Unacceptable Treatment of Guantanamo Detainees: U.N. Rights Experts

United Nations (UN) experts, on their first visit to the U.S. military prison at Guantanamo Bay, Cuba, have condemned the treatment of the remaining 30 detainees, deeming it "cruel, inhuman, and degrading." The mistreatment at the facility, which includes constant surveillance, prolonged isolation, and restricted family access, violates the fundamental rights and freedoms of the detainees, according to U.N. Special Rapporteur Fionnuala Ni Aolain.

These detainees, who have been held for nearly two decades following their capture as suspects after the 2001 al-Qaida attack on the United States, have endured various forms of abuse, including forced cell extractions and inadequate medical and mental health care. Ni Aolain highlighted that they also suffer from limited contact with their families, either through in-person visits or phone calls. "The totality of all of these practices and omissions amounts in my assessment to ongoing cruel, inhuman, and degrading treatment under international law," stated Ni Aolain during a news briefing.

She serves as the U.N. special rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism. In February, Ni Aolain and her team traveled to Guantanamo after U.N. rights experts had sought access to the prison for two decades. Presenting the team's report, she pointed out that Washington is yet to address the most egregious violation related to the detainees—their secret seizure and transfer, known as rendition, to Guantanamo in the early 2000s. Many of the detainees endured extensive torture by U.S. operatives in the years following the September 11 attacks.

The military trials of these detainees have been stalled for years, primarily due to concerns about their ability to receive fair justice given the torture they endured. Ni Aolain emphasized that this lack of justice also undermines the rights of the victims of the September 11 attacks. "The systematic rendition and torture at multiple (including black) sites and thereafter at Guantanamo Bay, Cuba comprise the single most significant barrier to fulfilling victims' rights to justice and accountability," explained the U.N. special rapporteur.

Despite these concerns, Ni Aolain commended the administration of President Joe Biden for allowing her team to visit Guantanamo and assess the detainees' treatment, considering it a demonstration of openness and courage. Nevertheless, she stressed that the closure of the prison, which operates outside the U.S. justice system, remains a priority. Furthermore, she called for the U.S. government to ensure accountability for all violations of international law, including providing apologies, full remedies, and reparations for "all victims." Michele Taylor, the U.S. envoy to the UN Human Rights Council in Geneva, responded to Ni Aolain's report in a letter, stating that the U.S. does not accept all her assessments.

The condemnation of the treatment of Guantanamo detainees by U.N. experts highlights the urgent need for accountability and the closure of the prison. As discussions continue, it is crucial to address the violations of human rights and work towards a just resolution for all those affected by these troubling circumstances.