Judge Orders Government to Release Videos of Guantanamo Force-Feedings
Videos showing force-feedings of a hunger-striking Guantanamo detainee must be publicly aired, a federal judge ordered this afternoon.
Lawyers for Syrian Abu Waâel Dhiab, who has been held at Guantanamo since 2002 and has been refusing food for the last 18 months, have characterized the footage as âextremely disturbing.â Dhiab is asking the U.S. District Court in Washington D.C. to stop the militaryâs practice of forcibly removing him from his cell and restraining him for feedings.
The government argues that the 28 tapes at issue are classified, and will likely appeal todayâs ruling. Releasing the videos, the Justice Department has said, might give a glimpse of the the prison infrastructure, or let Guantanamo inmates or others learn how to resist âforced cell extractionsâ or locate equipment that could be used as a weapon. The government also warned that the videos might âinflame Muslim sensitivities overseas.â
But the judge, Gladys Kessler, found that those justifications were âunacceptably vague, speculative,â or âjust plain implausible.â So much information about the force-feedings was already public, Kessler wrote, and certainly detainees âare already familiar with the tactics used to extract them from their cells and enterally feed them.â The videos may be altered to protect the identities of prison guards, she said.
âThis may well be the most significant court decision on Guantanamo Bay in years,â Alka Pradhan, one of Dhiabâs attorneys, said in a statement. âNo longer does the American public have to rely on propaganda and misinformation, but can finally watch the videotapes and judge for themselves.â
The government tried to have an upcoming hearing in Dhiabâs case â set for Monday â largely closed to the public, but Kessler decided yesterday that it would stay open. Itâs not clear whether an appeal or the redaction of the videotapes will delay next weekâs proceedings. In a statement, the Justice Department said it was considering its options.
The Interceptâs parent company, First Look Media, and 15 other news organizations petitioned the court to unseal the videos and have open hearings in Dhiabâs case.
Kessler has routinely expressed skepticism about government secrecy surrounding Guantanamo â once ordering an inmateâs release with the message âthere is absolutely no reason for this court to presume that the facts contained in the governmentâs exhibits are accurate.â Earlier this week, she said it was âdeeply troublingâ that the government wanted to close the Dhiab hearing. And today, she said she was âwell awareâŚthat in no case involving Guantanamo Bay detainees has any court ordered disclosure of classified information over the Governmentâs opposition. However â to be clear â that does not mean that in a given factual situation no court has the discretion to do so if warranted.â
Lawyers estimate that about 16 Guantanamo detainees are on hunger strike in protest of their indefinite detention. The military stopped releasing an official count last year after a mass strike involving more than 100 prisoners. The military maintains that force-feeding is done humanely. The World Medical Association has said that the procedure is unethical and can amount to torture.