1

Prisoner Abuse: Living Hell - Final

Melissa Bennett
Mr. Babcock
07/05/2015

Preface
Abuse of prisoners is a well-kept secret worldwide. Emotional, sexual and physical
abuse is a harsh reality many incarcerated men and women face. These prisoners are victims
of the judicial system; their vulnerable state while imprisoned is taken advantage of,
resulting in their neglect, mistreatment, and dehumanization. In 2011, nearly 200,000
people were sexually abused in American detention facilities [7]. This is an unsettling
statistic regarding a topic that is necessary to talk about, but easy to forget due to the lack of
awareness surrounding it. Because of this, gaining exposure is something to strive for
because it would help the fight to end this injustice.
The hesitation to talk about this issue may be due to its negative impact on those
who have experienced it. A topic such as prisoner abuse is unpleasant and even
uncomfortable for some, but this should not lessen the efforts in the fight to stop it. In 2012,
16.7 percent of inmates held in American juvenile detention centres and both state and
federal prisons reported having been sexually abused in their current facility in the past
twelve months [7].The victims of these horrors inside prisons are essentially powerless
against the authoritative figures they should, ideally, be trusting rather than fearing, and the
other prisoners who pose a great threat if not controlled properly. The Department of
Justice detailed how between 2005 and 2011, the number of reported prisoner assaults
grew by more than a third [5]. Are these prisoners out of sight, and subsequently out of
mind?
Despite having been arrested and detained for an offense, prisoners in Canada are
still protected under Canadas Charter of Rights and Freedoms:
The Charter outlines rights pertaining to the freedom of conscience and religion;
freedom of expression; freedom of peaceful assembly; freedom of association; life,
liberty and security of the person; protection from arbitrary detention and
imprisonment; reasons for detention; right to counsel; validity of detention;
protection from cruel and unusual treatment or punishment; equality; and language.
[6]

Whether prisoners are given these rights in Canada is questionable. This will be extensively
investigated and questioned. Other prisons worldwide will also be researched to determine
whether these inmates have also been subjected to the infringement of their rights.
At the time of their attack(s), these prisoners are at the mercy of their abuser.
Traumatized, bullied into silence, or often both, prisoners face a world many could not even
imagine. These victims deserve to spoken about and have their mistreatment regarded as a
global issue because it is just that; an issue that affects many people on an international
scale.

Table of Contents
Preface.2
Summary of Research Methods.5
Background.6
Expert..9
Role of Control.12
Logic of Evil....14
Case Study #1 Guantnamo Bay, Cuba..18
Case Study #2 Russia.27
Case Study #3 Abu Ghraib, Iraq.30
International Organizations..35
Canadian Connection....39
Solutions43
Conclusion45
Bibliography.46
Appendices..52

Summary of Research Methods

For the purpose of this essay, the majority of research methods were website based.
Trusted historical websites were used and facts were checked by multiple sources. News
articles were also used and checked by multiple sources as well. A trusted, reputable expert
was also extensively researched. As more progress was made, newscasts were used, along
with criminology journals and documentaries. Newscasts and articles used were from
reputable sources from areas worldwide such as Radio Free Europe Radio Liberty (Russian
news) and The New York Review (American news). The allegations made in these articles
were checked for authenticity with other sources. Amnesty International, the John Howard
Society, and the Red Cross are examples of reliable organizations that were used as sources.
Three case studies were investigated in the three developing countries of Cuba,
Russia, and Iraq. Reliable sources from each of these places were used in order to achieve a
nonbiased, factual representation of what is occurring.

Background
The mistreatment and dehumanization of prisoners has been a prominent issue
worldwide for hundreds of years. Millions of men and women have gone into the judicial
system hoping to serve their sentence and maintain their dignity, despite entering a place
with a new world order. For many, this was a false assumption.
Before controlled prisons and spaces of confinement became the norm, alternate
disciplinary measures were enforced such as corporal (or physical) punishment and social
ostracism. Corporal punishment is a form of physical punishment that involves the
deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or
reforming a wrongdoer or behaviour deemed unacceptable [10]. This was used in both the
judicial and educational systems in early history. At the time of the Roman Empire, the
maximum punishment a Roman citizen could receive was forty lashes of a whip applied to
the shoulders, back, or buttocks, frequently administered in front of crowds [10]. By the
sixteenth century the popularity of public lashings had increased. This physical punishment
was increasingly turned into public spectacles, with public beatings of criminals intended as
a deterrent to other would-be offenders [10]. Some began to speak out against this type of
reform, and by the eighteenth century, many philosophers became critical of it, such as John
Locke. His work was highly influential and is believed to have been a catalyst in the fight to
ban physical punishment in Poland, which became the first country to do so in 1783. By the
nineteenth century whether this kind of punishment was effective was questioned, and
whether it was ethically acceptable. The United Kingdom and United States were amongst
the last countries to abolish whipping, lashing, flogging, and any other physical abuse used
as punishment on a mass scale.
The word ostracism comes from the ancient Greek practice of ostrakon in which
someone would be exiled from society for ten years if other citizens voted for them [11]. In
modern day culture, ostracism is a term that can refer to the exclusion of a certain person or
group of people from their society. The goal is to humiliate, undermine, and ultimately
punish the victim. In Nazi Germany and German-occupied Europe Jewish people were forced
to wear a yellow badge, a sign of their religion and ultimately, a sign that would later be
considered a badge of shame [12].
These practices still play a role in societies today. Many would argue ostracism of the
different, the weak, or the threatening is part of human nature. Whether this is true or not,

social humiliation, ostracism and physical punishment are not effective methods to punish
people in an attempt to teach them the difference between right and wrong.
Transitioning into the eighteenth century, offenders served time in penitentiaries.
It was believed they would discover penitence, feelings of sorrow and regret for what they
have done wrong. In the predominantly Christian Western world, this was accepted and
implemented. Many believed true penitence could be achieved by the practice and precept
of holy men, in all ages, sometimes [by retiring] from scenes of public concourse for the
purpose of communing with our own hearts, and meditating on heaven [9].
Capturing the essence of what prisons of this time were truly supposed to instill in their
occupants, signer of the Declaration of Independence, Benjamin Rush, once said,
The design of punishment is said to be first, to reform the person who suffers it,
secondly, to prevent the perpetration of crimes, by exciting terror in the minds of
spectators; and, thirdly, to remove those persons from society, who have manifested,
by their tempers and crimes, that they are unfit to live in it [9].
The nineteenth century became known for its prison reform. Due to lack of maintenance,
prisons became places of easily spread infections and extreme uncleanliness. These
conditions were no longer accepted and the prison reform movement began. Education and
counseling services were provided for the first time, in addition to opportunities for
prisoners to work while completing their sentences. Juveniles were now separated from
adult prisoners as well. The United Nations Standard Minimum Rules for the Treatment of
Prisoners was published in 1955, with the expected outcome of prisoners serving a more
bearable sentence [8].
Whether the rules of the treatment of prisoners were, or still are obeyed by the
United Nations is subject to debate. These rules outline many prisoner rights such as how
corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or
degrading punishments shall be completely prohibited as punishments for disciplinary
offences and how no male member of the staff shall enter the part of the institution set
aside for women unless accompanied by a woman officer [13].
Through centuries, prisoner rights have been eliminated, added, and changed. The
effects of these changes are not blatant for the unassisted eye. Without extensive research
and investigations into both new and old reports of prisoner rights infringements, the flaws

in the judicial system are not obvious. Many prisoner rights having been outlined, but the
mistreatment of offenders is still a prominent issue in every society.

Expert
Christopher D. Man is the author of a multitude of journals on criminal law and
criminology. He studied at the George Washington University Law School and now serves as
a practicing lawyer in Washington, DC. He has earned his honour by writing successful
articles featured in publications such as The National Law Journal, New York Law Journal and
the Legal Times. A very prominent author, Man has written journals and books on
criminology, sociology and social issues such as physical abuse faced by prisoners while
serving their sentence.
Despite playing a role in almost every civilization worldwide, prisoner abuse is not
something many like to speak of often or in detail. Man pushes these societal boundaries,
detailing attacks and conveying ideas which could become controversial such as how women
are treated in prisons, how many officers plead ignorance in the face of a tragedy that has
occurred on their watch, and how prisoners with HIV/AIDS should be separated as safety
precautions. He also triggers the fight against prisoner rape: what it means for it to have
been consensual, what role sexual orientation plays, and what prisoners who have suffered
this violation of rights are entitled to as therapy.
Mans journal documenting his thoughts and information on abuse in male prisons
will be focused on. In this journal on criminal law and criminality, Man describes how in this
article, we offer guidance for inmates seeking to litigate against prison officials who condone
and fail to prevent this victimization. We endeavor for the practical, rather than solely
theoretical, side of this issue, as we aim to sketch a litigation strategy for inmates victimized
by assault [3].
Man describes how his purpose is to expose the practical side rather than the
theoretical side, trying to broaden the understanding for the reader. His purpose is to stray
away from statistics and bring a side of reality to his writing. He wants to affect his audience,
cause a movement. He explains what is right and what is wrong, and uses many real life
examples throughout his journals to prove his beliefs, such as Dee Farmer.
Dee Farmer was a twenty-one year old transsexual who had breast implants, had
taken female hormones, and had a youthful and feminine appearance when she was
placed in the general male population at a [high-security] prison. Farmer also was a
non-violent offender. The Supreme Court appropriately recognized that a jury could

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infer from those facts that prison officials must have known that Farmer was at risk
[for assault] [3].

Multiple counts of rape and beatings did occur, and Farmer contracted HIV as a result. This
was the first time deliberate indifference (willing ignorance) played a role in a trial in the
Supreme Court, it being agreed upon that officers duties are to protect the inmates and
these duties were neglected when an at risk offender was not given the rights they
deserved.
This case, as covered by Man, led to the spread of awareness in prisoners and their
relationship with HIV/AIDS and prison staff. Man explains how
Victims of prisoner rape can prevail in suits against prisons and officials by citing the
failure of guards to anticipate rape. More importantly, successful suits relying on the
predictability of rape and the failure of guards to act when assault is foreseeable may
prod prison reform. Maybe then, prison officials will stop ignoring the constant terror
that far too many inmates face. [3]
Additionally, Man also clearly portrays how even though the journal he wrote focuses
solely on male prisons, severe indiscretions, physical, emotional, and sexual abuse included,
do occur in female prisons too. He details how he does not intend to insult women by
thinking he is in any way trivializing or lessening the attention female sexual assault should
get from people around the world.
Man believes in inmates being treated the way all humans should be with respect,
dignity and pride. In regards to the possible transmission in prisons, which can occur through
being stuck with an HIV-contaminated needle or other sharp object, eating food that has
been pre-chewed by an HIV-infected person, being bitten by a person with HIV, oral sex,
contact between broken skin, wounds, or mucous membranes and HIV-infected blood or
blood-contaminated body fluids, open-mouth kissing if the person with HIV has sores or
bleeding gums and blood is exchanged [67]. These situations arise in modern-day prisons,
many of them being violent cases of abuse. Because of this, the prisoners who become
physical with other inmates and guards, consensually or not, are much more susceptible to
contracting this virus than those who do not. In North America, the number of confirmed

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AIDS cases among state and federal prisoners was 2.4 times greater than that of the general
population in 2007 [68].
According to Man, prisoners who test positive should undoubtedly be separated from those
who test negative. This is a precaution, attempting to maintain the health and wellness of as
many inmates as possible and decreasing the prevalence of this virus among prisoners.
Additionally, Man adds power to the fight against officers who take the stance of
prison rape automatically being consensual if the victim is homosexual or bisexual. By
publishing his beliefs in this matter and many others, Man is taking responsibility for his
values and beliefs and reaching out to the public for confirmation. He conveys how abuse of
prisoners is wrong. In his opinion there is no discussion, and no debate. No matter what
gender or sexual orientation of the victim, assault in prisons is something that needs to be
talked about, the outrage resulting from the mistreatment of prisoners everywhere needs to
be felt!
Also advocating for the rights of prisoners after having survived such a traumatic
ordeal such as prisoner sexual assault, Man states how prison officials also may violate the
constitutional rights of inmates by failing to give them appropriate medical assistance after
the rape, including rape counseling. He goes on to say, by denying rape victims medical
attention and counseling, failing to collect evidence of rape, and failing to provide rape kits,
prison officials cast considerable doubt on whether they take the problem of prisoner rape
seriously[3].
Christopher D. Mans words have the power to influence the outside world to react.
He believes prisoners deserve to be treated with respect and dignity and any act of physical,
sexual and emotional abuse clearly should not be tolerated.

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Role of Control
Many people play a part in the prevention of prisoner abuse. Prison administration
holds great power, severely impacting the well-being of the inmates. Seeing as in many
circumstances these staff work the closest with the prisoners in their time of vulnerability,
prisoners could easily be manipulated, abused, and taken advantage of. But, despite the
prison staff having many systems in place to control and overpower them, prisoners also
play a vital role in the protection of themselves and their fellow inmates.
For the countries part of the United Nations, prisoner workers have the duty of
following the stipulations described in the Standard Minimum Rules for the Treatment of
Prisoners is required [13]. On a much greater scale, this is the entity which holds the most
power over the treatment of inmates. Because this is a declaration, not a guideline, it must
be obeyed, but many nations, provinces, states, cities, towns and individual prisoner workers
disobey these orders. This is jeopardizing the communitys trust in the judicial system and
ultimately, the value of prisoners and their lives is becoming questionable.
In order to achieve the nearly impossible task of ensuring prisoners are safe in
prisons worldwide, the first step would be regarding the staff. Building a positive rapport
among prisoners and administration is extremely important. This relationship would be built
on trust, contributing to an environment more conducive to peace and positivity.
Of equal importance as a positive effect of prison staff, this positive atmosphere
would have an effect on prisoners as well. When individuals enter prison, they are entering
into a new world order where dynamics are extremely different from those of normal
society. These effects would influence prisoners to comply with the prisons rules and
standards, treating themselves, staffers, and other prisoners with respect and dignity.
In Norway, on Bastoy Island, there is prison that is commonly referred to as
luxurious. It is the largest low-security prison in Norway which is organized as a small
village, with roads, beach zones, cultural landscape, a football field, agricultural land and
forests. There is also a shop, library, information office, health services, church, school,
government social services, dock, ferry and a lighthouse to be used and enjoyed by the
prisoners. The majority of Bastoys prisoners are over the age of forty and have been
convicted of crimes such as drug smuggling, sexual assault, and murder. With Europes
highest reconviction rate at seventy percent, the shocking sixteen percent rate of Bastoys
prison shows this system successfully rehabilitates many prisoners. [69]

13

Having an idealistic system is a goal to strive for, but currently, prison abuse is still a
very real and important issue. The UN Special Rapporteur on Human Rights reported that in
Cuba the guards used physical punishment as a disciplinary measure to punish the prisoners
for expressing political opinions or protesting the conditions of the prisons, to intimidate the
prisoners for sex, and for other reasons, such as securing extra food or basic necessities [1].
Offenders in this prison are being severely taken advantage of. Guards authority is being
used to their benefit, overpowering and manipulating the prisoners who are at their mercy.
This violation of basic human rights on the part of prison administration is disturbing,
considering correction centres have some of the most power and influence in the fight to
perpetuate or end cruelty to prisoners, and in the prevalence of reconviction.
Prison chaplain Sister Antonia Maguire is not only a representative of the department
of corrections, but has spoken from her thirty-two years of experience working in these
facilities. She has said prisoners are treated like animals, without souls, who deserve
whatever they get [2]. This is an observation based on her experiences inside many
different prisons. Offenders are supposed to serve their sentence in relative peace, without
the dangers of other prisoners acting as threats, or even prison staff. To contend with Sister
Maguires statement former Minnesota Warden James Bruton said, security and control
given necessities in a prison environmentonly become a reality when dignity and respect
are inherent in the process [2]. This declaration is entirely true, and if followed by the
millions involved in the judicial system, prisoners and prison workers alike would have safer,
more bearable lives.

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Logic of Evil
Mom, I am physically and mentally destroyed, were some of eighteen year old
Rodney Hulins last words to his mother before his suicide in a Texas jail in 1996 [4]. Despite
having filed multiple grievances regarding his physical and sexual abuse by other prisoners,
Hulins requests for protective custody were denied on the grounds of too few cells to fit
him, the prison warden clearly neglecting his duty of protecting prisoners [4]. Though
impossible to justify, the physical, emotional and sexual abuse of inmates is a prevalent issue
in cultures worldwide. Despite having been imprisoned for a crime, these prisoners do
deserve to be treated with the dignity and respect they did not give their victims. For many,
inflicting abuse on others is beyond comprehension, but for some, this need for power is
sought after.

To explain the underlying culture of the abusers in detention centres, the Stanford
Prison Experiment can be used. This was an experiment conducted in August of 1971 by a
team of researchers led by psychology professor Philip Zombardo. The goal of the
experiment was to investigate how twenty-four out of seventy-five male students would act
if they were randomly assigned the roles of prisoners and guards in a mock prison situation.
It was to last seven to fourteen days.
The participants adapted to their roles well beyond Zimbardo's expectations, as the
guards enforced authoritarian measures and ultimately subjected some of the
prisoners to psychological torture. Many of the prisoners passively accepted
psychological abuse and, at the request of the guards, readily harassed other
prisoners who attempted to prevent it. The experiment even affected Zimbardo
himself, who, in his role as the superintendent, permitted the abuse to continue. Two
of the prisoners quit the experiment early, and the entire experiment was abruptly
stopped after only six days.
The realization that ordinary individuals could become sadistic when taking on the mindset
of a person in power was the result. The results of the experiment favor situational
attribution of behavior rather than dispositional attribution (a result caused by internal

15

characteristics). In other words, it seemed that the situation, rather than their individual
personalities, caused the participants' behavior [40].
This may be the underlying culture of the abusers in many detention centres
worldwide. This is to say that it may be possible if these guards and officers were in other
professions, they may not show sadistic tendencies. Because of their positions of authority
gravitation towards violence is evident, and this contributes to an overall atmosphere or
environment of abusive authority and power.

Law enforcement officers commonly work extended hours in ever-changing

environments that can cause great mental and physical stress according to the National
Institute of Justice [65]. Because of this stress, prison staff can become tired, irritable and
short tempered while working [65]. Workers can also become desensitized to violence and
some are simply ignorant. Others even fight against the desire to become a vigilante. Many
face the struggles of post-traumatic stress disorder, having been exposed to what many
would describe as the dark side of society for years on end. As an accumulation of all these
factors, prisoners are at a higher risk of mistreatment by authorities. The need for power
and control is instinctual in all human beings, but for those in authoritative roles, this instinct
can become heightened and subsequently, can become deadly.
[When a superior] is able to manipulate the subjects environment, to create
unpleasant or intolerable situations, to disrupt patterns of time, space, and sensory
perception Once this disruption is achieved, the subjects resistance is seriously
impaired. He experiences a kind of psychological shock, which may only last briefly,
but during which he is far likelier to comply and [will] frequently experience a
feeling of guilt [14].
This analysis in the Central Intelligence Agency (CIA)s manual KUBARK Counterintelligence
Interrogation of how to effectively take advantage of a subject is disturbingly specific.
Detailing how to coerce the victim using vulnerability as an advantage is an alarming reality
in many prisons on an international scale. Asserting power over an inmate to feel in control
is something to be frowned upon, but may lead to feelings of confidence and satisfaction for
the person in the superior position. Some law enforcers may even become desensitized to

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this kind of violence as a result of being conditioned to both practice and preach what they
are taught. Whether the superior is aware of the violation of the prisoner or not, there is still
logic behind their evil.
In the Journal of Law and Criminology, it is outlined that in this [male] subculture,
which relies on an aggressive conception of masculinity, places the quest for power and
dominance at the forefront. Behind prison walls, male inmates are stripped of most
traditional means of asserting their masculinity and, consequently, turn to intimidation and
aggression [3]. This shows how the simple atmosphere of prison is enough to make male
inmates act abnormally. Their worst qualities are brought out; adding to the already tense
and foreboding feel inside the cells. This can result in serious disputes ending in punishment,
injury, or in some cases, death.
This journal also details how immediately upon incarceration, an official often
knows whether an inmate is likely to be an aggressor or a victim. This knowledge should
compel action, for failure to take measures to protect endangered inmates constitutes
"deliberate indifference" to a clear danger [3]. This deliberate indifference putting inmates
lives in danger could be easily explained by simple ignorance on the part of the officer. There
is the potential that an inmate does not pose an obvious threat and is thus not treated as a
danger to themselves or others.
Another way to understand where this malicious intent comes from is to look from
the perspective of a prison staffer working with hundreds of rapists, murderers, pedophiles
and a multitude of offenders facing other charges, every day. A vigilante is someone who
takes the law into his or her own hands, as by avenging a crime [15]. Correctional officers
are exposed to the worst of society, reading and witnessing the details of scenes where
heinous crimes once occurred. Being exposed to these offenders so often could eventually
take its toll. The want to avenge a crime is easily done by abusing an inmate to the point
where there is no question of who is in inferior, and who has the utmost amount of power
and control. This is seen in prisons worldwide, where the desire for superiority overrides a
prison staffers self-control. Though this is not justified in any way, this provides an
understanding as to the thought process that could potentially contribute to the abuse of
prisoners.
Post-traumatic stress disorder is extremely prevalent among law enforcement, as
many as thirty three percent of police officers struggle with this disorder in Canada. Sleep

17

disturbance, irritability or anger, difficulty concentrating, hypervigilance, exaggerated startle

response [16] are all symptoms of this disorder. Because of these symptoms, prison staffers
may find vulnerable inmates easy targets of their aggression.
These are all elements to be expected when pursuing a career in law enforcement.
These can severely impact some workers, and even have such a negative influence that
events triggering or triggered by these reactions could be fatal. This is the reality prison
workers and prisoners face, both fighting their own battles, against each other, and against
themselves.

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Case Study: Guantnamo Bay, Cuba

The Guantnamo Bay Detention Camp (GTMO) is a military prison located within
Guantnamo Bay, owned by the United States of America and operated by the Joint Task
Force Guantnamo (JTF-GTMO) of the US government [17]. The United States leased
Guantnamo for use as a coaling and naval station in the CubanAmerican Treaty of 1903
[71]. This prison camp was established to detain extraordinarily dangerous persons, to
interrogate detainees in an optimal setting, and to prosecute detainees for war crimes" [17].
GTMO detainees come from a multitude of locations including Saudi Arabia, Yemen, China,
and many others. Under President George Bushs administration, prisoners detained in
GTMO were not protected under the Geneva Convention, rules that apply in times of
armed conflict and seek to protect people who are not or are no longer taking part in
hostilities; these include the sick and wounded of armed forces on the field, wounded, sick,
and shipwrecked members of armed forces at sea, prisoners of war, and civilians [32].
Later, this was overturned and prisoners are now protected under Common Article Three of
the Convention. This article states that,
Persons taking no active part in the hostilities, including members of armed forces
who have laid down their arms and those placed [outside of combat] by sickness,
wounds, detention, or any other cause, shall in all circumstances be treated
humanely, without any adverse distinction founded on race, colour, religion or faith,
sex, birth or wealth, or any other similar criteria. To this end, the following acts are
and shall remain prohibited at any time and in any place whatsoever with respect to
the above-mentioned persons: violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture; taking of hostages; outrages upon
dignity, in particular humiliating and degrading treatment; and the passing of
sentences and the carrying out of executions without previous judgment pronounced
by a regularly constituted court, affording all the judicial guarantees which are
recognized as indispensable by civilized peoples. The wounded and sick shall be
collected and cared for. [32]

19

It is argued whether this article applies to the Al Qaeda or Taliban fighters, terrorist groups
of extremist Muslim fighters [33] who identify as Islamic, because of some of its
specificities. Article three only applies to military personnel and guerrillas who are part of a
chain of command, wear distinctive insignia, bear arms openly, and abide by the rules of
war" [17]. Whether these extremist groups meet this criteria can be debated.
On June 10th 2003, three detainees were found dead in Guantanamo Bay Prison, and
their deaths were immediately ruled suicides by GTMO officials. Amnesty International
reported the deaths "[were] the tragic results of years of arbitrary and indefinite detention"
and called the prison "an indictment" of the George W. Bush administration's human rights
record [17]. Whether the deaths were the result of suicide or accidental manslaughter
following torture is disputed after four individuals came forward with different accounts of
what occurred. Three were members of the Military Intelligence unit assigned to guard
Camp Delta, where the victims were found dead. The fourth was a decorated army officer
who was on duty as Sergeant of the Guard the night before the discovery of the dead. Their
accounts claim the deaths occurred at a completely different camp, and consequential
questioning and uncertainty of what actually transpired followed.
Many reports in GTMO have been conducted and later published, such as the 2005
Amnesty International report comparing GTMO to Gulag [17], the government agency that
established forced labour camps during the Joseph Stalin era, known for the poor conditions
and prisoners going to extreme lengths for food and hygiene [34]. In 2006, the United
Nations called for the closure of the Guantnamo Bay Detention Camp because America's
idea of what is torture is not the same as ours and does not appear to coincide with that of
most civilized nations [31] The fight for closure has not come to an end, but the obstacle of
prisoners having been deemed too dangerous for transport to, and enrollment in other
facilities, is the reality.
NBC News reported in 2005 that female interrogators tried to break Muslim detainees
at the U.S. prison camp in Guantanamo Bay by sexual touching, wearing miniskirts and thong
underwear and in one case smearing a Saudi mans face with fake menstrual blood,
according to an insiders written account [18].
The interrogator left the room to ask a Muslim linguist how she could break the
prisoners reliance on God [to get information]. The linguist told her to tell the detainee
that she was menstruating, touch him, then make sure to turn off the water in his cell so

20

he couldnt wash. Strict interpretation of Islamic law forbids physical contact with
women other than a mans wife or family, and with any menstruating women, who are
considered unclean. The concept was to make the detainee feel that after talking to her
he was unclean and was unable to go before his God in prayer and gain strength. The
interrogator used ink from a red pen to fool the detainee.
This deliberate disregard and blatant disrespect for religious beliefs of detainees led some to
riots and mass suicide attempts [17].
A Newsweek article published in 2005 made allegations that United States
personnel at the Guantnamo Bay Detention Camp had deliberately damaged a copy of the
[Quran] by flushing it in a toilet in order to torment the prison's Muslim captives which later
sparked protests throughout the Islamic world and riots in Afghanistan, where pre-planned
demonstrations turned deadly. [63]
The New York Times also reported about Guantnamo Bay Detention Centre in May
of 2005 that after copies of the Quran had been tossed into a pile and stepped on, a senior
officer delivered an apology over the camp's loudspeaker system, pledging that such abuses
would stop." One month later, former Guantnamo Bay detainee Moazzam Begg gave an
interview where he claimed to have witnessed "incidents including the placing of Qurans in
an area used as a [toilet]." [63]
Following these reports, demonstrations in Afghanistan began in the eastern
provinces and spread to Kabul, published to have caused at least seventeen deaths.
Jalalabad, a city in eastern Afghanistan, was attacked; its government buildings and shops
targeted, and the offices of two international aid groups were destroyed. Demonstrations
also took place in Palestine, Egypt, Sudan, Pakistan and Indonesia, leading to the death of at
least fifteen people. Scott McClellan, the White House press secretary said [the reports] had
real consequences, people have lost their lives. Our image abroad has been damaged. In
Pakistan, Egypt, Indonesia, Bangladesh, and the Middle East, thousands of demonstrators
gathered in what The New York Times called "waves of protest", where US flags were
burned. [63]
In 2013, following many cases of abuse in GTMO, the Institute on Medicine as a
Profession reported how a health professional working with military and intelligence services

21

"designed and participated in cruel, inhumane, and degrading treatment and torture of
detainees" in GTMO [17]. Through many investigations and reports, physical, emotional and
sexual abuse are now known to be very prevalent in the detention camp.
The International Committee of the Red Cross (ICRC) has made many visits to GTMO and
once reported professionals were brought in to assess the mental health of detainees in
order to use the results as helpful points of vulnerability for future interrogation strategies
[22]. The organizations inspectors have also made claims that sleep deprivation, beatings,
loud noise or music, prolonged extreme temperatures, humiliating acts, and solitary
confinement are methods implemented in the torture of prisoners [17].
Staffers in the detention camp are also ordered to ignore ethical standards and the
monitoring of vital signs under stress inducing procedures. Confidential medical records
have also been used to identify detainees physical and psychological weaknesses that could
later be used and exploited during abusive interrogation by staff. Additionally, reports have
accused GTMO staff of having participated in force feeding prisoners participating in hunger
strikes. These forms of abuse are among the World Medical Association and American
Medical Associations prohibitions. [17]
According to reports published concerning the "Tipton Trio", British Muslim males
detained in Guantanamo Bay, they have become victims of blinding by pepper spray, having
been interrogated hundreds of times, beaten, tortured with broken glass, barbed wire,
cigarette burns and sexual assaults. One member of the trio made allegations of sensory
deprivation, forceful stress positions, having his head slammed into concrete, routine sleep
deprivation and forced drug injections. In 2004 an agent of the Federal Bureau of
Investigation was quoted as saying, "on a couple of occasions, I entered interview rooms to
find a detainee chained hand and foot in a fetal position to the floor, with no chair, food or
water. Most times, they had urinated or defecated on themselves and had been left there
for 18, 24 hours or more. A year later, detainees alleged that "large feeding tubes were
forcibly shoved up [their] noses and down into [their] stomachs, with guards using the same
tubes from one patient to another, and that [they had] no sedatives provided during these
procedures, which took place in front of U.S. physicians, including the head of the prison
hospital" [17].
Mohammed al-Qahtani, who was nicknamed the "20th hijacker of 9/11" was refused
entry at a Florida airport, which resulted in him not being able to take part in the attacks on

22

the Twin Towers in 2001. During his Guantnamo Detention Camp interrogations, he was
given three and a half bags of intravenous fluid, and then forbidden to use the toilet, forcing
him to defecate on himself. The following are examples of what he was subjected to during
interrogation, documented in 2005, when his interrogation log "Detainee 063" was partially
published [19].

Water is poured over the detainee.

Interrogations start at midnight, and last 12 hours.

When he falls asleep, he is woken up by American pop music and water.

Female personnel tries to humiliate and upset him, which is successful.

A military dog is used to intimidate him.

The soldiers play the American anthem and force him to salute.

They stick pictures of 9/11 victims to him.

He is forced to bark like a dog and his beard and hair are shaved.

He is stripped nude.

He is forced to wear a women's bra

In addition to these findings, writing in the New York Times on June 24th 2012, former
President Jimmy Carter said prisoners were exposed to waterboarding more than 100 times
or intimidated with semiautomatic weapons, power drills or threats to sexually assault their
mothers [17].
Mohamedou Ould Slahi is one of the GTMOs longest-held prisoners, having been
detained for twelve years following allegations of terrorist activity. He was accused of
involvement in a 1999 plot to bomb Los Angeles and of having ties to the perpetrators of the
9/11 attacks, later admitting to his allegiance with Al Queda in 1990s. Slahi published a diary
of his abuse and torture in the detention camp, writing how [he had] never felt as violated
in [him]self as [he] had since the (U.S. Department of Defense) team started to torture [him]
to get [him] (to) admit to things [he hadnt] done". He reported having been forced to
engage in sexual activities with two female officers and was often choked and beaten during
sexual encounters.

23

Guantnamo detainee, Abd al Hadi Omar Mahmoud Faraj is serving time for ties to a
Syrian terrorist group and for participation in hostilities executed against the USA. In 2003,
Faraj wrote a letter published in the Huffington Post speaking of prisoners having their
private parts searched 10 times a day. He also said he believes GTMO staff uses the excuse
of maintaining security to frequently sexually assault detainees.
Furthermore, according to Broken Laws, Broken Lives: Medical Evidence of Torture by
U.S. Personnel and its Impact; and the Centre for Constitutional Rights, prisoners reported
having been sodomized with broomsticks, a chemical light, rifles, [forced to participate in]
parading naked in front of female soldiers, wear[ing] womens underwear and [dancing] with
other men, [being forced to] undress in front of female interrogators and guards, [to touch]
their [own] genitals, [and forced] to watch pornography. Most detainees in U.S. custody
have [also] alleged that they were either raped, threatened with rape, or anally probed
[22].
Investigating the prevalence of Guantnamo former prisoners reoffending, Airat
Vakhitov, a citizen of Tajikistan, and Rustam Akhmyarov, a citizen of Russia, were
documented as having been captured as prisoners of war in Afghanistan in December 200.
They were detained in Guantnamo Bay Detention Camp. They were released in 2004 and
then arrested again in August 2005 in Moscow for allegedly preparing a series of attacks on
Russia. They were later released in September 2005, and no charges were pressed. A
possible explanation for this behaviour is that these men were subjected to the horrors of
GTMO, and are then released back into a world where inflicting terror is possible. To further
this argument, former vice president of the United States and businessman, Dick Cheney
said many detainees return to the battlefield after having been released. He also contends
that such men trick their interrogators about their true identities, posing as harmless so
when they are released, they can return to their former worlds [17].
Abdallah Salih al-Ajmi returned to his country from Guantnamo in 2005 and was taken
into custody. He was later released, and then successfully completed a suicide bombing,
killing himself and thirteen Iraqi policemen [23]. Four years later, the Pentagon said that it
had evidence that 18 former detainees have had direct involvement in terrorist activities
and that another forty four former detainees have a plausible link with terrorist activities,
according to its intelligence sources. Peter Bergen, a CNN analyst, said this is not surprising
if you've been locked up in a U.S. prison camp for several years [17]. In 2013, the Director of

24

National Intelligence reported that of 600 released detainees, one hundred were confirmed
to have returned to terrorist activities and an additional seventy were suspected of
reengaging [24].
A terrorist is someone who tries to instill fear and a sense of helplessness in victims in
order to force specific outcomes or behaviors [30]. Georgetown Universitys Fathali
Moghaddam, who specializes in intergroup relations and conflict, describes how the path to
becoming a terrorist is like a staircase, each consecutive floor being a specialized way of
thinking. Moghaddam explains,
On the ground floor, individuals are disgruntled because they feel deprived and have
particular perceptions of fairness. These may be inaccurate, but if no doors seem open to
participate in decision-making and change, such individuals climb to the next floor. As
anger and frustration mount, they become susceptible to leaders who may influence
them to dehumanize perceived enemies and displace these feelings on them.
He also explains how the most important transformation that takes place is from no
involvement with a terrorist group, to being considered one of their members. He focuses on
how the morality of the group affects this transformation. Moghaddam says,
These individuals begin to see terrorism as a justified strategy. Those who become
more fully engaged with the morality of terrorist organizations and keep climbing up
the staircase are ready for recruitment as active terrorists. The next steps include
accepting a polarized us-versus-them mentality and learning to side-step inhibitions
against murder and suicide. [30]
This is how the culture of terror develops. Through the stages of what Moghaddam explains,
a terrorist is made and becomes successful in what they do. If they are then caught and put
in GTMO, they are exposed to the culture inside, which is made up of fear, abuse, and
hatred, resulting from the aforementioned population and events of Guantnamo.
In 2008, Barack Obama pledged in his campaign to close Guantanamo. A year later in
2009, President Obama ordered the suspension of all prosecutions of Guantnamo Bay
detainees for 120 days to give his administration time to review all cases [26]. Congress

25

repeatedly blocked the US Presidents attempts to shut the prison, where more than 127
terror suspects remain held, even though almost half of them have been cleared for
transfer [26], which complicated things. After this, the President said of the prison,
As Americans, we have a profound commitment to justice so it makes no sense to
spend $3m per prisoner to keep open a prison that the world condemns and terrorists
use to recruit. Since Ive been President, weve worked responsibly to cut the population
of [GTMO] in half. Now its time to finish the job. And I will not relent in my
determination to shut it down. Its not who we are. [26]
Legislation to increase restrictions on transfers out was approved, resulting in more
prisoners serving more time at Guantnamo, contradicting Obamas efforts for closure.

Possible proposals to help close the prison and end the trauma being endured by
detainees of Guantnamo Bay Detention Camp are for them to seek political asylum, for the
international community to extend help, and for the prisoners to be transferred to another
prison.
Political Asylum is a right given to all humans under Article Fourteen of the Universal
Declaration of Human Rights. It is when a person persecuted by their own country may be
protected by another sovereign authority, a foreign country, or church sanctuaries [27]. To
be granted asylum in the USA, the person must prove that they have a well-founded fear of
persecution or have suffered past persecution on account of race, religion, nationality, or
membership in a particular social group or political opinion. They must also prove their
current presence in the United States [27]. Even if these requirements are met, the ultimate
grant of asylum is still at the discretion of the Attorney General [26].
In December 2007, the Secretary of State stated that closing Guantnamo Bay would
be impossible without the help of the international community. In order for a detainee to be
repatriated, the parent country must want to undoubtedly repatriate its national. The parent
country must also guarantee, in some cases, that the prisoner will remain incarcerated, and,
in all cases, that the prisoner will not be tortured or killed. Afghanistan, Britain, and
Australia, are examples of countries that have successfully reclaimed their nationals from
GTMO [26]. More recently, Canada has joined this category as well, having repatriated Omar

26

Khadr in 2012. Khadr is a convicted terrorist, having known ties to the Al-Qaeda terrorist
network. He was brought back to Canada to serve the rest of his sentence, which will be
administered by the Correctional Service of Canada [73].
Finally, another possible way to end the abuse in Guantnamo is by transferring the
detainees elsewhere. Fort Leavenworth, Kansas, is commonly assumed to be the destination
for GTMO detainees if the prison ever closed down. The Obama administration regards this
as the "best among a series of bad options" [28]. Despite not being an overwhelmingly
suitable choice, the arrival of Guantnamo prisoners at Fort Leavenworth could inject an
estimated $1bn a year into the state and help save 300 jobs at the prison. It would be run
jointly by the Departments of Justice, Defense and Homeland Security and would hold both
civilian and military trials [28]. Because the GTMO detainees would be moved onto USA
mainland, this would mean prisoners would then be protected under USA laws and
regulations such as Habeas Corpus (recourse in law determining whether a prisoner has
been detained lawfully) [29]. This could give many inmates the chance to have their
detainment determined unlawful, and thus, have the chance to be released.
In addition to these possible solutions, Fathali Moghaddam suggests that the best
way to prevent terrorism is to get in on what he considers the ground floor where injustice
is first felt by the individual. He says, when it comes to motivating social behavior, pride
may be the most important human emotionWounded pride lies at the heart of many of
societys largest problems, such as intergroup conflict and terrorism [30].
Moghaddam came to the conclusion that, while terrorism definitely has psychological
roots, it is ultimately a moral problem. He explains a lesson from the history of terrorism is
that this moral problem does not have a technological solution. This lesson is at odds with
the contemporary tendency to try to find technological solutions to moral dilemmas [30].

27

Case Study: Russia

Economically, Russia is a developing country due to the time it has taken and will
continue to take to become a developed country with low inflation, a sizable middle class,
and much slower economic growth rates in just seven years according to Bank of Americas
Merril Lynch in 2013 [60]. Leonid Grigoriev, Chief Advisor of the Head of the Analytical
Center in Tyumen, Russia, says that "during the last few years GDP of developed and
developing countries equaled. Third World countries produce product equal in volume and
cost to the one produced by developed countries. Russia's GDP is $15 000 per capita, which
is more than in developing countries but less than in developed. In developed countries this
level was achieved 20-30 years ago" [61], implying that Russia is indeed a country on the
road to classification as a developed nation, but not there yet.
In the 2012 Human Rights Report of Russia conducted and published by government
officials, human rights concerns included allegations of torture and excessive force by law
enforcement officials; life-threatening prison conditions; interference in the judiciary and
the right to a fair trial; widespread corruption; attacks on migrants and select religious and
ethnic minorities; and discrimination against and limitation of the rights of lesbian, gay,
bisexual, and transgender (LGBT) persons. The report also stated that in some places,
conflict among government forces, insurgents, Islamist militants, and criminal forces led to
numerous human rights abuses, including killings, torture, physical abuse, and politically
motivated abductions.
The conditions in the prisons and detention centers of Russia vary according to this
report, but some were harsh and life-threatening. Prisoners reported having a shortage of
food, limited access to healthcare, having been abused by prison guards and other inmates,
overcrowding in prisons, and inadequate sanitation facilities. In August of 2012 nineteen
inmates at a correctional facility in Yakutia, Russia, attempted mass suicide to oppose the
harsh conditions. Three months later at Kopeysk Prison Number Six in Chelyabinsk, there
was a prison protest to fight against the prison conditions, which allegedly included
extortion, beatings, and torture with electric shocks [54]. Inmates in these facilities had also
been known to self-mutilate as a type of protest over how they [were] treated [57].
Sergei Magnitsky was a Ukrainian lawyer who died of medical neglect and abuse
while in pretrial detention in Moscow, 2009 [55]. Dmitry Kratov, the deputy head of Butyrka

28

detention center, where Magnitsky died, was charged with negligence, but was later
acquitted. This acquittal immediately followed a statement from President Putin articulating
that Magnitsky had died of natural causes, despite a 2011 report by the Presidential Council
on Development of Civil Society and Human Rights containing evidence that Magnitskiy had
been beaten before his death.
The Human Right Report also includes an incident which occurred in June of 2012
where police officers in the Sverdlovsk region filmed a detainee sodomizing a fellow inmate
in a pretrial detention center instead of stopping the violence. They later uploaded the video
online. Regional police identified the officers and they were fired from their jobs. Twelve of
their superiors would face unspecified penalties because of the incident. By the end of 2012,
there had been no charges filed. [54]
After four Tatarstan police officers raped a suspect in custody with a champagne
bottle causing his death, Russian Interior Minister Rashid Nurgaliev fired the head of the
police station. A Radio Free Europe Radio Liberty newspaper said the swiftness of the
political fallout is unusual in a region where similar cases have gone unpunished or in fact
uninvestigated. Following the firing of the head, many picketed and brought champagnebottle-shaped-balloons to Tatarstan's Interior Ministry in Kazan, demanding justice for the
victim by reprimanding the Interior Minister as well.
According to a report by the Business Insider, many Russian prisons operate based
on a caste system. The lowest rung of prisoners [is made up of] informers, gay inmates,
rapists, prison rape victims, and child molesters, [who] are offered little protection from
other inmates in the prisons and that some of the more privileged inmates allegedly enjoy
perks such as Champagne, sushi, and whiskey. Indeed, poor funding reportedly leads prison
guards to take bribes from rich inmates. [57]
Russian cultural history can arguably play a role in the conditions of modern Russian
prisons. Conditions in modern-day Russian prisons resemble prison camps; prisoners are
physically beaten and humiliated, the prisons themselves are filthy and unheated, and the
director of the prison system does not allow public oversight or human rights workers to
monitor prison conditions, says an essay David Hosford, Pamela Kachurin and Thomas
Lamont titled Gulag: Soviet Prison Camps and Their Legacy.
Roughly forty three percent of men and sixty percent of women incarcerated in
Russia work some or all the time. Ilya Shablinksy, a member of the presidential human-rights

29

council, says he saw evidence of women working up to 14 hours a day in a penal colony in
Mordovia, and having just one day off a month. Conditions at the colony were almost at the
point of those of slave labour, says Shablinsky, very similar to those of the Soviet prison
camps of Gulag. [59]
Because the abuse of prisoners is widespread in Russia, as discovered through this
study, if Russia plans to continue its economic growth, the infrastructure of the country
needs to be enhanced, ending prisoner abuse.
The publication of prison atrocities across the globe amounts to awareness
surrounding this topic. Awareness results in respected persons of authority getting involved
who can eventually fuel a movement, such as Barack Obama, because he has enough
influence and power to do this. This could eventually end prisoner abuse worldwide.
However, without the rules and regulations of prisons, charters, and protective legislations
on a national scale being obeyed and enforced, there will not be enough ammunition to
further the fight to guarantee prisoner safety in detention centres across the world.

30

Case Study: Abu Ghraib, Iraq

Abu Ghraib Prison is a prison complex in Abu Ghraib, a city in Iraq, west of Baghdad.
After the USA invasion of Iraq in 2003, the Americans had full control of the prison. The
prison was then eventually under joint control of Iraq and the United States, but after three
years, the USA transferred complete control to the Iraqi government that later shut it down
in 2014. [35]
Under the use and control of the United States Army and Central Intelligence Agency
(CIA), there were many cases in the Abu Ghraib prison of rape, torture, assault and murder.
The George Bush administration attempted to cover these abuses by claiming they were
isolated incidents. Humanitarian organizations such as Amnesty International, the Red
Cross, and Human Rights Watch investigated and reported that these abuses were in fact
not isolated, but part of practices which pattern across many American overseas detention
centres, such as Guantnamo Bay, a USA run detention camp in Cuba. With evidence that
authorization came from then US Secretary of Defense, Donald Rumsfeld for these human
rights violations to be were carried out, the US government became frequently talked about
in relation to prisoner torture and abuse. [35]
As part of interrogation strategies implemented by US military personnel, prisoners
are not to be forced to stand for periods exceeding four hours. Rumsfeld said of this, "I
stand for 810 hours a day. Why is standing [by prisoners] limited to four hours? [36].
Human Rights Watch and other organizations have pushed for investigations into Rumsfeld
concerning his involvement in the Iraq War and his support for the Bush administrations
enhanced interrogation techniques. In 2005 the American Civil Liberties Union (ACLU) and
Human Rights First filed a lawsuit against Rumsfeld, "on behalf of eight men who they say
were subjected to torture and abuse by U.S. forces under the command of Defense
Secretary Donald Rumsfeld and for also allegedly violating U.S. and international law that
prohibits torture and cruel, inhuman, or degrading punishment [36]. Two former Baghdad
detainees also made similar allegations against the U.S. government and Rumsfeld, alleging
that they were tortured and their rights of Habeas Corpus were violated. US District Judge
Thomas F. Hogan ruled in 2007 that Rumsfeld could not "be held personally responsible for
actions taken in connection with his government job. The ACLU tried to fight the case again
in 2011 without success. [36]

31

In 2003 Amnesty International and the Associated Press released statements

detailing how detainees had been exposed to extreme heat, not provided clothing, and
forced to use open trenches for toilets. The Amnesty International report also stated that
prisoners had been tortured, with the methods including denial of sleep for extended
periods, exposure to bright lights and loud music, and being restrained in uncomfortable
positions [35]. Charles J. Hanley wrote for the Associated Press that in Iraq's American
detention camps, forbidden talk can earn a prisoner hours bound and stretched out in the
sun, this being a common practice where prisoners would have their hands bound, left in a
razor-wire enclosure on the hot sand to burn for hours on end [37].
Manadel al-Jamadi was a suspect in a Baghdad bomb attack that killed twelve
people, resulting in his detainment at Abu Ghraib prison. He later died in United States
custody during a CIA interrogation in November 2003. Al-Jamadis name became known in
2004 when the prison made news for scandals involving the release of photographs with his
corpse packed in ice in the background of US Army Specialists posing with thumbs-up
gestures. A military autopsy deemed his death a homicide, but no one has been, or will be
charged, according to reports [38].
A prisoner whose name was not recorded was quoted as saying al-Jamadi came into
the prison passive and nervous like a scared child, and there was no need to get physical
with him. His cause of death was not known until February of 2005 when it was revealed
that,
He had died after a fruitless half-hour interrogation, during which, contrary to official
guidelines, he was suspended from a barred window by his wrists, which were bound
behind his back. Thirty minutes after beginning his questioning of the prisoner, the
CIA interrogator called for guards to reposition al-Jamadi, who he believed was
"playing possum" as he slouched with his arms stretched behind him, [dead].
Captain Donald Reese, the company commander of the 372nd Military Police
Company, stated that the corpse was locked in a shower room overnight and the next day
was fitted with an intravenous drip; this was an attempt to hide what occurred from other
inmates. The body was then autopsied, establishing the cause of death as a blood clot from
trauma. Staff Sergeant Ivan Frederick wrote an account in November 2003 that interrogators

32

had "stressed him out so bad that the man died. [Prison personnel] put his body in a body
bag and packed him in ice for approximately twenty-four hours in the shower. The next day
the medics came and put his body on a stretcher, placed a fake IV in his arm and took him
away".
In 2004, Antonio Taguba, a major general in the US Army reported that a detainee
had been sodomized with "a chemical light and perhaps a broomstick [35]. He also stated in
2009 that there was photographic evidence of rape having occurred at Abu Ghraib. He wrote
that an Abu Ghraib detainee told investigators that he heard an Iraqi teenage boy screaming
and saw an army translator having sex with him, while a female soldier took pictures. A
witness identified the alleged rapist as a translator. Barack Obama made the decision not to
release photos from the prison documenting abuse and torture. [35] It is reported that,
[One] photo shows an American soldier apparently raping a female prisoner. Other
photos show interrogators sexually assaulting prisoners with objects including a
truncheon, wire and a phosphorescent tube, and a female prisoner having her
clothing forcibly removed to expose her breasts.[31] United States President Barack
Obama [decided] not to release the photos, stating, these pictures show torture,
abuse, rape and every indecency." Obama, who initially agreed to release the
photographs, later changed his mind, as he believed their release would put troops in
danger and inflame anti-American public opinion.
Soldiers have been found to have raped female detainees as well, some of whom
became pregnant and were murdered by their families in instances of honour killings.
Senior U.S. officials admitted that rape has taken place at Abu Ghraib. [35]
In May 2004, the Washington Post published evidence given by Ameen Saeed AlSheik, detainee No. 151362. It quoted him as saying about the US militants,
They said [they] will make [me] wish to die and it will not happen. They stripped me
naked. One of them told me he would rape me. He drew a picture of a woman to my
back and made me stand in shameful position holding my buttocks. Do you pray to

33

Allah?' one asked. I said yes. They said, '[expletive] you. And [expletive] him.' One of
them said, 'you are not getting out of here health[y], you are getting out of here
handicapped. And he said to me, 'Are you married?' I said, 'Yes.' They said, 'If your
wife saw you like this, she will be disappointed.' One of them said, 'But if I saw her
now she would not be disappointed now because I would rape her.' They ordered me
to thank Jesus that I'm alive. I said to him, 'I believe in Allah.' So he said, 'but I believe
in torture and I will torture you.' [35]
In 2005, The New York Times reported further testimony from Abu Ghraib detainees.
The abuses included urinating on detainees, pounding wounded limbs with metal batons,
pouring phosphoric acid on detainees, and tying ropes to the detainees' legs or penises and
dragging them across the floor [35].
Eleven soldiers were convicted of various charges relating to the incidents mentioned
above. All of the convictions included the charge of dereliction of duty, which is when one
willfully refuses to carry out their duties [39]. The majority of them received minor
sentences. Three other soldiers either had their charges cleared or were not charged at all.
No one was convicted for the murders of the detainees. [35]
Archbishop Giovanni Lajolo, foreign minister of the Vatican, said of the happenings at
Abu Ghraib, The torture? A more serious blow to the United States than September 11,
2001 attacks. Except that the blow was not inflicted by terrorists but by Americans against
themselves [35]. The publication of such atrocities inflicted by Americans had a huge global
impact. Some believed this would heighten the desire to attack the USA because The Iraqis
now feel very angry and that will cause revenge to restore the humiliated dignity. It also
tainted the United States reputation, as the former Law Lord Bingham said in November
2008, "particularly disturbing to proponents of the rule of law is the cynical lack of concern
for international legality among some top officials in the Bush administration [35].
In April of 2014 the Iraqi government announced the imminent closure of Abu Ghraib
prison for fear that it would be taken over by Sunni insurgents following a mass breakout
orchestrated by Al-Qaeda-affiliated Sunni fighters in 2013. This led to the escape of
hundreds of prisoners and a shootout that killed over 50 prisoners and members of the Iraqi
security forces [41]. The prison was located in the west of the capital, Baghdad, and was

34

close to the western province of Anbar, which was in the midst of open rebellion against the
central government of Baghdad. There were ongoing fights between the government and
the Sunni rebels, making Baghdad and the surrounding areas dangerous and lacking proper
security. This forced Iraqi government to close and abandon the prison complex, on April
fifteenth officially, transferring the approximately 2400 detainees to high security prisons
around the country [42].

35

International Organizations
International organizations have an integral part to play in ending prisoner injustice
worldwide. This network of support ranges from mainstream media outlets broadcasting the
horrors within some prisons, to large scale organizations being established to protect human
rights. Without these campaigning strategies and organizations, prisoner rights would
continue to be violated in many more places than they are currently. Without the world
being aware of such atrocities, there would be no end.
The word media is the means of communication, as radio and television,
newspapers, and magazines that reach or influence people widely [43]. Without this form
of communication that has become an integral part of modern day society, information
would not be passed on as frequently, easily, or effectively as it is. The New York Review of
Books published a report regarding the treatment of prisoners in American prisons, including
statistics such as how in 2011, nearly 200,000 people were sexually abused in American
detention facilities and that in 2012, 16.7 percent of inmates held in American juvenile
detention centres and both state and federal prisons reported having been sexually abused
in their current facility in the past twelve months [7]. The same media outlet also published
The Logic of Torture in 2014. This section was written about the interrogation strategies
used by USA organizations such as the CIA and chronicled the abuse of these strategies in
different prisons. It quite graphically detailed what kinds of physical and mental abuse that is
inflicted on detainees by officials in order to gain information. These reports are public, and
aid in spreading awareness of the abuse of detainees internationally.
Amnesty International is an organization of over 7 million people in more than 150
countries working together to protect and promote human rights. Their vision is to have a
world in which every person enjoys all the human rights enshrined in the Universal
Declaration of Human Rights and other international human rights instruments [44], and
their mission is to conduct research and generate action to prevent and end grave abuses
of human rights and to demand justice for those whose rights have been violated [44]. The
organization believes that humans are at our most powerful when we stand together for
human rights. Each person, no matter who or where they are, can make change happen by
acting in concert with others who share their vision of a world where everyone lives in
dignity [44]. This organization has fought for the rights of prisoners of conscience since the
organizations founding in 1961, and thousands of prisoners have since been released from

36

jail following action by Amnesty International on their behalf. They fight for prisoners that
have been detained because of their political, religious or other conscientiously-held
beliefs, ethnic origin, sex, color, language, national or social origin, economic status, birth,
sexual orientation or other status, provided that they have neither used nor advocated
violence [45].
Not only does Amnesty International campaign for prisoner rights in order to
eventually free them, they also release reports publicising prisoner rights infringements. The
organization once conducted a survey posing the question of whether citizens would feel
safe being detained in their own country. After forty four percent said no, Amnesty
International made an infographic which can now be found on the internet (see AppendixII).
After Amnesty International had appealed many times to have two females released from
detention for driving in Saudi Arabia, they were successful. Loujain al-Hathloul was arrested
in November 2014 at the border when she attempted to drive into Saudi Arabia from the
United Arab Emirates. The next morning, Maysaa al-Amoudi was also arrested at the border
when she drove from the United Arab Emirates to provide Loujain al-Hathloul with basic
supplies. After ten weeks, and Amnesty International fighting on their behalf, both women
were released and would not need to attend any court hearings following the ordeal [46].
The organization also released reports in 2003 and 2005 regarding Guantnamo Bay
Detention Camp (GTMO), their focus was on the human rights which had been violated in
the prison. One of their publications explained how the officials of GTMO are similar to the
government agency that established forced labor camps during the Joseph Stalin era, known
for the poor conditions and prisoners going to extreme lengths for food and hygiene [34].
Another international organization aiding the fight to free prisoners of unlawful
detainment and abuse is the International Committee of the Red Cross (ICRC).
The International Red Cross and Red Crescent Movement is the largest humanitarian
network in the world. Its mission is to alleviate human suffering, protect life and
health, and uphold human dignity especially during armed conflicts and other
emergencies. It is present in every country and supported by millions of
volunteers. The "Movement" is made up of the following components: the
International Committee of the Red Cross, the National Red Cross and Red Crescent

37

Societies and the International Federation of Red Cross and Red Crescent Societies
[47].
The ICRC also pledges to regularly visit with prisoners of war and civilians detained
during conflict across the world, to ensure humane treatment for all, work with authorities
to prevent abuse and improve conditions, and to guarantee the Geneva Convention is
adhered to [47].
Protecting the dignity of every individual, regardless of their legal status; preventing
unnecessary suffering caused by physical or mental illness that has not been
prevented, or is going untreated; reducing the risk of structural disasters such as
flooding, fire or collapsing buildings; and safeguarding detainees from being illtreated, in violation of their basic rights
The above is part of the ICRCs efforts to maintain dignity for prisoners and to protect their
rights. They also help to connect detainees with their families through phone calls, Red Cross
messages and prison visits, because detainees are still part of society, so it is vital to ensure
that they are not permanently excluded from it, and to facilitate their rehabilitation when
they re-enter it [48].
After investigating GTMO multiple times, the ICRC released reports documenting how
the mental health of detainees is assessed and points of vulnerability are later used as
helpful tools for future interrogation strategies [22]. The organizations inspectors have also
made claims that sleep deprivation, beatings, loud noise or music, prolonged extreme
temperatures, humiliating acts, and solitary confinement are methods implemented in the
torture of prisoners [17].
These organizations branch out internationally, meaning anyone anywhere can get
involved. Additionally, the majority of articles published by news sources can be accessed
online from almost any city, country or continent. This means people all over the globe can
be exposed to the reality of prisoner abuse. The facts published in articles such as these by
internationally accessible organizations possess shock value. They are stifling, but easy to

38

understand, while still astonishing enough that they resonate with the reader. They evoke
thought, which, in a type of domino effect, simultaneously results in awareness. This spread
of awareness through various media is vital to ending prisoner injustice.

39

Canadian Connection
In early Canadian history, 1831, a legislative committee in Upper Canada (modern
day Ontario) made the issue of prison size and atmosphere known. They understood that
these were having a negative impact on the prisoners, moulding them into destructive and
hardened criminals. As a solution, Kingston Penitentiary was constructed, a new prison for
detainees serving two years or more. The penitentiarys reputation was made up of high
expectations and hard consequences. Its four basic principles of discipline and control being:
Prisoners should be kept in solitary confinement when not at work; a strict rule of silence
should be maintained [excluding] the guards; a regime of discipline was to be enforced,
constant collective employment [to] keep the convicts busy. At this time, prison
administration believed in punishment to deter. The use of the cat-o-nine tails (a whip with
nine knotted lines fastened to a handle) [see AppendixIII] and the rawhide [see AppendixIIII]
was frequent. There could be as many as 40 public whippings in one morning, Prisons in
Canada author said about the Kingston Penitentiary.
Kingston's severe guidelines are illustrated in the amount of floggings handed out for
petty infractions:

Laughing and talking: 6 lashes, cat-o-nine tails

Talking in wash house: 6 lashes, rawhide

Threatening to knock convict's brains out: 24 lashes, cat-o-nine tails

Staring about and inattentive at breakfast table: bread and water

Leaving work and going to privy when other convict there: 36 hours in dark
cell and bread and water

In 1867, the Kingston Penitentiary brought in new ways to control the inmates
without necessarily having to become physical following the spread of the prison reform, a
movement to better the lives and environments of prisoners. The notion of incentives
replacing whippings, but serving the same purpose was implemented. This [granted] wellbehaved prisoners privileges such as lights at night for reading, frequent letter-writing
opportunities, and membership in the chapel choir. The removal of these privileges became
more common than physical punishment as deprivation and isolation were more effective
than flogging as a means of control. [6]

40

In 1921, Agnes Macphail became the first woman to be elected to the Canadian
House of Commons. She played a key role in the prisoner reform movement in the early
1900s. The 1923 Kingston Penitentiary prisoner uprising resulted in Macphails focused
attention on prisoners being the neglected part of society [74].
Later, in 1982, the Canadian Charter of Rights and Freedoms was established [49].
The Charter gives all Canadians, including prisoners, rights pertaining to the freedom of
conscience and religion; freedom of expression; freedom of peaceful assembly; freedom of
association; life, liberty and security of the person; protection from arbitrary detention and
imprisonment; reasons for detention; right to counsel; validity of detention; protection from
cruel and unusual treatment or punishment; equality; and language [6].
The Corrections and Conditional Release Act (CCRA) was then established in 1992
guaranteeing rights such as: the right to safe and humane custody; the right to be dealt with
in the least restrictive way; the residual rights which are those of any member of society,
except those necessarily restricted or removed by virtue of incarceration; the right to
forthright and fair-decision-making and to an effective grievance procedure; the right to
have sexual, cultural, linguistic and other differences and needs respected; and the right to
participate in programs designed to promote rehabilitation and reintegration [6].
Although these rights may still be violated in many parts of Canada, they serve as a
tool which may be used in court when they are violated. These rights serve as protection
against harm to a detainee, showing drastic advancement in prisoner rights from the 1800s.
The John Howard Society (JHS), an international organization, has branches in
Canada with a network of 65 offices across Canada whose mission is to provide various
kinds of rehabilitative and reintegrative services to released prisoners; everything from basic
job search skills to anger management to life skills to finding affordable housing. This is a
non-profit charity directed by a board of volunteers that not only believes in re-integrating
prisoners for their sake, but because this also, when - properly and effectively managed equates to crime prevention, because if prisoners are humanely and effectively re-integrated
into their communities they are less likely to re-offend. Less likely to re-offend means fewer
victims of crime. Fewer victims equals safer communities. The Elizabeth Fry Association is
also Canadian. It is an association of self-governing, community-based Elizabeth Fry
Societies that work with and for women and girls in the justice system, particularly those

41

who are, or may be, criminalized. They develop and advocate the beliefs, principles and
positions that guide [the association]. [It] exists to ensure substantive equality in the delivery
and development of services and programs through public education, research, legislative
and administrative reform, regionally, nationally and internationally [70]. Both these
organizations do the work and spread the awareness needed for prisoners to regaintheir
rights, and serve sentences which no longer damage their mental and/or physical health.
In January of 2015, the British Columbia Civil Liberties Association and JHS filed a
lawsuit against the Attorney General of Canada challenging the use of solitary confinement
in the prison of Canada as unconstitutional. The lawsuit maintains that when prisoners are in
isolation for up to twenty three hours a day, for months or even years (solitary
confinement), this is a cruel and unusual punishment. The lawsuit also argues that the
solitary confinement regime leads to prisoner suffering and deaths [and] deprives prisoners
of fundamental procedural protections. Carmen Cheung, Senior Counsel at the BCCLA said
of the practice,
Prolonged, indefinite solitary confinement is internationally regarded as torture. At a
time when the rest of the world is scaling back the use of solitary confinement,
Canada remains steadfast in its reliance on a broken and dangerous system. From the
Correctional Investigator of Canada to the United Nations Committee Against
Torture, the message to our government has been the same: Canada must change
the way it uses solitary confinement in its prisons. Canada hasnt acted to put an end
to this abuse, so we hope that our lawsuit will.
According to JHS, numerous studies have documented negative effects of long-term solitary
confinement including psychosis, hallucinations, insomnia and confusion. It can also create
mental illness where none previously existed, or exacerbate pre-existing illness. It is can also
be connected to prison suicide. The BCCLA and JHS both claim there are better, more
humane alternatives to solitary confinement that could potentially lead to a decrease in
prison violence, and aid rehabilitation of prisoners. [53]
Despite Canada having established human rights in accordance to the CCRA and
Canadian Charter of Rights and Freedoms, subsequently appearing to be a leading nation in
the respect and proper treatment of humans, the military situation of the early 2000s

42

contradicts this. Article twelve of the Geneva Convention, which Canada has signed, states
that "the Detaining Power is responsible for the treatment given [to prisoners of war]". After
Canada transferred its Afghan prisoners to Abu Ghraib prison in Iraq under the control of the
US government, abuse of the prisoners became public and Canada was pressured to transfer
detainees once again, guaranteeing their safety. In 2005, Chief of Defense Staff Rick Hillier
signed an agreement on behalf of Canadas Department of National Defense and the
Afghanistan government to have the detainees transferred to an Afghanistan complex run
by their security forces. This agreement, however, did not include any explicit right for
Canada to be allowed to visit its detainees. The Canadian Minister of National Defense,
David Pratt, was then pressures to renegotiate this agreement, which prompted him to
respond by saying the International Committee of the Red Cross and the Red Crescent
fulfilled the duty of ensuring fair treatment of detainees and Canada could be notified and
take action in any cases of abuse. The Red Cross then made it clear that their mandate was
being misunderstood, and that the safety and welfare of the prisoners was solely the
responsibility of Canada. Two years later, and after the Red Cross nor the Canadian
government was focusing on the welfare of detainees in the Kandahar jails, a new
agreement was reached which allowed Canada full access to the Afghanistan jails.
There have been two investigations conducted by the Military Police Complaints
Commission (MPCC) into the abuse suffered by the Afghan detainees since 2005. The first
investigation led to findings of Canadian Forces (CF) members [having] handled the
detainees appropriately and [having] given medical treatment, however, the MPCC also
found that the CF failed to conduct an investigation into how one of the detainees became
injured, contrary to normal direction. The second investigation was launched after a joint
complaint from Amnesty International Canada and the British Columbia Civil Liberties
Association alleging CF military police transferred detainees while there was enough
evidence to suggest they would be tortured on at least 18 occasions. All of these claims
were dismissed, but the MPCC is to issue a final report regarding these happenings. [51] If
any of these allegations are legitimate and the events did indeed occur, Canada is in fact
guilty of war crimes, violating Article Twelve of the Geneva Convention.

43

Solutions
Prisoner abuse is not something that has a quick fix solution. Many opinions, laws, and
circumstances play different roles in the prevalence and severity of prisoner abuse
internationally. The potential for the abuse of prisoners to become less frequent and
eventually no longer exist is possible, but awareness of what goes on behind the cell walls of
detention centres worldwide is an important strategy as well. However, without the support
of the international community, ending this injustice will never be possible. Ultimately, to
think there will ever be a world void of this abuse would be unrealistic and foolish. There will
always be at least one person or country of authority taking advantage of this power over an
inmate, but just because this is the reality, does not mean there are no ways to make
prisoner abuse less frequent.
The first possible solution is to do nothing. This would mean the whole world would stand by
letting individuals take advantage of their power over detainees, and letting the detainees
fight back with virtually no repercussions. It is possible that this would eventually result in
the end of prisoner abuse, through time, patience, and very lax governmental regulations.
This could however lead to an increase in deaths by homicide or suicide and/or traumatic
experiences for both guards and detainees involved.
Awareness is a very important part of ending prisoner injustice and abuse. As Brittney Cooke
said in her report, The Mistreatment of People With Disabilities,

Through awareness, issues and cases pertaining to particular countries are unveiled. By
making an issue public, and allowing the public to react to that issue is extremely significant
if not crucial to solving a global issue. Without awareness, there can be no money raised, aid
given, or anything else of the like that are the cornerstones of progress. [64]

This awareness could be spread through video surveillance in prisons, which could be
publically accessible through the Freedom of Information Act. This would force aggressors to
take responsible for their actions, and to know they can no longer secretly abuse prisoners.
Additionally, as Cooke says, without awareness, there is no hope for a better future
for anyone who is negatively affected by a world issue. The international community needs
to come together if there will ever be an end to prisoner abuse. Governments need to be

44

made aware and shamed because of the atrocities committed in facilities meant to be
housing and rehabilitating criminals, and they need to react to them with severe
consequences. For victims of abuse in detention centres, the negative impacts last a lifetime,
and for guards who inflict this pain, justice should be faced. Although there are few
solutions guaranteed to stop prisoner abuse worldwide, there still need to be efforts put
forth by individuals and governments around the world to protect prisoner rights, which are
human rights.

45

Conclusion
Prisoner abuse is a global issue that has existed for centuries and it is possible this
will go on to exist for many more. The type and severity of abuse that occurs is not limited to
the cases studied in Cuba, Russia, and Iraq. Emotional, sexual, and physical abuse are things
endured by many inmates from around the world. Because of the lack of awareness
surrounding this issue, it is unlikely it will be completely resolved on a large scale anytime in
the near future. Having said this, there are still steps being taken to minimize the frequency
of this abuse and the impact of victims. With the help of many organizations and
associations across the world, this is becoming possible. The first step in trying to end
prisoner injustice and mistreatment is awareness, and through being aware, individuals are
opened up to having a voice in society and the opportunity to fight for what they believe in.
This fight is the most important part of the movement to put an end to prisoner abuse.
Because of this fight, ideally someday the world will be free of this injustice, and inmates can
serve time without the fear and distrust they once felt towards the judicial system.

46

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Appendices

AppendixI: Location of Abu Ghraib, Iraq

53

AppendixII: Amnesty International poll results organized into an

infographic

54

AppendixIII: Cat-o-nine-tails whip used in

Kingston Penitentiary