Georgetown University

explore.georgetown.edu

Home

Blogs

Exploring International Law

Detainee Hicks Alleges Abuse by American Authorities

Detainee Hicks Alleges Abuse by American Authorities

Mar-20-07 07:26 am

David Hicks Bloomberg News Photo

The New York Times reports:

David Hicks, the first detainee to be formally charged under the new military tribunal rules at Guantánamo Bay, has alleged in a court document filed here that during more than five years in American custody he was beaten several times during interrogations and witnessed the abuse of other prisoners.

In an affidavit supporting his request for British citizenship, Mr. Hicks contends that before he arrived at Guantánamo, his American captors threw him and other detainees on the ground, walked on them, stripped him naked, shaved all his body hair and inserted a plastic object in his rectum.
The abuse, Mr. Hicks asserts, began during interrogations in Afghanistan, where he was captured in late 2001. It then continued while he was shuttled between American naval ships, aircraft, unknown buildings and Kandahar before he was taken to the military detention center at Guantánamo Bay, Cuba, in early 2002, according to the affidavit.

While Mr. Hicks did not claim that he was tortured at Guantánamo, he said he was given regular, mysterious injections that “would make my head feel strange.” He also said he witnessed or heard about mistreatment of others there.

But military officials dispute this charge:

A spokesman for the military commission, Cmdr. J. D. Gordon, described Mr. Hicks’s allegations as “false,” and “completely lacking in merit.”

“Hicks has make a number of allegations in the past, which have proven to be unsubstantiated and completely lacking in merit,” Commander Gordon said. For example, he said Mr. Hicks had once alleged that he was shackled to the floor for 22 hours a day, which Commander Gordon said was untrue.

I find it strange that the spokesperson for the military commission would release a statement calling Hick's claims "false." Would a judge in a civilian court or some other officer of a court pass judgment on a statement made by an accused while the case is still pending?

Tags: detainees human rights

About the editor:

Anthony Clark Arend

Professor

Commentary and analysis at the intersection of international law and politics.

» Contact the editor

» Learn more about the M.A. in International Law and Government at Georgetown University.

Tags

9/11 Commission aggression Alien Tort Statute censorship CIA civil liberties civil rights civil war climate change compensation Congress contractors crimes against humanity customary international law cyber security democracy detainee detainees detainess development diplomatic immunity electronic surveillance enemy combatant enemy combatants enviromental law environmental law expropriation extradition foreign law game theory genocide global economy habeas corpus human right human rights humanitarian assistance intelligence International Court of Justice international courts International Criminal Court international criminal law international environmental law international finance international health international law international legal theory international trade just war doctrine law of the sea law of war laws of war military commission military commissions military law multilateral negotiations nationalization natural law North Korea nuclear nonproliferation nuclear proliferation nuclear weapons outer space peacekeeping piracy poverty preemption prisoner of war prisoners of war rendition rule of law self-executing separation of powers sovereign wealth fund sovereignty Supreme Court SWF terrorism torture treaties United Nations universal jurisdiction use of force war crimes

Tags

More