WASHINGTON, Nov. 29 - The International Committee of the
Red Cross has charged in confidential reports to the United
States government that the American military has
intentionally used psychological and sometimes physical
coercion "tantamount to torture" on prisoners at Guantánamo
Bay, Cuba.
The finding that the handling of prisoners detained and
interrogated at Guantánamo amounted to torture came after a
visit by a Red Cross inspection team that spent most of last
June in Guantánamo.
The team of humanitarian workers, which included
experienced medical personnel, also asserted that some
doctors and other medical workers at Guantánamo were
participating in planning for interrogations, in what the
report called "a flagrant violation of medical ethics."
Doctors and medical personnel conveyed information about
prisoners' mental health and vulnerabilities to
interrogators, the report said, sometimes directly, but
usually through a group called the Behavioral Science
Consultation Team, or B.S.C.T. The team, known informally as
Biscuit, is composed of psychologists and psychological
workers who advise the interrogators, the report said.
The United States government, which received the report
in July, sharply rejected its charges, administration and
military officials said.
The report was distributed to lawyers at the White House,
Pentagon and State Department and to the commander of the
detention facility at Guantánamo, Gen. Jay W. Hood. The New
York Times recently obtained a memorandum, based on the
report, that quotes from it in detail and lists its major
findings.
It was the first time that the Red Cross, which has been
conducting visits to Guantánamo since January 2002, asserted
in such strong terms that the treatment of detainees, both
physical and psychological, amounted to torture. The report
said that another confidential report in January 2003, which
has never been disclosed, raised questions of whether
"psychological torture" was taking place.
The Red Cross said publicly 13 months ago that the system
of keeping detainees indefinitely without allowing them to
know their fates was unacceptable and would lead to mental
health problems.
The report of the June visit said investigators had found
a system devised to break the will of the prisoners at
Guantánamo, who now number about 550, and make them wholly
dependent on their interrogators through "humiliating acts,
solitary confinement, temperature extremes, use of forced
positions." Investigators said that the methods used were
increasingly "more refined and repressive" than learned
about on previous visits.
"The construction of such a system, whose stated purpose
is the production of intelligence, cannot be considered
other than an intentional system of cruel, unusual and
degrading treatment and a form of torture," the report said.
It said that in addition to the exposure to loud and
persistent noise and music and to prolonged cold, detainees
were subjected to "some beatings." The report did not say
how many of the detainees were subjected to such treatment.
Asked about the accusations in the report, a Pentagon
spokesman provided a statement saying, "The United States
operates a safe, humane and professional detention operation
at Guantánamo that is providing valuable information in the
war on terrorism."
It continued that personnel assigned to Guantánamo "go
through extensive professional and sensitivity training to
ensure they understand the procedures for protecting the
rights and dignity of detainees."
The conclusions by the inspection team, especially the
findings involving alleged complicity in mistreatment by
medical professionals, have provoked a stormy debate within
the Red Cross committee. Some officials have argued that it
should make its concerns public or at least aggressively
confront the Bush administration.
The International Committee of the Red Cross, which is
based in Geneva and is separate from the American Red Cross,
was founded in 1863 as an independent, neutral organization
intended to provide humanitarian protection and assistance
for victims of war.
Its officials are able to visit prisoners at Guantánamo
under the kind of arrangement the committee has made with
governments for decades. In exchange for exclusive access to
the prison camp and meetings with detainees, the committee
has agreed to keep its findings confidential. The findings
are shared only with the government that is detaining
people.
Beatricé Mégevand-Roggo, a senior Red Cross official,
said in an interview that she could not say anything about
information relayed to the United States government because
"we do not comment in any way on the substance of the
reports we submit to the authorities."
Ms. Mégevand-Roggo, the committee's delegate-general for
Europe and the Americas, acknowledged that the issue of
confidentiality was a chronic and vexing one for the
organization. "Many people do not understand why we have
these bilateral agreements about confidentiality," she said.
"People are led to believe that we are a fig leaf or worse,
that we are complicit with the detaining authorities."
She added, "It's a daily dilemma for us to put in the
balance the positive effects our visits have for detainees
against the confidentiality."
Antonella Notari, a veteran Red Cross official and
spokeswoman, said that the organization frequently
complained to the Pentagon and other arms of the American
government when government officials cite the Red Cross
visits to suggest that there is no abuse at Guantánamo. Most
statements from the Pentagon in response to queries about
mistreatment at Guantánamo do, in fact, include mention of
the visits.
In a recent interview with reporters, General Hood, the
commander of the detention and interrogation facility at
Guantánamo, also cited the committee's visits in response to
questions about treatment of detainees. "We take everything
the Red Cross gives us and study it very carefully to look
for ways to do our job better," he said in his Guantánamo
headquarters, adding that he agrees "with some things and
not others."
"I'm satisfied that the detainees here have not been
abused, they've not been mistreated, they've not been
tortured in any way," he said.
Scott Horton, a New York lawyer, who is familiar with
some of the Red Cross's views, said the issue of medical
ethics at Guantánamo had produced "a tremendous controversy
in the committee." He said that some Red Cross officials
believed it was important to maintain confidentiality while
others believed the United States government was
misrepresenting the inspections and using them to counter
criticisms.
Mr. Horton, who heads the human rights committee of the
Bar Association of the City of New York, said the Red Cross
committee was considering whether to bring more senior
officials to Washington and whether to make public its
criticisms.
The report from the June visit said the Red Cross team
found a far greater incidence of mental illness produced by
stress than did American medical authorities, much of it
caused by prolonged solitary confinement. It said the
medical files of detainees were "literally open" to
interrogators.
The report said the Biscuit team met regularly with the
medical staff to discuss the medical situations of
detainees. At other times, interrogators sometimes went
directly to members of the medical staff to learn about
detainees' conditions, it said.
The report said that such "apparent integration of access
to medical care within the system of coercion" meant that
inmates were not cooperating with doctors. Inmates learn
from their interrogators that they have knowledge of their
medical histories and the result is that the prisoners no
longer trust the doctors.
Asked for a response, the Pentagon issued a statement
saying, "The allegation that detainee medical files were
used to harm detainees is false." The statement said that
the detainees were "enemy combatants who were fighting
against U.S. and coalition forces."
"It's important to understand that when enemy combatants
were first detained on the battlefield, they did not have
any medical records in their possession," the statement
continued. "The detainees had a wide range of pre-existing
health issues including battlefield injuries."
The Pentagon also said the medical care given detainees
was first-rate. Although the Red Cross criticized the lack
of confidentiality, it agreed in the report that the medical
care was of high quality.
Leonard S. Rubenstein, the executive director of
Physicians for Human Rights, was asked to comment on the
account of the Red Cross report, and said, "The use of
medical personnel to facilitate abusive interrogations
places them in an untenable position and violates
international ethical standards."
Mr. Rubenstein added, "We need to know more about these
practices, including whether health professionals engaged in
calibrating levels of pain inflicted on detainees."
The issue of whether torture at Guantánamo was condoned
or encouraged has been a problem before for the Bush
administration.
In February 2002, President Bush ordered that the prisoners at Guantánamo be treated "humanely
and, to the extent appropriate with military necessity, in a
manner consistent with" the Geneva Conventions. That
statement masked a roiling legal discussion within the
administration as government lawyers wrote a series of
memorandums, many of which seemed to justify harsh and
coercive treatment.
A month after Mr. Bush's public statement, a team of
administration lawyers accepted a view first advocated by
the Justice Department that the president had wide powers in
authorizing coercive treatment of detainees. The legal team
in a memorandum concluded that Mr. Bush was not bound by
either the international Convention Against Torture or a
federal antitorture statute because he had the authority to
protect the nation from terrorism.
That document provides tightly constructed definitions of
torture. For example, if an interrogator "knows that severe
pain will result from his actions, if causing such harm is
not his objective, he lacks the requisite specific intent
even though the defendant did not act in good faith," it
said. "Instead, a defendant is guilty of torture only if he
acts with the express purpose of inflicting severe pain or
suffering on a person within his control."
When some administration memorandums about coercive
treatment or torture were disclosed, the White House said
they were only advisory.
Last month, military guards, intelligence agents and
others described in interviews with The Times a range of
procedures that they said were highly abusive occurring over
a long period, as well as rewards for prisoners who
cooperated with interrogators. The people who worked at Camp
Delta, the main prison facility, said that one regular
procedure was making uncooperative prisoners strip to their
underwear, having them sit in a chair while shackled hand
and foot to a bolt in the floor, and forcing them to endure
strobe lights and loud rock and rap music played through two
close loudspeakers, while the air-conditioning was turned up
to maximum levels.
Some accounts of techniques at Guantánamo have been easy
to dismiss because they seemed so implausible. The most
striking of the accusations, which have come mainly from a
group of detainees released to their native Britain, has
been that the military used prostitutes who made coarse
comments and come-ons to taunt some prisoners who are
Muslims.
But the Red Cross report hints strongly at an explanation
of some of those accusations by stating that there were
frequent complaints by prisoners in 2003 that some of the
female interrogators baited their subjects with sexual
overtures.
Gen. Geoffrey Miller, who commanded the detention and
intelligence operation at Guantánamo until April, when he
took over prison operations in Iraq, said in an interview
early this year about general interrogation procedures that
the female interrogators had proved to be among the most
effective. General Miller's observation matches common
wisdom among experienced intelligence officers that women
may be effective as interrogators when seen by their
subjects as mothers or sisters. Sexual taunting does not,
however, comport with what is often referred to as the
"mother-sister syndrome."
But the Red Cross report said that complaints about the
practice of sexual taunting stopped in the last year.
Guantánamo officials have acknowledged that they have
improved their techniques and that some earlier methods they
tried proved to be ineffective, raising the possibility that
the sexual taunting was an experiment that was abandoned.