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Sep 18 2009
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By Stephen Lendman   
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Doctors Aiding Torture
 
In April 2009, a confidential February 2007 ICRC torture report was publicly released. Titled, "ICRC Report on the Treatment of Fourteen 'High Value Detainees' in CIA Custody," it detailed harsh and abusive treatment from their time of arrest, detention, transfer, and incarceration at Guantanamo where ICRC professionals interviewed them.

Besides detailed information on torture and abusive treatment, they obtained damning, consistent detainee accounts of medical personnel involvement, including:

-- their monitoring of and direct participation in torture procedures;
-- instructing interrogators to continue, adjust, or stop certain ones;
-- informing detainees that medical treatment depended on their cooperation;
-- performing medical checks before and after each transfer; and
-- treating the effects of torture as well as ailments and injuries during incarceration.

Condoning or participating in torture grievously breaches medical ethics and the 1975 World Medical Association (WMA) Declaration of Tokyo "Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment." It states:
-- in all cases at all times, "physician(s) shall not countenance, condone or participate in" torture or any other form of abuse;
-- they "shall not use nor allow to be used (their) medical knowledge or skills, or health information" to aid interrogation in any way;
-- they "shall not be present during any procedure during which torture or any other forms of cruel, inhuman or degrading treatment is used or threatened;"
-- they "must have complete clinical independence" in treating persons for whom they're medically responsible; and
-- WMA encourages the international community and fellow physicians to support medical professionals who face "threats or reprisals resulting from a refusal to condone" all forms of torture and abuse.

Protocol I of the 1949 Geneva Conventions states:
"Persons engaged in medical activities shall neither be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the benefit of the wounded and sick, or this Protocol."

On July 7, 2005 in the New England Journal of Medicine, Dr. Gregg Bloche and Jonathan Marks published an article titled, "Doctors and Interrogators at Guantanamo Bay" in which they cited evidence that "Health information (was) routinely available to behavioral science consultants and others" engaged in interrogations, in violation of strict medical ethics. 

In early 2003, detainee medical records were readily available, and since late 2002, psychiatrists and psychologists were involved in crafting extreme stress techniques "combined with behavior-shaping rewards to extract actionable intelligence from resistant captives."

"Wholesale disregard for clinical confidentiality" seriously breaches medical ethics "since it makes every caregiver into an accessory to intelligence gathering." It also "puts prisoners at greater risk for serious abuse."

In July 2006, the Center for Constitutional Rights (CCR) published a report titled, "Report on Torture and Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantanamo Bay, Cuba" that included evidence of medical personnel involvement in torture.

Detainee Othman Abdulraheem Mohammad was told that medical treatment would depend on his cooperation. Lakhdar Boumediene said every time he requested care he was told to ask permission from his interrogators. They "controlled his access, (and it) was granted or denied based on the interrogator's assessment of his level of cooperation."

Bosnian prisoner medical records confirmed that medical staff were present during their interrogations "and authorized (them) to proceed."

Medical personnel monitored Mohammed al Qahtani's interrogation during nearly two months of "severe sleep deprivation and physical stress." At one point, they rushed him to the base hospital when his heart rate dropped dangerously low. After stabilization, they returned him the next day for more interrogation.

Other prisoners described doctors performing unnecessary and abusive procedures, including forced amputations, after which they were denied proper treatment. 

Psychiatrists and psychologists designed "extreme interrogation techniques as part of the Behavioral Science Consultation Team (BSCT)." In late 2002, it was tasked "to torment detainees in interrogations...."

International and US Laws Prohibiting Torture

Numerous international and US laws unequivocally ban torture under all conditions at all times with no allowed exceptions ever, for any reasons, including in times of war.

The Third Geneva Convention covers war prisoners and detainees. It prohibits torture and protects their right to be treated humanely against "violence to life and person (and) humiliating and degrading treatment" as well as to judicial fairness and proper medical treatment. The Fourth Geneva Convention affords the same rights to civilians in times of war.

The federal anti-torture statute (18 USC, 2340A) prohibits its use outside the US and defines it as "an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering....upon another person within his custody or physical control."

The 1991 Torture Victims Protection Act authorizes civil suits in America against individuals, acting in an official capacity for a foreign state, who committed torture and/or extrajudicial killing.

The 1984 UN Convention Against Torture bans all forms of torture, cruel and degrading treatment in all circumstances at all times with no exceptions ever allowed.

The US Constitution's Fifth, Eighth and Fourteenth Amendments prohibit cruel, inhuman and degrading treatment or punishment.



 
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