medical abuse at guantanamo bay military prison - what do we do now?
TRANSCRIPT
Editorial
Medical abuse at Guantanamo Bay Military Prison – what do
we do now?
Emmeline J. Buckley1, Sakib Rokadiya2, Anthony Kessel1, John Porter1 and Osman Dar3
1 London School of Hygiene and Tropical Medicine, London, UK2 University College London, UCLH NHS Trust, London, UK3 Chatham House Centre for Global Health Security, London, UK
keywords ethics, Guantanamo Bay
Ethics abandoned
In April 2013, the president of the American Medical
Association wrote to the US Defense Secretary expressing
concern over allegations of force-feeding of detainees at
Guantanamo Bay Military Prison and highlighting the
possible unethical participation of physicians in the pro-
cess (Lazarus 2013). The prison complex (hereafter
referred to as Guantanamo Bay) located within the Uni-
ted States Military Naval Base overlooking Guantanamo
Bay in Cuba was established in January 2002, for the
detention, interrogation and prosecution of prisoners sus-
pected of war crimes.
In November 2013, suspicions were confirmed with the
publication of a report supported by the Institute on
Medicine as a Profession (IMAP) and the Open Society
Foundations, entitled Ethics Abandoned: Medical Profes-
sionalism and Detainee Abuse in the War on Terror. This
report was the result of a 2-year review by a Task Force
comprising independent military, ethics, medical, public
health and legal experts (IMAP & OSF 2013).
The report did not only uphold allegations about phy-
sician involvement in force-feeding, but also showed that
US Department of Defense and CIA policies have institu-
tionalised a whole range of practices by military and
intelligence agency health workers that breach interna-
tional standards of medical ethics, as initially laid out by
the World Medical Association in 1975, and again in
2006 (World Medical Association 1949). These malprac-
tices include medical personnel involvement in abusive
interrogation designed to increase disorientation and anx-
iety of detainees, using medical information for interroga-
tion purposes, and the force-feeding of hunger strikers. In
the face of these accusations, the US government has
responded by stating that it is obliged to follow the laws
of war, not the international standards of medical ethics
(Cowley 2013). However, the laws of war – set out in
the additional protocols to the Geneva Convention in
1997 – explicitly state that health personnel should not
contravene medical ethics by carrying out medical proce-
dures not consistent with generally accepted medical stan-
dards (ICRC 1949; Goodman 2013).
The global medical community responds
Awareness of the ongoing breaches of ethical standards at
Guantanamo Bay among both the medical community
and the media is already present, thanks in large part to
the publication in May 2013 of an open letter from
detainees to their doctors, expressing pain and distress at
their treatment (Anonymous 2013a). The letter provoked
an immediate response from the medical community and
saw widespread calls for practical action. In June, The
Lancet published an open letter to President Obama writ-
ten on behalf of more than 150 doctors offering indepen-
dent medical services at Guantanamo Bay (Arnold et al.
2013). Shortly after, the New England Journal of Medi-
cine made an unequivocal statement on the need for the
medical community to be more vociferous in its opposi-
tion to unethical medical practices at Guantanamo and
urged support for military physicians who refuse to
comply with orders contrary to their ethical standards
(Annas et al. 2013). Back across the Atlantic, the British
Medical Journal called for the international medical
community to support military medics at Guantanamo
who speak out against ethical abuses. Furthermore, it
encouraged its readers to take practical steps, such as
writing to government ministers to publicly call for the
US to suspend immediately any medical involvement in
force-feeding and to allow detainees full access to
independent medical assessments (Chrispin & Nathanson
2013).
1000 © 2014 John Wiley & Sons Ltd
Tropical Medicine and International Health doi:10.1111/tmi.12348
volume 19 no 9 pp 1000–1002 september 2014
What do we do now?
The publication of the IMAP report must now galvanise
the medical community still further. The policy shift
away from force-feeding hunger strikers instituted in the
UK in the 1970s is a clear indicator of the influence that
the medical community can exert on decision makers
(Jacobs 2012). For what is of greatest concern now is
that even after the extensive efforts of the multidisciplin-
ary, independent, American team of experts that pro-
duced the IMAP report, there appears to have been little
change in US military policy relating to the medical treat-
ment of detainees. Indeed, detainees are perhaps worse
off, behind a barrier of increased secrecy: in December
2013, the US military declared it will no longer disclose
to the media and public whether prisoners at Guantana-
mo are on a hunger strike (Anonymous 2013c). Even the
terminology in use at Guantanamo Bay has been altered
to divert attention from controversy; documents released
by the Pentagon in March 2014 reveal that guidance on
the ‘Medical Management of Detainees on Hunger
Strike’ (written in March 2013) has been replaced by the
more palatably titled ‘Medical Management of Detainees
with Weight Loss’, and force-feeding is now referred to
as ‘involuntary enteral feeding’ (Joint Medical Group
Joint Task Force Guantanamo Bay 2013; Anonymous
2014).
More coherent action is thus needed from the global
medical community if we are to make a difference and
uphold the ethical values and standards we espouse.
There is little doubt that similar abuses by medical per-
sonnel in military and other detention facilities occur in
other countries around the world and should be con-
demned whenever they are brought to light. Ignoring
this particular blight on the global medical conscience is
not an option. It is now necessary to develop a coordi-
nated strategy which should include three elements:
keeping the protection of medical ethics at Guantanamo
Bay a ‘live issue’; mobilising interest groups from medi-
cal, legal and political spheres to develop enforceable
safeguards and solutions around prisoner rights and
treatment; and establishing sterner sanctions to be
applied to those contravening the principles of medical
ethics.
As part of the first strand of this strategy, statements
and actions to counter ethical breaches of medical practice
remain essential. Forums such as the World Health
Assembly and the General Assembly of the International
Federation of Red Cross and Red Crescent Societies could
provide an excellent platform for this. The latter is an
especially good forum in which to raise concerns, as the
ICRC is the sole independent human rights organisation
with access to the detention facility at Guantanamo Bay
(Anonymous 2013b). The second element of this strategy
could be achieved in part through targeted events that
serve to unite interest groups and provide a space in which
to formulate clear ideas for action. A recent conference on
Medical Care and Medical Ethics at Guantanamo brought
together international representatives from the medical,
military and legal professions who were able to identify
barriers to improving medical ethics at Guantanamo Bay
and set out solutions and next steps (Detainee Task Force
2013). Key to progress beyond this would be the inclusion
of policy makers and senior politicians in future events of
this kind. The third component of this strategy, develop-
ing processes for sterner definitive sanctions against those
contravening the principles of medical ethics, could
include boycotts of joint medical research and clinical
activity and other forms of collaborations with any insti-
tutions/facilities (military or otherwise) participating in
unethical practices. The impact of the international aca-
demic boycott of apartheid-era South Africa – supported
by the South African National Medical and Dental Associ-
ation (NAMDA) – suggests that this type of sanction can
be an effective tool in raising awareness and promoting a
positive policy change (Coovadia 1999).
The events at Guantanamo Bay require urgent atten-
tion, both for the benefit of the detainees whose human
rights are being ignored and for the sake of the wider
global medical community, whose reputation for indepen-
dence and ethical rigour is being compromised. To safe-
guard for future generations, the ethics and values that
underpin the medical profession, health professionals,
must take action now.
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Corresponding Author Emmeline J. Buckley, London School of Hygiene and Tropical Medicine, Keppel Street, London WC1E
7HT, UK. Tel.: +44 208 237 6395; E-mail: [email protected]
1002 © 2014 John Wiley & Sons Ltd
Tropical Medicine and International Health volume 19 no 9 pp 1000–1002 september 2014
E. J. Buckley et al. Editorial