Judge okays military force-feeding of Syrian Guantánamo detainee

gtmA Federal District Court judge has lifted an order barring the military from force-feeding a hunger-striking Guantánamo detainee. Jihad Ahmed Mujstafa Diyab, a 42-year-old Syrian citizen, has been held at Guantánamo for 11 years and nine months.

The judge "sharply rebuked the Obama administration for refusing to compromise over procedures she said caused "agony."

Charlie Savage for the New York Times:

Judge Gladys Kessler said ruling that she faced “an anguishing Hobson’s choice” involving the detainee, Jihad Ahmed Mujstafa Diyab: to keep the order in place as the legal fight continues and risk that he dies, or to lift it and allow the military to take steps to keep him alive using procedures that inflict “unnecessary” suffering.

“The court simply cannot let Mr. Dhiab die,” she wrote, using an alternate spelling for the detainee’s name.

The force-feeding procedure involves strapping a detainee into a restraint chair and inserting a tube through his nose and down his throat. Liquid nutritional supplement is then poured into his stomach. Mr. Diyab, 42, a Syrian who has been held without charges at Guantánamo for nearly 12 years, was recommended for transfer in 2009-10 by a task force.

Read the full article here.

Here is the court document.

Notable Replies

  1. Well, another way to look at it is that even if he weren't a terrorist before, he certainly would be now. I know I'd want to attack any country that detained and tortured me for 12+ years without a trial...

  2. Torture is one of those things humanity should recognize as unequivocally pure evil, yet somehow we continue trying to rationalize its use. Kind of makes you do a double take every time something like this is in the news. It's a reminder that civilization hasn't come a long way after all.

  3. mtdna says:

    The military is tricking the judges into supporting them. They've cleverly framed the hunger strike as a suicide attempt, thus framing themselves as noble rescuers who have come save the victim from self-destruction. The reality is that hunger strikes are a form of protest. They rarely kill the striker. What the military is really doing is removing any remaining hope of the prisoner to plead for help from the outside world, along with any iota of self-determination and control.

  4. If only someone who was the head of the military could issue some kind of executive order banning the practice. Like some kind of, I don't know, Commander-in-Chief.

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