Legal Commentary

Former Gitmo Guard's Tell-All

By Jeralyn

Scott Horton in Harper's writes about former Guantanamo prison guard Brandon Neely's "tell-all" about his experience. Neely was a guard during the first year of Gitmo. Bottom line: Neely says "“The stuff I did and the stuff I saw was just wrong.”

You can read Neely's 15,000 word version (put together by law students at the University of California) here.

Horton says three things stood out to him: [More...]

Neely and other guards had been trained to the U.S. military’s traditional application of the Geneva Convention rules. They were put under great pressure to get rough with the prisoners and to violate the standards they learned. This placed the prison guards under unjustifiable mental stress and anxiety....

Neely discusses at some length the notion of IRF (initial reaction force), a technique devised to brutalize or physically beat a detainee under the pretense that he required being physically subdued. The IRF approach was devised to use a perceived legal loophole in the prohibition on torture. Neely’s testimony makes clear that IRF was understood by everyone, including the prison guards who applied it, as a subterfuge for beating and mistreating prisoners—and that it had nothing to do with the need to preserve discipline and order in the prison.

Second, Horton writes, there was mistreatment of the Qu'ran, as Newsweek reported years ago (more on that here and here):

Not only was the Newsweek report accurate in its essence, it actually understated the gravity and scope of the problem. Moreover, it is clear that the Pentagon Public Affairs office was fully aware, even as it went on the attack against Newsweek, that its claims were false and the weekly’s reporting was accurate.

Third, Horton says:

[H]ealth professionals are right in the thick of the torture and abuse of the prisoners—suggesting a systematic collapse of professional ethics driven by the Pentagon itself. He describes body searches undertaken for no legitimate security purpose, simply to sexually invade and humiliate the prisoners.

In other words, rape by instrumentality was okay under Bush and health care professionals participated.

Horton concludes with a reminder of how little we still know about what went on at Guantanamo.

Full post as published by TalkLeft on February 16, 2009 (boomark / email).