Human Rights Watch Releases Report Warning of Gitmo Detainee Mental Health Issues; U.S. Supreme Court Rules Gitmo Detainees Have Right to Appeal Detention in U.S. Civilian Courts; Military Judge in Khadr Trail Has Been Replaced

By Andrew Benfield
Impunity Watch Senior Desk Officer, North America

GUANTANAMO BAY, Cuba – Human Rights Watch has released a report stating that 185 of the 270 detainees at the Guantanamo Bay detention facility are kept in “small, isolated cells and have limited human contact.”  The report concludes that these detainees are housed in “inhumane conditions” that could “damage their mental health.”

The report details the day-to-day routine of the incarcerated detainees.  The suspected terrorists remain locked in their detention unit for twenty-two hours a day with “little to no natural light or fresh air.”  When the detainees are given recreation time, they generally spend the time “alone, often in the middle of the night.”  Furthermore, many detainees have not been allowed to see their families and only a few have been allowed to call home. 

According to Human Rights Watch counterterrorism expert Jennifer Daskal, these types of prison conditions create “damaging psychological effects” on the detainees and will “breed hatred and resentment of the United States over the long term.” 

For more information, please see:

Voice of America – HRW Warns Guantanamo Detainees Face Mental Health Threat – 10 June 2008

Human Rights Watch – US: Improve Prison Conditions At Guantanamo – 10 June 2008

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WASHINGTON, United States – On July 12, 2008, the United States Supreme Court, in a 5-4 decision, ruled that foreign detainees held at Guantanamo Bay have the “right to appeal to U.S. civilian courts” in order to challenge their “indefinite imprisonment without charges.”  However, the ruling itself does not result in “any immediate release.”

The decision marks the third time the Supreme Court has overturned the Bush administration’s view on the treatment of Guantanamo detainees.  President Bush said he “strongly disagreed” with the Supreme Court’s decision and suggested that might seek another piece of legislation to “keep terror suspects locked up at the prison camp.” 

For more information, please see:

CNN – Justices: Gitmo detainees can challenge detention in U.S. courts – 12 July 2008

Yahoo! News – Court says detainees have rights, bucking Bush – 12 July 2008

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GUANTANAMO BAY, Cuba – Col. Peter Brownback, the military judge who has presided over the Omar Khadr war crimes trial, has been replaced by the Pentagon. 

Before Col. Brownback’s dismissal, he “chastised the prosecution” at a Guantanamo Bay hearing.  Col. Brownback had threatened to “suspend the entire case” due to the prosecution’s “failure to hand over” Khadr’s confinement records. 

Khadr’s chief lawyer, Navy Lt.-Cmdr. Bill Kuebler “strongly suspects” Col. Brownback’s dismissal was related to the “judge’s actions in court.” 

With the recent Supreme Court decision on detainee rights, it is unclear whether Khadr’s case will proceed as scheduled.  The Justice Department says that they do not think that the decision will affect the current war crimes trials and they “expect the military commission trials to go forward.” 

For more information, please see:

The Ottawa Citizen – Pentagon dismisses military judge in Khadr case – 30 May 2008

Yahoo! News – Court says detainees have rights, bucking Bush – 12 July 2008