Widespread Hunger Strike at Guantánamo
By NEIL A. LEWIS
New York Times
September 18, 2005
http://www.nytimes.com/2005/09/18/politics/18gitmo.html?pagewanted==all

WASHINGTON, Sept. 17 - A hunger strike at the prison camp at
Guantánamo Bay, Cuba, has unsettled senior commanders there and
produced the most serious challenge yet to the military's effort to
manage the detention of hundreds of terrorism suspects, lawyers and
officials say.

As many as 200 prisoners - more than a third of the camp - have
refused food in recent weeks to protest conditions and prolonged
confinement without trial, according to the accounts of lawyers who
represent them. While military officials put the number of those
participating at 105, they acknowledge that 20 of them, whose health
and survival are being threatened, are being kept at the camp's
hospital and fed through nasal tubes and sometimes given fluids
intravenously.

The military authorities were so concerned about ending a previous
strike this summer that they allowed the establishment of a six-member
prisoners' grievance committee, lawyers said. The committee, a sharp
departure from past practice in which camp authorities refused to cede
any control or role to the detainees, was quickly ended, the lawyers say.

Maj. Jeffrey J. Weir, a spokesman at the base, said that the prisoners
who are being fed at the hospital are generally not strapped to their
beds and gurneys but are in handcuffs and leg restraints. A 21st
prisoner at the hospital is voluntarily accepting liquid food.

Major Weir said the prisoners usually accept the nasal tubes passively
because they know they will be restrained and fed forcibly if
necessary. "We will not let them starve themselves to the point of
causing harm to themselves," he said, describing the process as
"assisted feeding" rather than force-feeding. On at least one
occasion, he said, a prisoner was restrained and forcibly fed.

One law enforcement official who has been fully briefed on the events
at Guantánamo said senior military officials had grown increasingly
worried about their capability to control the situation. A senior
military official, also speaking on the condition of anonymity,
described the situation as greatly troublesome for the camp's
authorities and said they had tried several ways to end the hunger
strike, without success.

The comments of the officials who spoke on the condition of anonymity,
probably because their accounts conflict with the more positive
descriptions in official military accounts, generally mirrored the
statements of lawyers for the detainees, who have received their
information from face-to-face interviews with their clients.

Clive Stafford Smith, a British lawyer for several of the detainees,
said he was visiting some of his clients in August when the most
recent strike began. He said that a detainee, Omar Deghayes, told him
that the strike was largely to protest their long imprisonment without
being charged with any crime as well as the conditions of their
confinement.

He said that Mr. Deghayes, a Libyan who has lived in London, told him:
"Look, I'm dying a slow death in this place as it is. I don't have any
hope of fair treatment, so what have I got to lose?"

Mr. Stafford Smith said an earlier hunger strike ended on July 28
after the camp authorities agreed to improve conditions.

He said that one inmate, Shaker Aamer, negotiated the end to that
hunger strike with a camp official he identified as Col. Michael
Bumgarner, who said he had been authorized to address some of the
prisoners' grievances. Mr. Stafford Smith, who represents Mr. Aamer,
said his client told him that Colonel Bumgarner said he would ensure
that the detainees would thereafter be treated "in accordance with the
Geneva Accords." That included, Mr. Stafford Smith said, the
establishment of the six-member committee to represent the prisoners
in talks with the authorities. Such representative committees are
called for in the Geneva Conventions, although they had not been
formed at Guantánamo. The Bush administration has said that while the
Guantánamo detainees are not entitled to the protections of the Geneva
Conventions, they are generally treated by its standards.

Mr. Stafford Smith said the committee only functioned for a few days
before authorities disbanded it.

Major Weir disputed Mr. Stafford Smith's description of a prisoners'
grievance committee. "There have been no meetings with detainees
refusing to eat," he said in a written statement in response to a
question about the existence of such a committee. He said that
commanders and soldiers interact with the prisoners daily and that
they are also made aware of prisoners' needs and complaints from
representatives of the International Committee of the Red Cross. He
declined to elaborate further.

Mr. Stafford Smith said the current strike began after some detainees
reported witnessing the abuse of a prisoner, Hisham Sliti, when he
returned to his cell after an interrogation session. He said that Mr.
Deghayes told him that he had also seen a guard throw Mr. Sliti's copy
of the Koran onto a cell floor. The military has acknowledged that
isolated incidents of abuse of the Koran have caused some unrest among
detainees, but authorities said that they investigate any such reports
and discipline any offenders.

Kristine Huskey, a lawyer with Shearman & Sterling in Washington who
returned from visiting Guantánamo last week, said that three of the
Kuwaitis she represents in federal court were among the hunger
strikers. She said she could not discuss everything she learned
because of an agreement with the military that lawyers may not
disclose information from their visits until the authorities review
their notes for classified information. Nonetheless, she said, "The
situation in the camp itself is very bad," adding that the hunger
strike was "far more widespread than the government is letting on."

She also said that the camp authorities seemed greatly harried as they
tried to cope with the situation.

The comments by Mr. Stafford Smith and Ms. Huskey demonstrate the vast
changes in the military's task since federal courts have become
involved in cases involving detainees and ordered the military to
allow defense lawyers to travel to Guantánamo. Before the advent of
lawyer visits, the military had total control over information from
Guantánamo. There is now general acknowledgment that there were hunger
strikes in 2002 and 2003, but they were largely unknown at the time.
The only parties who had solid information when the strikes were
occurring were the military authorities and Red Cross officials, who
had pledged not to reveal what they learned in their visits in
exchange for continued access.

The discrepancy between the military's figures for participation in
the strike and those of the lawyers may partly be explained by their
using different definitions. Major Weir said a detainee was deemed to
be on strike if he refused nine consecutive meals. Gitanjali
Guiterrez, a lawyer with the Center for Constitutional Rights, a New
York group that issued a recent report on hunger strikes at
Guantánamo, said that more than 200 detainees have said they have
participated in the strike, and that could mean they ate only some
meals or consumed only beverages.

Ms. Huskey said that the government tried to prevent lawyers from her
firm from visiting their clients in recent weeks. She said officials
had to be pressed to allow the visits by Judge Colleen Kollar-Kotelly
of the Federal District Court in Washington in at least three
telephone conferences.

Ms. Huskey and her colleagues filed a motion before Judge
Kollar-Kotelly on Aug. 29 asking her to order the government to allow
them to visit their clients at Guantánamo who they believed were
involved in the hunger strike.

"The judge essentially said they weren't being accommodating enough,
and she pressed them to explain why we couldn't go," Ms. Huskey said.
"When they said they didn't know if our clients were involved in the
hunger strike, she asked them to find out."

Ms. Huskey said that when the government lawyers later reported that
three of the firm's clients were involved, Judge Kollar-Kotelly said
the lawyers should at least be able to visit those detainees.

"The government then became more accommodating," she said.

http://www.nytimes.com/2005/09/18/politics/18gitmo.html?pagewanted==all







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