Force-Feeding As Torture at Guantanamo

Steven D. Schwinn, John Marshall Law School

Jon B. Eisenberg, counsel, along with Reprieve US, for Shaker Aamer and Emad Hassan, Guantanamo detainees, writes over at Jurist.org that force-feeding detainees at Guantanamo is akin to the medieval form of torture called "pumping," or the water cure.  Eisenberg makes the case that force-feeding is not "reasonably related to legitimate penological interests," the standard under Turner v. Safley, because the government force-feeds prematurely, long before detainees are at risk of death or great bodily harm.  He writes that there are "obvious, easy alternatives," and that force-feeding is an "exaggerated response."

Recall that the D.C. Circuit ruled earlier this year that federal courts could hear Aamer's habeas claim--a claim not for release, but rather against his conditions of confinement.  This was a huge victory for Guantanamo detainees: it was the first time the court said that they could bring a habeas claim challenging their conditions of confinement. 

But the court also ruled that Aamer was not likely to succeed on the merits of his claim.  Eisenberg explains why that was wrong.

The government hasn't said whether it'll appeal the Aamer ruling.  In the meantime, Eisenberg and Reprieve US are going forward with another claim against force-feeding, Hassan's.