Guantánamo, torture and the mechanisms for change
To mark the 20th anniversary of the existence of Guantánamo Bay detention camp, Mohamedou Ould Slahi, a former detainee at the facility, visited the University of Bristol’s Human Rights Implementation Centre (HRIC). His story and the research of the HRIC bring into sharp focus the need for mechanisms that hold States accountable for their crimes – and for Guantánamo to not become a shield behind which others committing such acts can hide.
Mohamedou Ould Slahi had been held without charge at the notorious detention camp for over a decade, enduring torture and abuse. His visit shed light on the significant role played by Bristol researchers in combating torture globally.
The HRIC, led by Professors Sir Malcolm Evans and Rachel Murray, is renowned for its work in preventing torture and ill-treatment. Over the past decade, the Centre has contributed to the establishment and strengthening of an international system for monitoring places of detention.
A key component of this system is the United Nations Subcommittee on the Prevention of Torture (SPT), which Sir Malcolm chaired from 2011 to 2020. The SPT has the authority to inspect detention facilities worldwide and works with governments, human rights institutions, and civil society organisations to address the root causes of torture and inhumane treatment.
Another component is the Optional Protocol to the Convention Against Torture (OPCAT), an international treaty aimed at safeguarding individuals deprived of their liberty. The HRIC has been instrumental in shaping and implementing OPCAT, particularly through the establishment of National Preventive Mechanisms (NPMs) in countries to monitor detention facilities.
While the UK has established its NPM, the US, which operates Guantánamo Bay, has not ratified OPCAT or established a similar mechanism. Slahi’s visit highlighted the urgent need for such mechanisms to hold states accountable for their crimes and prevent facilities like Guantánamo from becoming shields for other countries committing similar acts.
The anniversary of Guantánamo’s establishment serves as a reminder of the ongoing violation of human rights, including indefinite detention without trial and torture. Slahi’s personal account of torture at Guantánamo underscored the futility and immorality of using torture. The Universal Declaration on Human Rights and international conventions explicitly prohibit torture, degrading treatment, and punishment. Yet only a small fraction of the detainees held at Guantánamo have faced trials, and the proceedings have not met fair trial standards.
The HRIC’s research has contributed to reducing the incidence of torture worldwide by improving the standards and practices of supranational bodies like the SPT and African Commission’s Committee on Prevention of Torture, and by influencing legislation and government policies. It has also advised numerous countries on establishing and enhancing their NPMs.
However, the continued existence of Guantánamo and its legacy pose a threat to global efforts to combat torture. Closing Guantánamo requires political will and the establishment of effective mechanisms for accountability. The HRIC’s work in preventing torture and promoting human rights serves as a crucial foundation for addressing these issues and ensuring that no one is subjected to torture or inhumane treatment.
Mohamedou Ould Slahi’s 2022 tour has led to the establishment of an All Party Parliamentary Group in the UK to put pressure on the US government to close Guantanamo.
Listen to the Guantánamo podcast series featuring Sir Malcolm Evans, Mohamedou Ould Slahi and his lawyer whilst in the facility, Nancy Hollander.