In the words of President Obama, the United States “tortured some folks”. Many torture survivors are currently imprisoned at Guantánamo. Drawing on experience as attorney for a torture survivor at Guantánamo, I propose to discuss the specific obstacles to torture rehabilitation at Guantánamo with the aim of seeking a reduction in suffering for tortured prisoners. Prisoners at Guantánamo clearly cannot achieve a sense of safety because they are still being held in solitary confinement, largely incommunicado, by the government that tortured them. By understanding the specific mechanisms the United States employs against these survivors, however, appropriate clinicians may be able….
….to craft some form of torture rehabilitation program. The United States holds former CIA prisoners largely but not completely incommunicado: disallowing simultaneous telecommunication with families and attorneys; refusing requests of human rights bodies to interview the prisoners; denying consular access; and prohibiting access to the postal system. Attorneys can provide case-related material, including audiovisual disks, to their clients through a ``privilege team.'' Prisoners cannot directly communicate with service providers, but may be able to provide information to service providers after classification review. The classification of prisoner statements about torture is a complex and evolving issue. In November 2014, the UNCAT condemned the “draconian system of secrecy surrounding high-value detainees . . . keeps their torture claims out of the public domain”. Following the publication of the redacted SSCI torture report in December 2014, the military commission has revised its protective order to allow prisoners to make statements about torture other than its location and participants. The actual effect of this change is still being evaluated. Finally, the only form of true human connection that these men can have is with their legal team. Therefore, their mere engagement in the process to defend themselves is unfortunately intertwined with their
dependency on us for simple human contact. Conversely, the legal team also can be dependent on prisoners for a sense of accomplishment, professional success, and for employment, as they could fire their entire legal team at any moment. This intra-dependency complicates the process of building mutual trust between prisoners and their legal team. It is no small feat on the part of the tortured men and the legal teams to have spent years finding common ground toward healing for all. Despite the logistical and ethical challenges in crafting some plan for torture rehabilitation at Guantánamo, the alternative is to abandon them to their suffering. This presentation will seek to advance the conversation in the hope of finding a path forward on Guantánamo torture rehabilitation.
Funding & No Conflicts Declaration
The panelists' travel will be funded by the United States government. There are no conflict issues.