Navy Adm. Patrick M. Walsh concludes conditions of confinement at Guantanamo Bay are consistent with Common Article 3 of the Geneva Conventions however suggests some improvements be made

Missoula, Feb. 26 (Al-Masakin)–In stark contrast to the independent review, Current Conditions of Confinement at Guantanamo: Still in Violation of the Law, conducted by the Center for Constitutional Rights (CCR), Admiral Patrick M. Walsh said at a press conference at the Pentagon on Monday that the conditions at the Guantanamo Bay detention facilities do indeed comply with Common Article 3 of the Geneva Conventions with respect to the humane treatment of prisoners. 

 

His statement to this effect was however qualified by the assertion: “The chain of command responsible for the detention mission at Guantanamo consistently seeks to go beyond the minimum standard in complying with Common Article 3,” the Armed Forces Press Service reported on Tuesday. 

 

The Admiral thereafter made several recommendations asserting that the detainees needed more “human-to-human contact, recreation opportunities with several detainees together, intellectual stimulation and group prayer.”

 

In his report Review of Department Compliance with the President’s Executive Order on Detainee Conditions of Confinement with respect to Common Article 3 Admiral Walsh said “No prohibited acts were found.”

 

This is not to say that the conditions of confinement there are not in fact very harsh, but to say that the conditions of confinement are not in violation of the law.  In his conclusions the Admiral said that conditions of confinement must be looked at in terms of what may be considered humane today vis-à-vis what would be considered humane over a prolonged period of detention.

 

“While our review has determined that all conditions of confinement are currently in conformity with Common Article 3, our list of recommendations calls attention to those actions that we think will assist USSOUTHCOM in its continuing efforts to enhance humane conditions of detention in Guantánamo.

 

“The Review Team recognized the value of socialization throughout the detention facilities, especially considering the length of time individuals at Guantánamo have been detained. The key to socialization is providing more human-to-human contact, recreation opportunities with several detainees together, intellectual stimulation, and group prayer. Socialization is essential to maintain humane treatment over time,” the report released Feb. 23 said.

 

Admiral Wash in his report conceded that prolonged uncertainty about their future was having a detrimental impact on the mental health of those detained there.

 

“The Review Team is convinced that the ability of detainees to understand their future has a direct correlation to detainee behavior and conditions inside the camp population, and will impact the long-term ability to comply with Common Article 3 of the Geneva Conventions. Rising tension and anxiety among the detainees leads to acts of defiance, non-compliance with camp rules, and manifestations of self-harm or attempts to injure or kill camp personnel. Therefore, we recommend seeking immediate assistance through the interagency process to expeditiously determine the detainees’ future and take action to repatriate or transfer detainees as appropriate. Increased emphasis in this regard will help the [Joint Detention Group] JDG Commander manage the detainee population consistent with Common Article 3 of the Geneva Conventions.

 

“Not knowing when they might depart Guantánamo (for home or elsewhere) has almost certainly increased tension and anxiety within the detainee population,” the Admiral in his report said.

 

With respect to alleged detainee humiliation through forced nudity the report maintained:

 

“Search for and seizure of contraband take a graduated approach: guards use a detainee “pat-down” search first, followed by an electronic wand or “Rapiscan” system to search private areas; if those means are not available or sufficient, guards conduct a modified strip search, respecting detainee privacy; complete strip searches are a last resort, only authorized by [Joint Detention Group Commander] CJDG. Female guards are not authorized in areas of the camps that would provide them a view of detainees showering; female guards are not permitted to be present when strip searches occur, nor are they authorized to operate “Rapiscan” systems.

 

Rapiscan Systems manufactures “hands-off” electronic people screening which the manufactures claims their screening systems produce “high resolution images that enable the operator to easily identify concealed threat and contraband items…ideal for high security environments because both organic (e.g. explosives, narcotics, ceramic weapons) and inorganic (e.g. metal) materials are apparent in the image” and use “advanced techniques to protect the privacy of the person being screened while enabling effective detection of threat items.”

 

The DoD report on searches of detainees concluded: “No prohibited acts were found and conditions are humane.”

 

EHC / EHC