently in Jihadist media and jihadist propaganda material.
Former President Obama had promised to close the facility before coming to power, but could not do so due to intense opposition from the Congress. President Donald Trump has repeatedly expressed his approval for using torture as a technique, and has pushed to expand the centre since entering the office last year.
Human Rights Organization Urge Independent Investigation
Human rights activists aren’t surprised by Melzer’s claims.
Clive Stafford Smith, a lawyer and founder of Reprieve a human rights organization noted that the treatment of detainees at Guantanamo Bay “remains abysmal, after all these years.”
Amnesty International has urged the Trump administration to consider Melzer’s report and asked that an independent investigation be held.
Zeke Johnson, senior director of programs for Amnesty International USA said that there must be “accountability––including prosecutions––for torture and other ill-treatment” that have been carried out by the US government in the years since the 9/11 attacks.
