E/CN.4/2006/120
page 36
by stating that the Maximum Security Unit (MSU) has not changed since their last visit.
According to Mr. Cassard, detainees are in MSU for 30 days, released for a short period of
time, and then put back into MSU for another 30 days. Mr. Cassard stated that this type of
punishment is harsh and that some detainees are put in MSU at the request of interrogators.”
DoD, ICRC Meeting with M.G. Miller on 09 OCT 03, memo from JTG GTMO-SJA to
Record (9 October 2003).
70
See e.g. interview with Moazzam Begg of 18 November 2005.
71
Human Rights Committee, general comment No. 20 (1992), para 6; and Polay Campos v.
Peru, Communication No. 577/1994, Views of the Human Rights Committee of
6 November 1997, para. 8.4. On the extensive case law of the Human Rights Committee
on conditions of detention see also Manfred Nowak, United Nations Covenant on Civil and
Political Rights - CCPR Commentary, 2nd revised edition, N.P. Engel Publisher,
Kehl/Strasbourg/Arlington 2005, at pp. 172 et seq. and 244 et seq.
72
See section 2 about authorized interrogation techniques; see also picture on cover of
Michael Ratner and Ellen Ray: “Guantánamo. What the World Should Know.” June 2004.
73
“They are being force-fed through the nose. The force-feeding happens in an abusive fashion
as the tubes are rammed up their noses, then taken out again and rammed in again until they
bleed. For a while tubes were used that were thicker than a finger because the smaller tubes did
not provide the detainees with enough food. The tubes caused the detainees to gag and often
they would vomit blood. The force-feeding happens twice daily with the tubes inserted and
removed every time. Not all of the detainees on hunger strike are in hospital but a number of
them are in their cells, where a nurse comes and inserts the tubes there.” Accounts given by
Attorney Julia Tarver (28 October 2005). On the qualification of certain methods of
force-feeding as amounting to torture see, e.g., the judgement of the European Court of Human
Rights in Nevmerzhitsky v. Ukraine (Appl. No. 54825/00), para. 98.
74
See also: http://www.thememoryhole.org/mil/gitmo-pows.htm.
75
See Human Rights Watch, Getting Away with Torture? Report, available at
www.hrw.org/reports/2005/us0405/) p. 75 and footnote 306 citing Paisley Dodds, “Guantánamo
Tapes Show Teams Punching, Stripping Prisoners”, Associated Press, 1 February 2005.
76
“Recently-revealed videotapes of so-called ‘Immediate Reaction Forces’ (or ‘Extreme
Reaction Force’ (ERF)) reportedly show guards punching some detainees, a guard kneeing a
detainee in the head, tying one to a gurney for questioning and forcing a dozen to strip from the
waist down.” Human Rights Watch, Getting Away with Torture? Command Responsibility for
the US Abuse of Detainees, vol. 17, No. 1 (G) (April 2005), p. 75 citing Paisley Dodds,
“Guantánamo Tapes Show Teams Punching, Stripping Prisoners”, Associated Press,
1 February 2005, or: “[I]f you said you didn’t want to go to interrogation you would be forcibly
taken out of the cell by the [Initial Reaction Force] team. You would be pepper-sprayed in the