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indicated that it had identified five confirmed cases of mishandling of the Holy Koran by guards
and interrogators, either intentionally or unintentionally, including kicking and stepping on the
Holy Koran.91
63.
A number of detainees have alleged that they were subjected to forced grooming,
including shaving of beards, heads and eyebrows.
64.
Further concerns were raised by the removal of a military Muslim cleric from his position
at Guantánamo Bay. He later was arrested on suspicion of espionage and held in solitary
confinement for 76 days. It has been alleged that he has not been replaced, leaving the Muslim
detainees unattended, in violation of the Standard Minimum Rules for the Treatment of
Prisoners.92
65.
Finally, there are also concerns about reports that the United States Government has,
either implicitly or explicitly, encouraged or tolerated the association of Islam and terrorism, for
example, by interrogating detainees on the extent of their faith in Islamic teachings.
V. THE RIGHT TO THE HIGHEST ATTAINABLE STANDARD
OF PHYSICAL AND MENTAL HEALTH
66.
The right to health derives from the dignity of the human person and is reflected in the
following international instruments relevant in the current situation: article 25 (1) of the
Universal Declaration of Human Rights, article 12 of the International Covenant on Economic,
Social and Cultural Rights (ICESCR), article 5 (e) (iv) of the International Convention on the
Elimination of All Forms of Racial Discrimination and article 24 of the Convention on the
Rights of the Child.93 Although the United States has ratified neither ICESCR nor the
Convention on the Rights of the Child, it is a signatory of both and therefore “is obliged to
refrain from acts which would defeat the object and purpose” of either treaty.94 The
United States is also a Contracting Party to the World Health Organization, and thus has
accepted the principle that the “enjoyment of the highest attainable standard of health is one of
the fundamental rights of every human being”.95
67.
The mandate of the Special Rapporteur covers reporting on the status of the realization of
the right to health “throughout the world”,96 and States are called upon to cooperate fully with
the Special Rapporteur in the implementation of this mandate,97 paying particular attention to the
health of vulnerable groups.98 The mandate of the Special Rapporteur, therefore, extends to
alleged violations of the right to health in Guantánamo Bay.
68.
In addition to States having duties arising from the right to health, health professionals
also have some right-to-health responsibilities deriving from international human rights law.99
69.
The right to health includes the right to timely and appropriate health care, as well as to
the underlying determinants of health, such as safe drinking water and adequate food and
sanitation.100 International human rights instruments also impose specific obligations on States
to provide prisoners with healthy living conditions and quality health care, including mental
health care.101